HB39 Alabama 2020 Session

Under current law, concealed carry permits are issued by the sheriffs of each county. Each sheriff may have different fees, forms, and processes for the issuance of a concealed carry permit. Further, each county may maintain separate databases of individuals authorized to carry a pistol in a vehicle or concealed on or about his or her person within this state

This bill would standardize a process by which concealed carry permits may be issued statewide and would create a state concealed carry permit information system by which relevant data may be maintained and provided to law enforcement

This bill would also integrate into that state information system existing data relating to concealed carry permits issued by county sheriffs

This bill would provide that concealed carry permits may be issued for terms of one year or five years or for the lifetime of the permit holder

This bill would authorize the Alabama State Law Enforcement Agency to conduct background checks on persons with concealed carry permits in order to ensure continued compliance with state and federal law

This bill would also provide that the Alabama State Law Enforcement Agency may revoke a permit after a determination that the permit holder should not possess a permit under the same criteria for the issuance of a permit. This bill would allow sheriffs and other law enforcement officers to request that the Alabama State Law Enforcement Agency revoke a concealed carry permit upon reasonable belief that the permit holder should not possess a permit under the same criteria for the issuance of a permit

This bill would allow an individual whose permit has been revoked to appeal that revocation to the district court of his or her county of residence within 30 days of the revocation

This bill would require municipal, county, probate, and state courts to report to the Alabama State Law Enforcement Agency any disposition which would render that individual ineligible for a concealed carry permit, as well as report to the agency any update to any disposition which was previously forwarded to the Alabama State Law Enforcement Agency, including notice of any appeal, expungement, pardon, commutation, or restoration of civil rights

This bill will make several clerical edits to existing sections of the Code of Alabama 1975, to make law relating to concealed carry permits uniform

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to concealed carry permits; to amend Sections 13A-11-75 and 13A-11-84, Code of Alabama 1975, to provide for a statewide standardized process by which concealed carry permits may be issued and a state concealed carry permit information system by which relevant data can be maintained and provided to law enforcement; to integrate into that state information system existing data relating to concealed carry permits issued by county sheriffs; to provide for a new lifetime concealed carry permit which shall be valid for the lifetime of the permit holder; to provide a method by which the Alabama State Law Enforcement Agency may revoke a concealed carry permit upon a determination that the permit holder should not possess a permit using the same factors for issuance of a permit; to provide a method by which a concealed carry permit holder may appeal a revocation to the district court; to provide for the electronic forwarding of court dispositions by municipal, county, probate, and state courts to the Alabama State Law Enforcement Agency; to repeal Section 13A-11-75.1, Code of Alabama 1975; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.