HB381 Alabama 2020 Session

Summary

Primary Sponsor

Merika ColemanSenator

Democrat

Session

Regular Session 2020

Title

Firearms, domestice violence, to provide for an extreme risk protection order, prohibit certain violent defendants from possessing firearms, ammunition, or a pistol permit, to provide for the enforcement and registration of an extreme risk protection order, Secs. 30-10-1 to 30-10-15, inclusive, added; Sec. 13A-11-72 am'd.

Summary

HB381 creates the Extreme Risk Protection Order Act to temporarily restrict potentially violent individuals from firearms and sets up a court process to issue, enforce, and track these orders.

What This Bill Does

The bill creates a new Extreme Risk Protection Order process, allowing courts to issue ex parte or final orders that prohibit a defendant from owning or possessing firearms, ammunition, or a pistol permit. It establishes how petitions are filed, how orders are issued and served, and how firearms and permits must be relinquished and stored. It also sets enforcement procedures, tracking of orders, penalties for violations, and a mechanism to extend or vacate orders, along with amending existing firearm list rules for those subject to such orders.

Who It Affects

• Potentially violent defendants who could be ordered to relinquish firearms, ammunition, and pistol permits and who would be subject to criminal penalties for violations.
• Family members and law enforcement officers who file petitions for ERPOs and participate in enforcement, service, and notification, as well as courts and law enforcement agencies responsible for implementing and tracking the orders.

Key Provisions

• Adds a new Chapter 30-10 to Title 30 to create the Extreme Risk Protection Order Act, defining terms like EXTREME RISK, EXTREME RISK PROTECTION ORDER, and related concepts.
• Allows ex parte and final ERPOs issued by a court, with a process for petitioning, service, surrender of firearms/ammunition, and a requirement to relinquish any firearm-related items to law enforcement.
• Requires law enforcement to seize relinquished firearms, ammunition, and pistol permits, issue receipts, and report the surrender to the court; provides procedures for return if orders end or are vacated.
• Mandates that information about ERPOs be tracked and shared with law enforcement, and that entries are made in state and national systems; includes privacy protections and public reporting by the Administrative Office of Courts.
• Imposes penalties for ERPO violations (Class A misdemeanor for false statements; Class C felony for possessing firearms under an ERPO) and requires compliance with relinquishment and service rules.
• Amends 13A-11-72 to prohibit firearm ownership or possession by someone subject to an ERPO or related protective orders, with additional domestic violence and insanity-related provisions.
• Authorizes court-ordered extensions up to one year and outlines vacating procedures, including hearings and notice requirements; requires mental health or chemical dependency evaluations if appropriate.
• Provides that the bill may involve local funds, but contains exceptions to Amendment 621; effective date is October 1, 2020.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Domestic Violence