HB267 Alabama 2021 Session

Summary

Primary Sponsor

Merika ColemanSenator

Democrat

Session

Regular Session 2021

Title

Alabama Memorial Preservation Act of 2017, renamed Alabama Memorial Preservation Act of 2021, term limits provided for members of Committee on Alabama Monument Protection, duties of committee regarding petitions for waiver and petitions to raze provided, additional fines imposed, duties of Attorney General provided, punitive damages authorized, Secs. 41-9-235.1, 41-9-235.2 added; Secs. 41-9-230, 41-9-231, 41-9-232, 41-9-233, 41-9-234, 41-9-235, 41-9-236, 41-9-237 am'd.

Summary

The bill creates an Extreme Risk Protection Order Act to temporarily or permanently restrict firearm access for individuals deemed to pose an extreme risk, with a process for petitions, surrender of weapons, enforcement, and related penalties.

What This Bill Does

It adds a new Extreme Risk Protection Order Act to allow courts to issue ex parte and final orders restricting firearms, ammunition, and pistol permits for people who pose a significant risk. Petitions can be filed by law enforcement or a family member, and if the court finds reasonable cause, an ex parte order can require immediate relinquishment of weapons; a later final hearing can extend an order for up to one year. The act requires orders to be registered and shared with law enforcement across the state and, if violated, carries criminal penalties; it also tightens firearm restrictions for those under such orders and includes annual reporting and data tracking, with a local-funds expenditure clause included.

Who It Affects

• Defendants who are identified as posing an extreme risk and would be restricted from possessing firearms, ammunition, or pistol permits and may be required to relinquish those items.
• Public safety officials and agencies (law enforcement, courts, prosecutors, and the Administrative Office of Courts) responsible for issuing, enforcing, and tracking ERPOs and handling notices, service, and data reporting.

Key Provisions

• Creates Extreme Risk Protection Order Act, adding Chapter 10 to Title 30, with defined terms for extreme risk, order types, and participants.
• Allows petitions by law enforcement or family members for ex parte and final ERPOs; orders can be issued promptly if there is a significant risk and must include surrender of firearms, ammunition, and pistol permits.
• Establishes a process for final hearings, extending ERPOs for up to one year and requiring surrender of weapons; authorizes warrants to recover any firearms if not surrendered.
• Requires statewide registration and data sharing of ERPOs with ALS and, where applicable, NCIC and FBI systems; orders remain enforceable statewide and enforce credit across states.
• Imposes penalties for violations and false statements (Class A misdemeanors for false oaths or petitions; Class C felony for possessing firearms under an active ERPO); expands firearm prohibition to those under ERPOs via amended Section 13A-11-72; sets return and storage rules for relinquished firearms and supports court-ordered evaluations where appropriate.
• Addresses local funds by stating the act falls within an exception to Amendment 621, so it does not require a 2/3 vote or local approval for new expenditures.
• Requires the Attorney General to inform all Alabama law enforcement agencies about ERPO requirements by October 1, 2021, and outlines confidentiality and reporting standards for petitions and orders.

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