HB349 Alabama 2021 Session

Summary

Primary Sponsor

Wes AllenSecretary

Republican

Session

Regular Session 2021

Title

Firearms, prohibitions on state enforcement of certain federal firearm laws, provided

Summary

The bill creates the Alabama Second Amendment Preservation Act to block state and local enforcement of federal gun laws and to declare Alabama-made firearms kept in Alabama exempt from federal regulation.

What This Bill Does

It bars the state, its agencies, and political subdivisions from enforcing any federal gun laws, orders, or regulations, with criminal penalties for officials who violate. It also says firearms, ammunition, and firearm accessories manufactured in Alabama and kept in Alabama are not subject to federal regulation under interstate commerce rules. Residents can report violations to the Attorney General, who may seek court relief, and noncompliant subdivisions can lose state grant funds until they come into compliance.

Who It Affects

• State agencies, officials, and political subdivisions would be prohibited from enforcing federal gun laws and could face criminal penalties for violations.
• Alabama residents and gun owners could gain protections against federal enforcement within the state and have a formal process to challenge violations by local entities.
• Firearm manufacturers and dealers that produce and keep products entirely within Alabama could be exempt from federal regulation if products stay in-state.
• Local governments could lose state grant funds for violating the act and would need to come into compliance to regain funding.

Key Provisions

• Section 2: Prohibits the state, its agencies, and political subdivisions from enforcing any federal gun laws, orders, or regulations, with criminal penalties for violations by officials (Class C misdemeanor for first violation; Class B for subsequent violations).
• Section 2: Defines terms such as FIREARM ACCESSORY, GENERIC AND INSIGNIFICANT PART, MANUFACTURED IN THIS STATE, and MANUFACTURING to clarify what counts as in-state production and regulation.
• Section 2(c)-(d): States that firearms, ammunition, and accessories manufactured in Alabama and remaining in Alabama are not subject to federal law or regulation under the federal interstate commerce power, with conditions for what counts as 'Made in Alabama'.
• Section 3: Establishes a complaint process for residents to report violations by subdivisions, allows the Attorney General to seek court relief, and permits award of expenses; Section 3 also lets the state deny grant funding to violators until compliant.
• Section 5: Declares certain federal acts and regulations that infringe on the Second Amendment as void in Alabama within its borders (e.g., taxes, registration, confiscation, and bans).
• Section 7: Sets the act to become effective on the first day of the third month after passage and governor approval.

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

Subjects

Firearms