SB253 Alabama 2021 Session

Summary

Primary Sponsor

Gerald H. AllenSenator

Republican

Session

Regular Session 2021

Title

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

Summary

SB253 would amend the Alabama Constitution to bar state and local enforcement of federal gun laws and to shield Alabama-made firearms kept in Alabama from federal regulation.

What This Bill Does

It would create the Alabama Firearm Protection Amendment to prohibit the state, its agencies, and political subdivisions from participating in enforcing any federal act, order, rule, or regulation relating to firearms, ammunition, or firearm accessories. It would declare that firearms, ammunition, and accessories manufactured in Alabama and kept exclusively within Alabama are not subject to federal law or regulation under Congress's interstate commerce power, with a stamping requirement for exemption. It would prohibit public funds, state property, or officials from implementing or enforcing federal orders or acts after January 1, 2021 that regulate firearms, ammunition, or accessories, and would allow the Attorney General to enforce these rules against subdivisions. It would set up an enforcement process where residents can file complaints with the AG, who can then seek circuit court relief to compel compliance, potentially denying certain state funding to noncompliant subdivisions.

Who It Affects

• State agencies and political subdivisions (counties, municipalities): would be prohibited from enforcing federal gun laws and could lose state funds or revenues if they violate the amendment.
• Alabama firearm manufacturers and sellers: could be shielded from federal regulation for firearms manufactured and kept in Alabama that meet the amendment's criteria (including stamping requirements for exemption).
• Alabama residents who own firearms: would gain protections under the amendment to limit federal enforcement within the state and maintain Second Amendment rights as interpreted by the state.
• Attorney General and state courts: would handle complaints, compel compliance, and oversee any penalties or funding consequences for violations.
• Federal government and federal gun-regulation actions: would face limitations on enforcement within Alabama as defined by this amendment.

Key Provisions

• Creates the Alabama Firearm Protection Amendment to the Constitution of Alabama of 1901, prohibiting state and local enforcement of federal acts, orders, rules, or regulations relating to firearms, ammunition, or firearm accessories.
• Declares that firearms, ammunition, and firearm accessories manufactured in Alabama and kept within Alabama are not subject to federal law or regulation under the federal interstate commerce power, with a 'Made in Alabama' stamping requirement on a central metallic part to qualify; lists exceptions to exemption.
• Prohibits the use of public funds, state property, or officials from implementing or enforcing federal orders or acts after January 1, 2021 that regulate ownership, use, or possession of firearms, ammunition, or accessories; allows enforcement actions against violators.
• Establishes an enforcement process where residents can file complaints with the Attorney General; if valid, the AG may compel compliance via circuit court relief and may deny state funds or certain revenue allocations to offending subdivisions; costs incurred may be recoverable.
• Defines terms and clarifies severability; affirms rights to keep and bear arms consistent with anti-commandeering principles and states' rights to regulate intrastate commerce; outlines which firearms or scenarios are not covered by the amendment.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Constitutional Amendments