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SB358 Alabama 2021 Session

Updated Feb 26, 2026
High Interest

Summary

Session
Regular Session 2021
Title
Firearms, prohibitions on state enforcement of certain federal firearm laws, provided
Summary

SB358 creates the Alabama Second Amendment Preservation Act to limit state and local enforcement of federal gun laws, protect Alabama-made firearms kept in-state from federal regulation, and establish penalties for violations.

What This Bill Does

It bars the state and its agencies and political subdivisions from enforcing any federal act, law, order, rule, or regulation related to firearms, ammunition, or accessories. It imposes criminal penalties on public officials who knowingly violate this prohibition (Class C misdemeanor for the first offense, Class B misdemeanor for subsequent offenses). It declares that firearms, accessories, and ammunition manufactured in Alabama and kept in Alabama are not subject to federal regulation under the federal interstate commerce authority. It creates a complaint process for residents to report violations to the Attorney General, allows court action to enforce compliance (including recovering costs), and allows the state to deny grant funds to noncompliant subdivisions; it also addresses the act’s effective date and severability.

Who It Affects
  • State agencies, departments, and political subdivisions would be barred from enforcing federal gun laws and could face penalties and potential loss of state grant funds for noncompliance.
  • Alabama residents and gun owners (including those who manufacture firearms in-state and keep them within Alabama) would gain protection from federal regulation of in-state products and would be able to file complaints with the Attorney General if a local government violates the act.
Key Provisions
  • Section 2: Prohibits state agencies and political subdivisions from enforcing any federal gun-related act, law, order, rule, or regulation and imposes criminal penalties on officials who knowingly violate this prohibition.
  • Section 3: Establishes a process for residents to report violations to the Attorney General, allows court action to enforce compliance, and authorizes the court to award the AG's costs; permits denial of state grant funds to noncompliant subdivisions.
  • Section 4: Defines key terms (firearm, firearm accessory, manufactured in Alabama, etc.) and sets criteria for when a firearm manufactured in Alabama is exempt from federal regulation.
  • Section 5: States that certain federal acts and orders infringing on the Second Amendment are void in Alabama; outlines protections for law-abiding residents and the right to keep and bear arms within the state.
  • Section 7: Establishes when the act becomes effective (first day of the third month after passage and approval).
  • The act references Amendment 621 (Section 111.05) regarding local funding requirements, noting potential impacts on local expenditures and exceptions that affect how the act takes effect.
AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Firearms

Bill Actions

H

Pending third reading on day 27 Favorable from Public Safety and Homeland Security with 1 substitute

H

Public Safety and Homeland Security first Substitute Offered

H

Read for the second time and placed on the calendar with 1 substitute and

H

Read for the first time and referred to the House of Representatives committee on Public Safety and Homeland Security

S

Motion to Read a Third Time and Pass adopted Roll Call 993

S

Third Reading Passed

S

Read for the second time and placed on the calendar

S

Read for the first time and referred to the Senate committee on Governmental Affairs

Bill Text

Votes

SBIR: Allen motion to Adopt Roll Call 992

April 15, 2021 Senate Passed
Yes 25
No 5
Absent 4

Motion to Read a Third Time and Pass Roll Call 993

April 15, 2021 Senate Passed
Yes 22
No 5
Absent 7

Documents

Source: Alabama Legislature