SB358 Alabama 2021 Session

Under existing constitutional law, the federal government may not require a state or its officers to administer or enforce a federal regulatory program

This bill would create the Alabama Second Amendment Preservation Act to prohibit the state and its agencies and political subdivisions from participating in the enforcement of any federal act, law, order, rule, or regulation relating to firearms, firearm accessories, or ammunition

This bill would also provide criminal penalties for a violation

Under existing constitutional law, the United States Congress is given the authority to regulate interstate commerce

This bill would provide that firearms, firearm accessories, and ammunition that are manufactured in this state and remain in this state, and are therefore only engaged in intrastate commerce, are not subject to federal law or regulation, including registration, under the authority of the United State Congress to regulate interstate commerce

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to firearms; to provide prohibitions on the enforcement of federal laws relating to firearms and accessories and ammunition thereof; to provide criminal penalties for a violation; to provide that certain firearms, firearm accessories, and ammunition that are manufactured in this state are not subject to federal law or regulation; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.