HB12 Alabama 2023 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2023

Title

Relating to firearms; to amend Section 13A-11-95, Code of Alabama 1975, as added by Act 2022-133, 2022 Regular Session, to provide that failure by a person to inform a law enforcement officer that he or she is in possession of a concealed pistol or firearm upon request is a Class A misdemeanor; 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 Section 111.05 of the Constitution of Alabama 2022.

Description

Under existing law, a person has a duty to inform law enforcement upon request when he or she is in possession of a concealed pistol or firearm.

Under existing law, no penalty for a violation of this duty is listed.

This bill would provide that failure by a person to inform a law enforcement officer that he or she is in possession of a concealed pistol or firearm upon request is a Class A misdemeanor.

Section 111.05 of the Constitution of Alabama of 2022, 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. If this bill is not enacted by a 2/3 vote, it will not become effective with regard to a local entity unless approved by the HB12 INTRODUCED local entity or until, and only as long as, the Legislature appropriates funds or provides for a local source of revenue.

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Subjects

Firearms, concealed pistols and firearms, duty to inform when requested, penalty added