HB123 Alabama 2023 Session

Updated Apr 17, 2023

Summary

Primary Sponsor: Barbara DrummondRepresentative
Democrat
Session: Regular Session 2023
Title: Relating to firearms; to amend Section 13A-11-72, Code of Alabama 1975, to provide a criminal penalty for a parent or legal guardian who fails to reasonably secure their firearm resulting in their minor possessing the firearm on the premises of a public school; to make nonsubstantive, technical revisions to update the existing code language to current style; 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 of 2022.
Description: Under existing law, a person may not knowingly carry or possess a deadly weapon on the premises of a public school with the intent to do bodily harm.
This bill would provide a criminal penalty for a parent or legal guardian that does not reasonably secure their firearm which results in their minor unlawfully possessing the firearm on the premises of a public school.
This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.
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. However, the bill HB123 INTRODUCED 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.
Subjects: Firearms, establishes penalty for parent of minor in possession on school premises