HB123 Alabama 2023 Session

Sponsors

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.

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.

Subjects

Firearms, establishes penalty for parent of minor in possession on school premises