HB234 Alabama 2023 Session

Sponsors

Session

Regular Session 2023

Title

Relating to crimes and offenses; to amend Section 13A-11-62, as last amended by Act 2022-133 and Act 2022-438, 2022 Regular Session, and 13A-11-63, Code of Alabama 1975, to prohibit the possession and use of a trigger activator and provide criminal penalties for a violation; to amend Section 5 of Act 2022-133, 2022 Regular Session, now appearing as Section 13A-11-97, Code of Alabama 1975, to further provide for the duties of a law enforcement officer during an investigatory stop involving a firearm; 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 state law, a person who possesses, obtains, receives, sells, or uses a short-barreled rifle or short-barreled shotgun is guilty of a Class C felony. A person may only lawfully possess or use these prohibited firearms if the person meets certain federal requirements.

This bill would prohibit the possession, sale, or use of a trigger activator that is designed or intended to allow a firearm to shoot more than one shot with a single pull of the trigger, and would provide criminal penalties for a violation.

This bill would further provide for the duties of a law enforcement officer during an investigatory stop, to provide that when the officer takes a firearm, or part or component of a firearm, into temporary custody, in addition to other requirements provided by law, the officer may only return the firearm or parts or components thereof that are lawful.

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 HB234 INTRODUCED 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 crimes and offenses; to amend Section 13A-11-62, as last amended by Act 2022-133 and Act 2022-438, 2022 Regular Session, and 13A-11-63, Code of Alabama 1975, to prohibit the possession and use of a trigger activator and provide criminal penalties for a violation; to amend Sectionof Act 2022-133, 2022 Regular Session, now appearing as Section 13A-11-97, Code of Alabama 1975, to further provide for the duties of a law enforcement officer during an investigatory stop involving a firearm; and in connection HB234 INTRODUCED 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, trigger activators, possession and use prohibited, criminal penalties, provided