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

<p class="bill_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</p><p class="bill_description"> 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</p><p class="bill_description"> 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</p><p class="bill_description"> 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</p><p class="bill_description"> 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</p><p class="bill_entitled_an_act"> 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. </p>

Subjects

Firearms, trigger activators, possession and use prohibited, criminal penalties, provided