HB383 Alabama 2023 Session

Summary

Primary Sponsor

Phillip EnslerRepresentative

Democrat

Session

Regular Session 2023

Title

Relating to public safety; to establish the Red Flag Protective Order Act; to provide for the issuance of ex parte red flag protective orders and one-year red flag protective orders; to require the surrender of all firearms and ammunition of a person subject to a red flag protective order; to provide for the renewal or early termination of an order; to provide criminal penalties for a violation; 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.

Summary

HB383 would create a Red Flag Protective Order system that lets courts temporarily remove firearms from people deemed dangerous and require surrender of weapons, with a process for ex parte and one-year orders, hearings, renewals, and penalties.

What This Bill Does

It authorizes courts to issue ex parte red flag protective orders and one-year red flag protective orders when a person poses an immediate and present danger of harming self or others. It requires the respondent to surrender all firearms and ammunition to local law enforcement while an order is in effect and establishes a hearing schedule, renewal options, and potential termination. It creates procedures for petitions, notices, service, and record-keeping, and requires data reporting to state and national systems; it also authorizes enforcement measures including warrants and firearm seizure, storage, and eventual disposal if unclaimed. It includes penalties for false petitions and for violating an order and notes that the local-funding requirements of Section 111.05 do not apply because the bill creates a new crime or amends a crime.

Who It Affects

• Respondents subject to red flag protective orders would be ordered to surrender firearms and could face criminal penalties for violations and for trying to possess firearms while under the order; they can seek renewal or termination after hearings.
• Petitioners and law enforcement personnel (including teachers, family members who file petitions and officers who serve orders) who file petitions, provide notice, enforce surrender, search records, and report data to ALEA and the National Instant Criminal Background Check System.

Key Provisions

• Establishes the Red Flag Protective Order Act and authorizes ex parte red flag protective orders and one-year red flag protective orders when there is an immediate and present danger of personal injury.
• Upon issuance, requires the respondent to surrender all firearms and ammunition to local law enforcement and allows for enforcement measures including warrants and law enforcement searches.
• Provides for renewal or early termination of a one-year order, with hearings and standards based on substantial danger, and allows the respondent to request termination after a hearing.
• Imposes criminal penalties for false petitions and for owning or attempting to own firearms while prohibited by a red flag order.
• Creates detailed petition and notice procedures, including service requirements, notice to adult family members when relevant, and rules for health information confidentiality.
• Requires law enforcement to inventory surrendered firearms, issue receipts, and file proof of surrender; requires destruction or transfer of surrendered firearms if unclaimed after specified periods.
• Establishes reporting and data-sharing requirements with ALEA and inclusion in the NICS background check system; provides a public aggregate-data component.
• Defines key terms (ex parte order, one-year order, petitioner, respondent, firearm, etc.) and sets the act’s effective date (first day of the third month after passage).
• Explicitly states the bill does not rely on local funding approvals under Section 111.05 due to exceptions and creates a specific local-funding exemption.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.