HB392 Alabama 2023 Session

Summary

Primary Sponsor

Cynthia Lee Almond

Republican

Session

Regular Session 2023

Title

Relating to firearms; to provide prohibitions on the use, ownership, or possession of a firearm under certain conditions; 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 federal law, a person may not possess a firearm under any of the following conditions: (1) the person has been convicted of a felony; (2) the person is a fugitive from justice; (3) the person is an unlawful user of or addicted to any controlled substance; (4) the person has been adjudicated as having a mental illness or has been committed to a mental institution; (5) the person is an alien and is illegally or unlawfully present in the United States; (6) the person has been discharged from the Armed Forces under dishonorable conditions; (7) the person, having been a citizen of the United States, has renounced citizenship; (8) the person is subject to certain domestic restraining orders and the restraining order includes a finding that the person is a credible threat to the physical safety of the person; or (9) the person has been convicted of domestic violence.

Also, under existing state law, a person may not possess a firearm if the person has committed a crime of violence, a misdemeanor offense of domestic violence, or a violent offense, or the person is subject to a protection order for domestic abuse, or the person is of unsound mind.

This bill would provide that a person prohibited HB392 INTRODUCED from possessing a firearm under federal law is prohibited from possessing a firearm under state law and would provide criminal penalties for a violation.

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 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.

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Subjects

Firearms, persons prohibited from possession thereof, further provided, criminal penalties for violation, provided