HB451 Alabama 2023 Session

Summary

Primary Sponsor

Phillip EnslerRepresentative

Democrat

Session

Regular Session 2023

Title

Relating to firearms; to create the Voluntary Alabama Firearms Do-Not-Sell List; to allow an individual to voluntarily add himself or herself to the list; to establish procedures for an individual to be removed from the list; to prohibit certain actions regarding individuals on the list; to provide penalties for certain violations; 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

HB451 would create a voluntary Voluntary Alabama Firearms Do-Not-Sell List that individuals can join to restrict firearm purchases, with removal options, protections for listed individuals, and penalties for violations.

What This Bill Does

It establishes the Voluntary Alabama Firearms Do-Not-Sell List to be managed by the Department of Mental Health and sets up registration and removal processes. It provides multiple ways to register or remove a name (in person, by health care provider, by mail, or electronically) and includes an email notification system. It bars certain actions against listed individuals (by insurers, employers, housing providers, educational institutions, health care providers, and government entities) and prohibits transfers to listed individuals without a background check. It imposes penalties for false registrations, for disclosing list information, and for failing to perform required background checks, and it requires updating the FBI/NICS database; open records for list data are restricted.

Who It Affects

• Individuals in Alabama who choose to add themselves to the Do-Not-Sell List to limit their own ability to purchase firearms.
• Insurers, employers, housing providers, educational institutions, health care providers, and government entities, who are restricted from inquiring about list status or acting against listed individuals and must comply with related protections.

Key Provisions

• Creates the Voluntary Alabama Firearms Do-Not-Sell List, administered by the Department of Mental Health, with forms to register and to request removal.
• Registration/removal forms must be available at state public offices, circuit clerks, certain health care settings, and on the department's website; submissions can be in person, by mail, or electronically, with identity verification requirements; registrants receive an email contact option.
• Removal process allows 21 days for department action, or faster removal through a district court hearing to determine public-safety risk; removal includes deleting department records and notifying the FBI, which updates NICS.
• Background checks must not be performed to transfer a firearm to a person listed on the Do-Not-Sell list; violations are Class A misdemeanors with fines up to $6,000 and/or up to 1 year in jail.
• Disclosing a listed person’s identity or list status is restricted; violations are Class C misdemeanors with fines up to $500.
• False statements about identity on registration are Class A misdemeanors with fines up to $6,000 and/or up to 1 year in jail.
• Insurers may not inquire about list status or modify policies; employers may not inquire or take adverse action unless possession of a firearm is a job requirement; housing and housing-related discrimination cannot be based on list status; governmental benefits cannot be conditioned on list status; health care providers may not deny service based on list status.
• Educational institutions may not inquire about list status except as required for employment; health care providers must not deny services due to list status.
• The Department must forward registry information to the FBI for updating the National Instant Criminal Background Check System (NICS).
• Public records laws do not apply to information about the Do-Not-Sell List.
• Boards of professional licensing (counseling, medical, nursing, psychology) must adopt rules encouraging public awareness of the list.
• The act may require new or increased local funds, but it is exempt from certain local-funding approval requirements under Section 111.05 of the Alabama Constitution due to specified exceptions, and it includes a scheduled implementation timeline (forms by June 1, 2024; list creation by June 1, 2024).
• The act becomes effective on the first day of the third month after passage or upon other stated triggering events.

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

Subjects

Firearms, to provide for a do-not-sell list