HB514 Alabama 2023 Session

Summary

Primary Sponsor

Ernie YarbroughRepresentative

Republican

Session

Regular Session 2023

Title

Relating to firearms; to prohibit the enforcement of any red flag law in this state; and to provide a cause of action for the enforcement of a red flag law.

Summary

HB514 would ban Alabama state and local governments from enforcing red flag gun-seizure laws and create liability and remedies if such enforcement occurs.

What This Bill Does

It defines red flag laws and then prohibits state agencies, state and local law enforcement, and political subdivisions from enforcing any red flag law in Alabama. If an agency or officer knowingly enforces a red flag law, they or their agency could face civil penalties of $50,000 per occurrence. Injured individuals can sue in circuit court for damages, injunctive relief, and attorney fees, and the Attorney General can bring enforcement actions to ensure compliance. The bill allows firearms to be seized as evidence during investigations and becomes effective on the first day of the third month after passage.

Who It Affects

• State and local government agencies and law enforcement officers, who would be prohibited from enforcing red flag laws and could face civil penalties for doing so.
• Individuals who are targeted by red flag enforcement, who would have standing to sue for damages, injunctive relief, and attorney fees.
• The Attorney General, who would have standing to bring lawsuits to enforce the provisions.
• Federal agents or entities enforcing federal law, who are not restricted by the prohibition in the same way.

Key Provisions

• Section 1 designates the act as the Anti-Red Flag Gun Seizure Act.
• Defines 'red flag law' to include any statute, rule, order, or finding that prohibits firearm ownership or requires seizure, with certain criminal-conviction restrictions excluded.
• Prohibits any state or local agency, subdivision, or employee from enforcing a red flag law; allows an exception for federal enforcement.
• Creates civil liability of $50,000 per occurrence for knowingly enforcing a red flag law, and allows the harmed individual to sue for relief and damages.
• Gives the Attorney General standing to enforce the provisions; allows injunctive and equitable relief, damages, and attorney fees to plaintiffs.
• Sovereign immunity is not a defense against enforcement actions under this act.
• Notwithstanding the above, firearms may be seized as evidence during investigations.
• Section 2 makes the act effective on the first day of the third month after passage.

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 prohibit enforcement of red flag laws in this state