SB126 Alabama 2023 Session

Summary

Primary Sponsor

Merika ColemanSenator

Democrat

Session

Regular Session 2023

Title

Relating to firearms; to establish the Gun Violence Protective Order Act; to provide for the issuance of ex parte gun violence protective orders and one-year gun violence protective orders; to require the surrender of all firearms and ammunition of a person subject to an ex parte gun violence protective order or one-year gun violence 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

The bill creates the Gun Violence Protective Order Act, allowing courts to issue ex parte and one-year protective orders to keep firearms away from individuals deemed a danger and to require surrender of weapons.

What This Bill Does

If enacted, courts could issue ex parte gun violence protective orders when there is an immediate danger, followed by a one-year order after a hearing. The orders would require the respondent to surrender all firearms and ammunition to local law enforcement while the order is in effect, with processes for notice, service, and possible renewal. Violations carry criminal penalties, and law enforcement would manage surrender, storage, and reporting of these orders to state databases and federal background-check systems.

Who It Affects

• Respondents subject to the orders: would be prohibited from owning, purchasing, controlling, possessing, or receiving firearms and ammunition, and would be required to surrender them to local law enforcement; violations could result in criminal penalties.
• Petitioners (law enforcement officers, teachers, and family members who file for orders): would file petitions, obtain ex parte and one-year orders, provide notice, and coordinate with courts and law enforcement to ensure surrender and safety measures.

Key Provisions

• Establishes the Gun Violence Protective Order Act and authorizes ex parte gun violence protective orders and one-year gun violence protective orders when a court finds an immediate and present danger of personal injury to self or others.
• Requires the respondent to surrender all firearms and ammunition to local law enforcement upon issuance of an ex parte or one-year order, with procedures for relinquishment, service, storage, and potential warrants for noncompliance.
• Sets timelines and renewal/termination rules: hearings must be held within 14 days; orders can be renewed for one year and may be terminated on a showing that the respondent no longer poses a substantial danger; allows extensions and attorney consultation.
• Imposes penalties for false petitions and for unlawful possession of firearms while under an order; requires data reporting to ALEA and integration with the National Instant Criminal Background Check System (NICS); provides for fee structures for storage and outlines disposition of surrendered firearms.

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; Gun Violence Protective Order Act