HB49 Alabama 2024 Session

Summary

Primary Sponsor

Phillip EnslerRepresentative

Democrat

Session

Regular Session 2024

Title

Red Flag Protective Order Act, established; to provide for the issuance of ex parte red flag protective orders and one-year red flag protective orders

Summary

HB49 creates the Red Flag Protective Order Act, allowing courts to issue temporary ex parte and one-year orders to keep someone from firearms when there is an immediate danger, with surrender of firearms to police and penalties for violations.

What This Bill Does

Courts can issue ex parte red flag protective orders without the respondent present, or one-year red flag protective orders after a hearing, if they find an immediate and present danger of personal injury to self or others. When such orders are issued, the respondent must surrender all firearms and ammunition to local law enforcement, and the order includes terms for relinquishment and potential extension. Orders can be renewed or terminated early under specific conditions, and violations can carry criminal penalties. The act also sets petition and hearing procedures, requires rapid information sharing with ALEA and updating background checks, and provides for record keeping and data reporting.

Who It Affects

• Respondent: the person named in the petition would be prohibited from owning, purchasing, controlling, possessing, or receiving firearms or ammunition while the order is in effect, must surrender any firearms to law enforcement, and may face penalties if they violate the order or possess firearms while subject to it.
• Petitioners and law enforcement responders: law enforcement officers, teachers, and family members who file petitions can seek ex parte or one-year orders, must provide notice when possible, participate in hearings, and coordinate surrender and removal of firearms; agencies must report data to ALEA and support enforcement and record-keeping.

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.
• 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, receipt, and potential disposal if unclaimed after a certain period.
• Provides for renewal or early termination of a one-year order, and allows hearings to determine continuation or termination, with the respondent able to seek attorney advice and request extensions as needed.
• Imposes penalties for false or harassing petitions (Class C misdemeanor) and for possessing firearms in violation of a red flag order, including a five-year prohibition after conviction.
• Mandates rapid notification and data sharing: orders must be reported to ALEA within one business day, and information must be added to a database and available for background checks.
• Defines key terms (ex parte order, one-year order, petitioner, respondent, etc.) and outlines the process for service, notices, and court hearings, including protections for health information and public data considerations.
• Effective date is October 1, 2024, and the act is exempt from certain local funding expenditure requirements due to its status as a crime-related measure.

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