HB409 Alabama 2025 Session

Summary

Primary Sponsor

Ernie YarbroughRepresentative

Republican

Session

2025 Regular Session

Title

Relating to firearms; enforcement of red flag laws in this state prohibited; cause of action for enforcing red flag laws established

Summary

HB409 would bar Alabama state and local governments from enforcing red flag gun seizure laws and establish a legal remedy for individuals harmed by such enforcement.

What This Bill Does

The bill prohibits state agencies, state or local law enforcement, and political subdivisions from enforcing any red flag law in the state, including receiving funds to enforce it. It defines red flag laws broadly as any rule or order that restricts firearm ownership or requires seizure, with exceptions for certain conviction-based possession restrictions. It creates a civil liability framework: individuals harmed by enforcement can sue for damages and may obtain injunctive relief and attorney fees; agencies/officers who knowingly enforce red flag laws face a $50,000 per occurrence penalty. The Attorney General can sue to enforce these provisions, sovereign immunity is not a defense, and seizures may still occur as evidence in investigations. The act becomes effective October 1, 2025.

Who It Affects

• State agencies, state or local law enforcement, and political subdivisions would be barred from enforcing red flag laws and could face civil penalties if they knowingly enforce such laws.
• Individuals who are harmed by red flag law enforcement would have standing to sue in circuit court for damages, injunctive relief, and attorney fees.

Key Provisions

• The act, titled the Anti-Red Flag Gun Seizure Act, defines 'red flag law' as any federal, state, or local statute, regulation, ordinance, directive, rule, executive order, or judicial order that prohibits firearm ownership or requires seizure or surrender of a firearm or ammunition, with exceptions for certain conviction-based possession restrictions (notably excluding 13A-11-72 and 30-5-7).
• No state agency, local government, or law enforcement agency or employee may enforce, receive funds to enforce, or have authority to enforce any red flag law in this state; federal enforcement is not restricted.
• A state or local agency or officer who knowingly enforces a red flag law can be liable to the affected individual and face a civil penalty of $50,000 per occurrence.
• Individuals injured by red flag enforcement may sue in the circuit court for injunctive relief, damages, and attorney fees; the Attorney General has standing to enforce the provisions; sovereign immunity is not a defense.
• The act does not prevent a firearm from being seized as evidence in an investigation, and the act takes effect on October 1, 2025.

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