HB478 Alabama 2018 Session

This bill would establish the Gun Violence Protective Order Act

This bill would authorize the issuance of ex parte gun violence protective orders and one-year gun violence protective orders. A court may authorize the issuance of the orders if the court finds that the respondent, as defined, poses an immediate and present danger of causing personal injury to self or others

This bill would provide that upon issuance of an ex parte or one-year gun violence protective order, the court shall order the respondent to surrender to the local law enforcement agency all guns and ammunition of which the respondent has custody, control, ownership, or possession

This bill would provide for the renewal or early termination of a one-year gun violence protective order under certain conditions

This bill would provide criminal penalties for a violation

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to firearms; to establish the Gun Violence Protective Order Act; to provide for an issuance of ex parte gun violence protective order and one-year gun violence protective order; to require the surrender of all guns 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 Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.