SB392 Alabama 2019 Session

Under current law, pistol permits are issued by the sheriffs of each Alabama county. Each sheriff may have differing fees, forms, and processes for the issuance of a pistol permit

Further, each county may maintain separate databases of persons authorized to carry a pistol

This bill would create a new statewide pistol permit called the Lifetime Carry Permit, and create a standardized process through which an individual may apply for a Lifetime Carry Permit. A Lifetime Carry Permit designation would be notated in a new Lifetime Carry Permit state database, linked to the driver license system so that it is viewable by law enforcement and other authorized persons, similar to other special endorsements or information as prescribed and authorized by current law, and an endorsement would be placed on the individual's driver license or nondriver identification card, at the option of the individual. The bill would allow an individual to opt to receive a separate Lifetime Carry Permit card

This bill would create a process by which, if a law enforcement officer or court finds probable cause to believe an individual with a Lifetime Carry Permit is, in fact, an individual prohibited from possessing a firearm under state or federal law, has a reasonable suspicion that the individual may use a weapon unlawfully or in such other manner that would endanger the individual's self or others, or believes the individual otherwise should not be issued a permit based on the factors provided in Section 13A-11-75(a)(1), the law enforcement officer or court may request a revocation hearing in district court

This bill would also create a process by which the Alabama State Law Enforcement Agency, upon conviction of any crime which would prohibit an individual from carrying a firearm under state or federal law, and upon receiving of a notice of that conviction forwarded by the convicting court, shall enter a Pistol Permit Prohibited Status endorsement into the state Lifetime Carry Permit system. This endorsement would not appear on the individual's driver license or nondriver identification card

This bill would also create a process by which an individual's Lifetime Carry Permit shall be reviewed by the Alabama State Law Enforcement Agency every four years from the date of issuance

This review would examine whether the individual has been convicted of a crime which would prohibit that person from possessing a firearm in the State of Alabama, whether there is a reasonable suspicion that the individual may use a weapon unlawfully or in such other manner that would endanger the individual's self or others, and whether the individual otherwise should be issued a permit based on the factors provided in Section 13A-11-75(a)(1)

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 provide for a statewide pistol permit called the Lifetime Carry Permit; to create a process by which these permits may be issued; 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.