HB267 Alabama 2021 Session

This bill would provide for the Extreme Risk Protection Order Act

This bill would provide for an extreme risk protection order which would prohibit potentially violent defendants from possessing firearms, ammunition, or a pistol permit

This bill would provide a process for the implementation of an extreme risk protection order

This bill would provide for the enforcement and registration of an extreme risk protection order

This bill would require that information regarding extreme risk protection orders be tracked and distributed

This bill would also provide for criminal penalties for violations of extreme risk protection orders

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 and domestic violence; to add a new Chapter 10, commencing with Section 30-10-1, to Title 30, Code of Alabama 1975; to create an extreme risk protection order; to create a process to allow these orders to be issued and implemented; to create a process for enforcement of an order; to provide for the registration of an order; to provide a process for a defendant to surrender any firearms, ammunition, or pistol permits to law enforcement; to require that information regarding extreme risk protection orders be tracked and distributed to Alabama law enforcement officials; to create criminal penalties for violations of extreme risk protection orders; to amend Section 13A-11-72, Code of Alabama 1975, to provide that it is unlawful for a person that has an order against him or her to obtain or possess a firearm; 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.