HB477 Alabama 2021 Session

Under current law, concealed carry permits are issued by the sheriffs of each county. Each sheriff may have different fees, forms, and processes for the issuance of a concealed carry permit. Further, each county may maintain separate databases of individuals authorized to carry a pistol in a vehicle or concealed on or about his or her person within this state

This bill would establish the Alabama Uniform Concealed Carry Permit Act, to standardize a process by which concealed carry permits may be issued by sheriffs and would create a state firearms prohibited person database by which relevant data may be maintained and provided to law enforcement, including sheriffs

This bill would provide that concealed carry permits may be issued by a sheriff for terms of one year or five years or for the lifetime of the permit holder

This bill would authorize a sheriff to conduct background checks on persons with concealed carry permits in order to ensure continued compliance with state and federal law

This bill would also provide that a sheriff of the county of residence of a permittee may revoke that permit after a determination that the permittee should not possess a permit under the same criteria for the issuance of a permit. This bill would allow the Alabama State Law Enforcement Agency, a law enforcement officer, or a court to request that a sheriff of the county of residence of a permittee revoke a concealed carry permit upon reasonable belief that the permit holder should not possess a permit under the same criteria for the issuance of a permit

This bill would allow an individual whose permit has been denied or revoked or who is listed on the state firearms prohibited person database to appeal that revocation or database entry to the district court of his or her county of residence

This bill would require municipal, probate, district, and circuit courts to report to the Alabama State Law Enforcement Agency any conviction or court order which would render an individual ineligible for a concealed carry permit, as well as report to the agency any update to any conviction or court order which was previously forwarded to the Alabama State Law Enforcement Agency, including notice of any appeal, expungement, pardon, commutation, or restoration of civil rights

This bill would also make several nonsubstantive, technical changes to existing code sections, to make law relating to concealed carry permits uniform

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 concealed carry permits; to establish the Alabama Uniform Concealed Carry Permit Act; to amend Sections 13A-11-70, 13A-11-75, and 22-52-10.1, Code of Alabama 1975, to provide for a statewide standardized process by which concealed carry permits may be issued by sheriffs and a state firearms prohibited person database by which relevant data can be maintained and provided to law enforcement; to authorize a sheriff to provide for maintenance of permit records by electronic means; to provide a method by which a sheriff may revoke a permit; to provide a method by which an individual may appeal a permit revocation, denial, or his or her listing on the state firearms prohibited person database; to provide for the electronic forwarding of convictions and court orders to the Alabama State Law Enforcement Agency; to repeal Section 13A-11-75.1, Code of Alabama 1975; 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.