Under existing law, a person may not lawfully possess a firearm if the person has been convicted of a crime of violence, a misdemeanor offense of domestic violence, or a violent offense, or if the person is subject to a valid protection order for domestic abuse or is of unsound mind. This bill would further provide for the list of persons prohibited from possessing a firearm to include persons convicted of any felony offense. This bill would also prohibit possession of a firearm by a person who has been charged with committing a crime of violence, a misdemeanor offense of domestic violence, or a violent offense, and who thereafter was released pending or during trial. This bill would increase the penalty for discharging a firearm into an occupied dwelling, building, or other designated space. Under current law, this offense is a Class B felony. This bill would make the offense of discharging a firearm into an occupied dwelling a Class A felony. Under existing law, a parolee or probationer found in possession of firearm is subject to a period of confinement of no more than 45 days in a county jail. This bill would require the Board of Pardons and Paroles to revoke parole, or a court to revoke probation, when a parolee or probationer has been convicted of possession of a firearm by a person forbidden from firearm possession. This bill would allow the Board of Pardons and Paroles to revoke parole, or a court to revoke probation, when a parolee or probationer has been found in possession of a firearm. Under existing law, a person may be denied bail only if he or she is charged with certain enumerated offenses and detention is necessary to ensure the person’s appearance in court or to protect the safety of the community. This bill would add to the list of enumerated offenses certain offenses related to the unlawful use or possession of a firearm. This bill would also add to the list of enumerated offenses any solicitation, attempt, or conspiracy to commit any of the offenses for which bail may be denied. Section 111.05 of the Constitution of Alabama of 2022, 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.

Statutes affected:
Introduced: 13A-11-61, 13A-11-72, 15-13-3, 15-22-32, 15-22-54, 13A-11-72