1 HB292
2 202521-8
3 By Representatives Standridge, Harbison, Shedd, Ledbetter,
4 Drake, Rafferty, Carns and Oliver
5 RFD: Military and Veterans Affairs
6 First Read: 02-FEB-21
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1 ENGROSSED
2
3
4 A BILL
5 TO BE ENTITLED
6 AN ACT
7
8 Relating to pistol permits; to amend Section
9 13A-11-75.1, of the Code of Alabama 1975, as amended by Act
10 2019-525 of the 2019 Regular Session, providing for the
11 issuance of a pistol permit to a retired military veteran
12 without the payment of a fee, to further authorize an active
13 member of the U.S. Armed Forces and a honorably discharged
14 veteran to be issued a pistol permit without the payment of a
15 fee.
16 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
17 Section 1. Section 13A-11-75.1, Code of Alabama
18 1975, as amended by Act 2019-525 of the 2019 Regular Session,
19 is further amended to read as follows:
20 "13A-11-75.1.
21 "(a) The words retired military veteran as used in
22 this section, unless the context clearly requires a different
23 meaning, means only those persons who are retirees from active
24 duty in the Army, or the Navy, or the Marine Corps, or the Air
25 Force, or the Coast Guard of the United States or any reserve
26 or National Guard component thereof. For the purposes of this
27 section, the following words have the following meanings:
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1 "(1) HONORABLY DISCHARGED VETERAN. A person who has
2 been honorably discharged from the U.S. Armed Forces as
3 evidenced by the veteran's DD-214 form, or if the veteran does
4 not have a DD-214 form, as evidenced by the Veteran's Record
5 and Report of Separation Honorable Discharge Record. evidenced
6 by the veteran's DD-214 form, Record and Report of Separation
7 Honorable Discharge, or an Alabama driver's license with a
8 veteran designation.
9 "(2) MEMBER OF THE U.S. ARMED FORCES. An active
10 member of the U.S. Armed Forces as evidenced by a current
11 valid U.S. Military Identification.
12 "(3) RETIRED MILITARY VETERAN. A person who is
13 retired from active duty in the U.S. Armed Forces as evidenced
14 by a U.S. government issued Veteran Identification Card or
15 Veteran's DD-214 form.
16 "(4) U.S. ARMED FORCES. The Army, Navy, Marine
17 Corps, Air Force, Coast Guard of the United States, or any
18 reserve or National Guard component thereof.
19 "(b)(1) Any member of the U.S. Armed Forces, an
20 honorable discharged veteran, or any retired military veteran
21 who meets the conditions for issuance of a pistol permit
22 pursuant to Section 13A-11-75 shall be eligible to obtain the
23 pistol permit without paying a fee for the permit. Upon
24 approval of the pistol permit application, the pistol permit
25 shall be issued by the sheriff of the county in which the
26 veteran resides upon presentation by the.
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1 "(2) In order to obtain a pistol permit under this
2 section, a retired military veteran of the United States Armed
3 Forces government issued Veteran Identification Card or a
4 DD-214 Proof of Military Service form and shall present
5 sufficient proof that the person is a military retiree, an
6 active member of the U.S. Armed Forces shall present proof of
7 his or her current status as an active member of the U.S.
8 Armed Forces, and an honorably discharged veteran shall
9 present proof that he or she has been honorably discharged
10 from the U.S. Armed Forces.
11 "(3) The retired military veteran shall holder of
12 the pistol permit issued under this section may apply for
13 renewal as required by law, but shall be eligible to obtain
14 renewed pistol permits without paying a fee as long as he or
15 she meets the conditions for renewal of the permit.
16 "(c) In the event an active member of the U.S. Armed
17 Forces, a person who has been honorably discharged from the
18 U.S. Armed Forces, or a retired veteran, to whom a pistol
19 permit has been issued pursuant to subsection (b), is
20 suspected of or is charged with or convicted of a felony
21 involving moral turpitude, as defined in Section 17-3-30.1,
22 domestic violence in the first degree, as defined in Section
23 13A-6-130, or domestic violence in the second degree, as
24 defined in Section 13A-6-131, then the sheriff of the county
25 in which the retired veteran holder of the pistol permit
26 resides may revoke the pistol permit. The sheriff shall notify
27 the retired veteran holder of the pistol permit in writing and
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1 by registered mail that his or her pistol permit is revoked.
2 The sheriff shall state the reasons for the revocation and
3 order the retiree holder of the pistol permit to return his or
4 her pistol permit to that sheriff within 30 days. Should the
5 retired veteran holder of the pistol permit refuse to return
6 the pistol permit within the 30-day limit and continue to
7 carry the handgun, he or she shall be guilty of carrying a
8 weapon without a license or carrying a concealed weapon,
9 whichever might be the case.
10 "(d) In the event that any active duty member of the
11 U.S. Armed Forces resigns from his or her duties as an active
12 duty member of the U.S. Armed Forces without being honorably
13 discharged or is dishonorably discharged from the U.S. Armed
14 Forces, the former member shall immediately forfeit his or her
15 permit obtained under this section and shall return the permit
16 to the sheriff within 30 days. If the former member of the
17 U.S. Armed Forces who resigned or was dishonorably discharged
18 fails to return the pistol permit within the 30-day time
19 period and continues to carry a pistol, the former member
20 shall be quilty of carrying a weapon without a license or
21 carrying a concealed weapon, as appropriate."
22 Section 2. This act shall become effective on the
23 first day of the third month following its passage and
24 approval by the Governor, or its otherwise becoming law.
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1
2
3 House of Representatives
4 Read for the first time and re-
5 ferred to the House of Representa-
6 tives committee on Military and
7 Veterans Affairs................... ....... 02-FEB-21
8
9 Read for the second time and placed
10 on the calendar 1 amendment ...... ....... 25-FEB-21
11
12 Read for the third time and passed
13 as amended......................... ....... 04-MAR-21
14 Yeas 100, Nays 0, Abstains 3
15
16 Jeff Woodard
17 Clerk
18
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