1 SB308
2 212648-3
3 By Senator Price
4 RFD: Judiciary
5 First Read: 09-MAR-21
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1 SB308
2
3
4 ENROLLED, An Act,
5 Relating to concealed carry permits; to establish
6 the Alabama Uniform Concealed Carry Permit Act; to amend
7 Sections 13A-11-70, 13A-11-75, and 22-52-10.1, Code of Alabama
8 1975, to provide for a statewide standardized process by which
9 concealed carry permits may be issued by sheriffs and a state
10 firearms prohibited person database by which relevant data can
11 be maintained and provided to law enforcement; to authorize a
12 sheriff to provide for maintenance of permit records by
13 electronic means; to provide a method by which a sheriff may
14 revoke a permit; to provide a method by which an individual
15 may appeal a permit revocation, denial, or his or her listing
16 on the state firearms prohibited person database; to provide
17 for the electronic forwarding of convictions and court orders
18 to the Alabama State Law Enforcement Agency; to repeal Section
19 13A-11-75.1, Code of Alabama 1975; and in connection therewith
20 would have as its purpose or effect the requirement of a new
21 or increased expenditure of local funds within the meaning of
22 Amendment 621 of the Constitution of Alabama of 1901, now
23 appearing as Section 111.05 of the Official Recompilation of
24 the Constitution of Alabama of 1901, as amended.
25 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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1 Section 1. This act shall be known and may be cited
2 as the Alabama Uniform Concealed Carry Permit Act.
3 Section 2. (a)(1) No later than October 1, 2022, the
4 Alabama State Law Enforcement Agency shall develop, create,
5 maintain, and administer a state firearms prohibited person
6 database, and shall send written notice to the Governor and
7 the Director of the Legislative Services Agency certifying
8 that the database is operational and fully compliant with this
9 act. This database shall be linked to the state Law
10 Enforcement Tactical System so that all "Firearms Prohibited
11 Person" notices are viewable by law enforcement officers and
12 other authorized persons through the Law Enforcement Tactical
13 System. The database shall provide a method for municipal,
14 probate, district, and circuit courts to report convictions
15 and orders that affect an individual's eligibility to possess
16 a firearm under federal or state law. Upon request by a
17 sheriff, the agency shall share any information from the
18 database with the sheriff.
19 (2) The Alabama State Law Enforcement Agency may
20 contract with a third party for the development, creation, and
21 maintenance of a state firearms prohibited person database,
22 but the agency shall administer the database in a method as
23 determined by the Alabama Justice Information Commission.
24 (3) Except as otherwise provided in this act, any
25 information in the database shall be kept confidential, shall
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1 be exempt from disclosure under Section 36-12-40, Code of
2 Alabama 1975, and may only be used for law enforcement
3 purposes except when an individual on the database is charged
4 in any state with a felony involving the use of a firearm.
5 (b) A sheriff may provide for application, review,
6 and renewal of a concealed carry permit through electronic
7 means, as well as maintenance of records of applications,
8 issued permits, and denied permits through electronic means. A
9 sheriff may also accept payment for a permit by a debit or
10 credit card or other consumer electronic payment method. Any
11 transaction or banking fee charged for the electronic payment
12 method shall be paid by the applicant.
13 (c) The Alabama Justice Information Commission may
14 adopt rules to implement this act; provided, the commission
15 shall not place additional conditions or requirements on the
16 issuance of a concealed carry permit or limit its scope and
17 applicability.
18 (d) This act shall not be construed to limit or
19 place any conditions upon an individual's right to carry a
20 pistol that is not in a motor vehicle and not concealed on or
21 about his or her person.
22 (e) Any pistol permit issued prior to January 1,
23 2023, shall remain valid until its expiration date.
24 Section 3. Sections 13A-11-70 and 13A-11-75, Code of
25 Alabama 1975, are amended to read as follows:
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1 "13A-11-70.
2 "For the purposes of this division, the following
3 terms shall have the respective meanings ascribed by this
4 section:
5 "(1) PISTOL. Any firearm with a barrel less than 12
6 inches in length.
7 "(2) COMMISSION. The Alabama Justice Information
8 Commission.
9 "(3) CONCEALED CARRY PERMIT or PISTOL PERMIT. A
10 permit to carry a pistol in a vehicle or concealed on or about
11 his or her person within the state.
12 "(2) (4) CRIME OF VIOLENCE. Any of the following
13 crimes or an attempt to commit any of them, namely, murder,
14 manslaughter, (except manslaughter arising out of the
15 operation of a vehicle), rape, mayhem, assault with intent to
16 rob, assault with intent to ravish, assault with intent to
17 murder, robbery, burglary, and kidnapping. "Crime of violence"
18 shall also mean any Class A felony or any Class B felony that
19 has as an element serious physical injury, the distribution or
20 manufacture of a controlled substance, or is of a sexual
21 nature involving a child under the age of 12.
22 "(5) HONORABLY DISCHARGED VETERAN. An individual
23 honorably discharged from active duty in the Army, the Navy,
24 the Marine Corps, the Air Force, the Space Force, or the Coast
25 Guard of the United States, or any reserve or National Guard
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1 component of the United States Armed Forces, as evidenced by
2 his or her DD Form 214, Record and Report of Separation
3 Honorable Discharge Record, or other applicable documentation.
4 "(6) LIFETIME CONCEALED CARRY PERMIT or LIFETIME
5 CARRY PERMIT. A concealed carry permit that is valid for the
6 lifetime of the permit holder.
7 "(3) (7) PERSON. Such term includes any firm,
8 partnership, association, or corporation.
9 "(8) RETIRED MILITARY VETERAN. An individual who is
10 a retiree from active duty in the Army, the Navy, the Marine
11 Corps, the Air Force, the Space Force, or the Coast Guard of
12 the United States, or any reserve or National Guard component
13 of the United States Armed Forces.
14 "(9) SERVICE MEMBER. An individual who is in
15 military service and is a member of the armed services or
16 reserve forces of the United States or a member of the Alabama
17 National Guard.
18 "13A-11-75.
19 "(a)(1)a. The sheriff of a county, upon the
20 application of any person residing in that county, within 30
21 days from receipt of a complete application and accompanying
22 fee, shall issue or renew a permit for such person to carry a
23 pistol in a vehicle or concealed on or about his or her person
24 within this state for one- to five-year increments, as
25 requested by the person seeking the permit, from date of
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1 issue, unless the sheriff determines that the person is
2 prohibited from the possession of a pistol or firearm pursuant
3 to state or federal law, or has a reasonable suspicion that
4 the person may use a weapon unlawfully or in such other manner
5 that would endanger the person's self or others. In making
6 such determination, the sheriff may consider whether the
7 applicant:
8 "(a)(1) An Alabama resident who is 19 years of age
9 or more may apply to the sheriff of his or her county of
10 residence for issuance or renewal of a concealed carry permit,
11 valid for one year or five years.
12 "(2) An Alabama resident who is at least 18 years of
13 age and is a service member as defined in Section 35-10-70 or
14 a retired or honorably discharged military veteran as defined
15 in subsection (b) may apply to the sheriff of his or her
16 county of residence for issuance or renewal of a concealed
17 carry permit, valid for one year or five years.
18 "(3)a. Except as provided in paragraph b., an
19 Alabama resident who possesses a valid concealed carry permit
20 may apply to the sheriff of his or her county of residence for
21 issuance of a lifetime carry permit.
22 "b. A sheriff may require an applicant for a
23 lifetime carry permit to possess a valid concealed carry
24 permit for not more than five consecutive years prior to
25 approving the application for issuance of the permit. A
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1 sheriff's determination under this paragraph shall not be
2 subject to any appeal or review under subsection (j).
3 "(b)(1) Upon receipt of an application for a
4 concealed carry permit, the sheriff shall complete a criminal
5 background check through the National Instant Criminal
6 Background Check System (NICS) and review the state firearms
7 prohibited person database.
8 "(2) The sheriff shall also review any other
9 available local, state, and federal criminal history databases
10 to determine whether possession of a pistol or firearm by an
11 applicant would be a violation of state or federal law.
12 "(3) Upon application by an individual who is not a
13 United States Citizen, the sheriff shall conduct an
14 Immigration Alien Query through U.S. Immigration and Customs
15 Enforcement, or any successor agency, and the application form
16 shall require information relating to the applicant's country
17 of citizenship, place of birth, and any alien or admission
18 number issued by U.S. Immigration and Customs Enforcement, or
19 any successor agency. The sheriff shall review the results of
20 these inquiries before making a determination of whether to
21 issue a permit or renew a permit. An individual who is
22 unlawfully present in this state may not be issued a permit
23 under this section.
24 "(c) Within 30 days from receipt of a completed
25 application, a sheriff shall approve or deny the application.
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1 In making a determination whether to approve or deny the
2 issuance or renewal of a permit, the sheriff shall consider
3 whether the applicant:
4 "1.(1) Was found guilty but mentally ill in a
5 criminal case.
6 "2.(2) Was found not guilty in a criminal case by
7 reason of insanity or mental disease or defect.
8 "3.(3) Was declared incompetent to stand trial in a
9 criminal case.
10 "4.(4) Asserted a defense in a criminal case of not
11 guilty by reason of insanity or mental disease or defect.
12 "5.(5) Was found not guilty only by reason of lack
13 of mental responsibility under the Uniform Code of Military
14 Justice.
15 "6.(6) Required involuntary inpatient treatment in a
16 psychiatric hospital or similar treatment facility.
17 "7.(7) Required involuntary outpatient treatment in
18 a psychiatric hospital or similar treatment facility based on
19 a finding that the person individual is an imminent danger to
20 himself or herself or to others.
21 "8.(8) Required involuntary commitment to a
22 psychiatric hospital or similar treatment facility for any
23 reason, including drug use.
24 "9.(9) Is or was the subject of a prosecution or of
25 a commitment or incompetency proceeding that could lead to a
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1 prohibition on the receipt or possession of a firearm under
2 the laws of Alabama or the United States.
3 "10.(10) Falsified any portion of the permit
4 application.
5 "11.(11) Caused or causes justifiable concern for
6 public safety.
7 "b. The sheriff shall take into account how recent
8 any consideration under paragraph a. is in relation to the
9 date of the application. The sheriff shall provide a written
10 statement of the reasons for a denial of a permit and the
11 evidence upon which it is based must be disclosed to the
12 applicant, unless disclosure would interfere with a criminal
13 investigation.
14 "c. Except as otherwise provided by the laws of this
15 state, a permit issued under this subdivision is valid
16 throughout the state.
17 "d. Except as expressly provided in this section, a
18 sheriff may not place conditions or requirements on the
19 issuance of a pistol permit or limit its scope or
20 applicability.
21 "(2)a. The sheriff may revoke a permit issued under
22 subdivision (1) for any reason that could lead to a denial of
23 a permit under that subdivision.
24 "b. The sheriff shall provide a written statement of
25 the reasons for the revocation and the evidence upon which it
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1 is based must be disclosed to the applicant, unless disclosure
2 would interfere with a criminal investigation.
3 "(3) A person who is denied a permit under
4 subdivision (1), or a person whose permit is revoked under
5 subdivision (2), within 30 days of notification of the denial
6 or revocation, may appeal the denial or revocation to the
7 district court of the county where the denial or revocation
8 was issued. Upon a review of a denial under this subdivision,
9 the sheriff shall have the burden of proving by clear and
10 convincing evidence that the person is prohibited from
11 possession of a pistol or other firearm pursuant to state or
12 federal law or, based on any of the considerations enumerated
13 in subdivision (a)(1) that the person may use a weapon
14 unlawfully or in such other manner as would endanger the
15 person's self or others if granted a permit to carry a
16 concealed weapon under this section.
17 "(4) Within 30 days of receipt of the appeal, the
18 district court shall review the appeal and issue a
19 determination providing the reasons for the determination.
20 "(5) If the district court issues a determination in
21 favor of a person whose permit was denied or revoked, the
22 person shall be issued a permit or the permit must be
23 reinstated no later than the close of business on the fifth
24 business day following the district court's transmittal of its
25 order to the appropriate sheriff.
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1 "(6) Nothing in this section shall be construed to
2 permit a sheriff to disregard any federal law or regulation
3 pertaining to the purchase or possession of a firearm.
4 "(b) Each permit shall be written or in an
5 electronic or digital form to be prescribed by the Secretary
6 of State in consultation with the Alabama Sheriff's
7 Association, and shall bear the name, address, description,
8 and signature of the permittee. The original hard copy of the
9 permit shall be issued to the permittee, and a duplicate
10 shall, within seven days, be sent by registered or certified
11 mail to the Secretary of the Alabama State Law Enforcement
12 Agency. The application and a copy shall be preserved for six
13 years by the authority issuing the same. The sheriff may
14 charge a fee as provided by local law for the issuance of the
15 permit under subdivision (1) of subsection (a). The amount of
16 the fee for a period of one year up to five years shall be the
17 amount of the fee as prescribed by local law multiplied by the
18 number of years of the permit requested by the applicant. The
19 fee shall be paid into the county treasury unless otherwise
20 provided by local law. Prior to issuance or renewal of a
21 permit, the sheriff shall contact available local, state, and
22 federal criminal history data banks, including the National
23 Instant Criminal Background Check System, to determine whether
24 possession of a firearm by an applicant would be a violation
25 of state or federal law.
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1 "(c) A sheriff may not place a time constraint or
2 other requirement upon taking possession of a pistol permit by
3 the applicant after he or she has been notified that his or
4 her pistol permit has been approved.
5 "(d) For the convenience of the applicant, the
6 sheriff may provide for application or renewal of a permit
7 under subdivision (1) of subsection (a) through electronic
8 means. The sheriff may also accept payment for a permit by
9 debit or credit card or other consumer electronic payment
10 method. Any transaction or banking fee charged for the
11 electronic payment method shall be paid by the applicant.
12 "(d)(1) If the sheriff determines that any of the
13 factors in subdivisions