Bill Summary – FastDemocracy

 HB6
 212763-1
 By Representatives Stringer and Robertson
 RFD: Public Safety and Homeland Security
 First Read: 11-JAN-22
 PFD: 06/28/2021
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  212763-1:n:04/06/2021:LK/bm LSA2021-1094
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  SYNOPSIS:            Under existing law, with exceptions, a
              person may not conceal a firearm on his or her
             person, or carry a pistol in his or her vehicle,
             without a permit. Also under existing law, when a
             person commits a crime of violence, the possession
             of a pistol without a permit is prima facie
             evidence of the intent to commit the crime.
                      This bill would authorize individuals to
             carry a pistol or other firearm concealed or in a
             vehicle without a permit and would delete the
             presumption of intent to commit a crime of violence
             solely for not possessing a permit.
                      This bill would also revise the process by
             which a pistol seized in connection with a
             violation of Sections 13A-11-71 to 13A-11-73, Code
             of Alabama 1975, is disposed of or returned to its
             owner.
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                                A BILL
                            TO BE ENTITLED
                                    Page 1
                               AN ACT
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             Relating to firearms; to amend Sections 13A-11-71,
  13A-11-73, and 13A-11-84, to delete certain permit
  requirements related to the possession of a pistol or firearm;
  to delete a presumption of intent to commit a crime of
  violence; to revise the process by which certain seized
  pistols are returned to their owners or destroyed; and to
  repeal Sections 13A-11-50, 13A-11-52, and 13A-11-74, Code of
 Alabama 1975, to authorize the permitless concealed carry of
 firearms, with exceptions.
 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
            Section 1. Sections 13A-11-71, 13A-11-73, and
 13A-11-84, Code of Alabama 1975, are amended to read as
 follows:
            "13A-11-71.
            "If any person shall commit or attempt to commit a
 crime of violence when armed with a pistol, he may, in
 addition to the punishment provided for the crime, the person
 may be punished also as provided by this division. In the
 trial of a person for committing or attempting to commit a
 crime of violence, the fact that he was armed with a pistol
 and had no license to carry the same shall be prima facie
 evidence of his intention to commit said crime of violence.
            "13A-11-73.
            "(a) Except on land under his or her control or in
 his or her own abode or his or her own fixed place of
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  business, no Subject to Section 13A-11-72, a person shall 19
  or more years of age who is not otherwise prohibited by state
  law from possessing a firearm may carry a pistol or other
  firearm in any vehicle or concealed on or about his or her
  person without a permit issued under Section 13A-11-75(a)(1)
  or recognized under Section 13A-11-85.
            "(b) Except as otherwise prohibited by law, a person
  legally permitted to possess a pistol, but who does not
  possess a valid concealed weapon permit, may possess an
 unloaded pistol in his or her motor vehicle if the pistol is
 locked in a compartment or container that is in or affixed
 securely to the vehicle and out of reach of the driver and any
 passenger in the vehicle.
           "13A-11-84.
           "(a) Every violation of subsection (a) of Section
 13A-11-72 or Section 13A-11-81 shall be a Class C felony.
 Every violation of subsection (b) of Section 13A-11-72 or
 Sections 13A-11-73, 13A-11-74, 13A-11-76, and 13A-11-77
 through 13A-11-80 shall be a Class A misdemeanor. The
 punishment for violating Section 13A-11-78 or 13A-11-79 may
 include revocation of license.
           "(b)(1) It shall be the duty of any sheriff,
 policeman, or other peace officer of the State of Alabama,
 arresting any person charged with violating Sections 13A-11-71
 through 13A-11-73, or any one or more of those sections, to
 seize the pistol or pistols in the possession or under the
 control of the person or persons charged with violating the
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  section or sections, and to deliver the pistol or pistols to
  one of the following named persons: if a municipal officer
  makes the arrest, to the city clerk or custodian of stolen
  property of the municipality employing the arresting officer;
  if a county, state, or other peace officer makes the arrest,
  to the sheriff of the county in which the arrest is made. The
  person receiving the pistol or pistols from the arresting
  officer shall keep it in a safe place in as good condition as
  received until disposed of as hereinafter provided.
           "(2) Within five days after the final conviction of
 any person arrested for violating any of the above-numbered
 sections, the person receiving possession of the pistol or
 pistols, seized as provided in this section, shall report the
 seizure and detention of the pistol or pistols to the district
 attorney within the county where the pistol or pistols are
 seized, giving a full description thereof, the number, make
 and model thereof, the name of the person in whose possession
 it was found when seized, the person making claim to the same
 or any interest therein, if the name can be ascertained or is
 known, and the date of the seizure.
           "(3)a. Upon receipt of the report from the person
 receiving possession of the pistol or pistols, it shall be the
 duty of the district attorney within the county wherein the
 pistol or pistols were seized to direct the sheriff to return
 the pistol or pistols to the person in whose possession it was
 found when seized or the person making the claim to the pistol
 or pistols or to any interest in the pistol or pistols, as the
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  district attorney determines is appropriate, unless the
  district attorney determines it necessary or proper in the
  ends of justice to forthwith file a complaint in the circuit
  court of the proper county, praying that the seized pistol or
  pistols be declared contraband, be forfeited to the state and
  be destroyed.
            "b. Any person, firm, or corporation, or association
  of persons in whose possession the pistol or pistols may be
  seized or who claim to own the same or any interest therein
 shall be made a party defendant to the complaint, and
 thereupon the matter shall proceed and be determined in the
 circuit court of the proper county in the same form and
 manner, as near as may be, as in the forfeiture and
 destruction of gaming devices, except as otherwise provided.
           "c. When any judgment of condemnation and forfeiture
 is made in any case filed under this section, the judge making
 the judgment shall direct the destruction of the pistol or
 pistols by the person receiving possession of the pistol or
 pistols from the arresting officer in the presence of the
 clerk or register of the court, unless the judge is of the
 opinion that the nondestruction thereof is necessary or proper
 in the ends of justice, in which event and upon recommendation
 of the district attorney, the judge shall award the pistol or
 pistols to the sheriff of the county or to the chief of police
 of the municipality to be used exclusively by the sheriff or
 the chief of police in the enforcement of law, and the sheriff
 of the county and the chiefs of police of the municipalities
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  shall keep a permanent record of all pistols awarded to them
  as provided for in this section, to be accounted for as other
  public property, and the order, in the event that no appeal is
  taken within 15 days from the rendition thereof, shall be
  carried out and executed before the expiration of 20 days from
  the date of the judgment.
              "d. The court may direct in the judgment that the
  costs of the proceedings be paid by the person in whose
  possession the pistol or pistols were found when seized, or by
 any party or parties who claim to own the pistol or pistols,
 or any interest therein, and who contested the condemnation
 and forfeiture thereof."
             Section 2. Sections 13A-11-50, 13A-11-52, and
 13A-11-74, Code of Alabama 1975, providing prohibitions
 against carrying a concealed weapon without a permit and
 providing certain exceptions to that prohibition, are
 repealed.
             Section 3. This act shall become effective
 immediately following its passage and approval by the
 Governor, or its otherwise becoming law.
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Statutes affected: 
Introduced: 13A-11-71, 13A-11-73, 13A-11-71, 13A-11-73, 13A-11-84, 13A-11-50, 13A-11-52, 13A-11-74, 13A-11-71, 13A-11-73, 13A-11-84