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AL HB381
Bill
Status
3/3/2020
Primary Sponsor
Merika Coleman-Evans
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AI Summary
HB381 Summary: Extreme Risk Protection Order Act
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Creates the "Extreme Risk Protection Order Act" allowing law enforcement officers and family members to petition courts to temporarily prohibit individuals posing significant risk of physical injury from possessing firearms, ammunition, or pistol permits.
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Establishes two types of orders: ex parte orders issued without notice (hearing within 1 business day) and final orders (hearing within 14 days) valid for one year, each subject to defendant burden of proof by clear and convincing evidence to vacate.
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Requires defendants to surrender all firearms, ammunition, and pistol permits to law enforcement within 24 hours of service, with law enforcement issuing receipts and returning items within 72 hours if order is vacated and defendant passes background check.
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Creates criminal penalties including Class A misdemeanor for false statements or harassment petitions, and Class C felony for possessing firearms while prohibited by an extreme risk protection order.
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Mandates Administrative Office of Courts track and annually publish statistics on petitions, orders issued/denied, and extensions by county; establishes full faith and credit for similar out-of-state orders; effective October 1, 2020.
Legislative Description
Firearms, domestice violence, to provide for an extreme risk protection order, prohibit certain violent defendants from possessing firearms, ammunition, or a pistol permit, to provide for the enforcement and registration of an extreme risk protection order, Secs. 30-10-1 to 30-10-15, inclusive, added; Sec. 13A-11-72 am'd.
Domestic Violence
Last Action
Read for the first time and referred to the House of Representatives committee on Judiciary
3/3/2020