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AL HB383

Bill

Status

Introduced

4/25/2023

Primary Sponsor

Phillip Ensler

Click for details

Origin

House of Representatives

Regular Session 2023

AI Summary

HB383 Summary: Red Flag Protective Order Act

  • Establishes the Red Flag Protective Order Act allowing courts to issue ex parte (emergency) and one-year red flag protective orders when a respondent poses an immediate and present danger of causing personal injury to self or others through firearm ownership or possession.

  • Authorizes law enforcement officers, teachers, and family members to petition courts for red flag protective orders, with ex parte orders issued within one business day and one-year orders issued after a hearing within 14 calendar days.

  • Requires respondents subject to red flag protective orders to surrender all firearms and ammunition to local law enforcement; law enforcement may conduct lawful searches and charge reasonable storage fees.

  • Allows respondents to request one hearing to terminate an order at any time during its effective period, with the burden of proving they no longer pose a substantial danger; permits petitioners to request renewal within three months before expiration.

  • Establishes criminal penalties including Class C misdemeanor charges for filing false petitions or violating order prohibitions, with violators banned from firearm possession for five years following conviction; requires courts to notify the Alabama State Law Enforcement Agency of all orders issued for entry into background check systems.

Legislative Description

Relating to public safety; to establish the Red Flag Protective Order Act; to provide for the issuance of ex parte red flag protective orders and one-year red flag protective orders; to require the surrender of all firearms and ammunition of a person subject to a red flag protective order; to provide for the renewal or early termination of an order; to provide criminal penalties for a violation; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

Last Action

Introduced and Referred to House Public Safety and Homeland Security

4/25/2023

Committee Referrals

Public Safety and Homeland Security4/25/2023

Full Bill Text

No bill text available