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AL HB514
Bill
Status
5/23/2023
Primary Sponsor
Ernie Yarbrough
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AI Summary
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Prohibits all state agencies, political subdivisions, and state or local law enforcement agencies from enforcing any "red flag law" that restricts firearm ownership, possession, or requires seizure of firearms, firearm accessories, or ammunition.
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Defines "red flag law" as any federal, state, or local statute, law, regulation, ordinance, directive, rule, executive order, or judicial order that prohibits owning, possessing, transporting, transferring, or receiving firearms or ammunition, excluding provisions based on criminal convictions.
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Imposes a civil penalty of $50,000 per occurrence on law enforcement agencies or political subdivisions that knowingly enforce a red flag law.
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Creates a private right of action allowing individuals injured by red flag law enforcement to sue in circuit court for injunctive relief, damages, attorney fees, and costs, with courts required to hold hearings on temporary restraining orders or preliminary injunctions within 30 days.
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Authorizes the Attorney General to bring enforcement actions and eliminates sovereign immunity as a defense, while preserving law enforcement's ability to seize firearms as evidence during criminal investigations.
Legislative Description
Relating to firearms; to prohibit the enforcement of any red flag law in this state; and to provide a cause of action for the enforcement of a red flag law.
Firearms, to prohibit enforcement of red flag laws in this state
Last Action
Introduced and Referred to House Judiciary
5/23/2023