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AL HB514

Bill

Status

Introduced

5/23/2023

Primary Sponsor

Ernie Yarbrough

Click for details

Origin

House of Representatives

Regular Session 2023

AI Summary

  • 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.

  • 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.

  • Imposes a civil penalty of $50,000 per occurrence on law enforcement agencies or political subdivisions that knowingly enforce a red flag law.

  • 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.

  • 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

Committee Referrals

Judiciary5/23/2023

Full Bill Text

No bill text available