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AL HB409

Bill

Status

Introduced

3/6/2025

Primary Sponsor

Ernie Yarbrough

Click for details

Origin

House of Representatives

2025 Regular Session

AI Summary

  • Prohibits state agencies, political subdivisions, and state or local law enforcement from enforcing any "red flag law" that restricts firearm ownership, possession, or directs seizure of firearms and ammunition from Alabama residents.

  • Excludes existing Alabama law restrictions based on criminal conviction (Section 13A-11-72 and Section 30-5-7) and does not apply to federal agents enforcing federal law.

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

  • Grants individuals injured by red flag law enforcement the right 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.

  • Eliminates sovereign immunity as a defense and grants the Attorney General standing to enforce this section; permits seizure of firearms as evidence during criminal investigations.

  • Becomes effective October 1, 2025.

Legislative Description

Relating to firearms; enforcement of red flag laws in this state prohibited; cause of action for enforcing red flag laws established

Firearms

Last Action

Pending House Judiciary

3/6/2025

Committee Referrals

Judiciary3/6/2025

Full Bill Text

No bill text available