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AL HB409
Bill
Status
3/6/2025
Primary Sponsor
Ernie Yarbrough
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AI Summary
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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.
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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.
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Imposes $50,000 civil penalty per occurrence on law enforcement agencies and political subdivisions that knowingly enforce red flag laws.
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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.
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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.
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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