HB 36 — Firearms, to prohibit parts converting a firearm into a machine gun

HB36 INTRODUCEDENGROSSED HB36 9H36BBP-1Q6L2545-2 By Representative Ensler RFD:

12-Jan-24 Page 0 9H36BBP-1HB36 12/14/2023Engrossed ZAK2 (L)cr4 2023-36806 2A 4BILL SYNOPSIS:TO BE ENTITLED AN ACT Relating to firearms;

Thisto bill would prohibit persons from possessing anya firearm that has a part or combination of parts designed or intended to convert a firearm into a machine gun.gun installed on or attached to the firearm;

Thisto bill would also provide penalties for violatingviolations. this prohibition.

Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless:

it comes within one of a number of specified exceptions;

it is approved by the affected entity;

or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the section.

However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the section.

Page 1 HB36 INTRODUCED A BILL TO BE ENTITLED AN ACT Relating to firearms;

to prohibit persons from possessing any part or combination of parts designed or intended to convert a firearm into a machine gun;

to provide penalties for violations;

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.

(a) For the purposes of this section, the term "machine gun" meanshas anythe firearmsame thatmeaning shoots,as isprovided designedin or26 intendedU.S.C. to shoot, or can be readily restored to shoot more than one shot automatically without manual reloading and by a single function of the trigger.

(b)(1)§ No5845. person shall knowingly own or have in his or her possession, control, care, or custody any part or combination of parts designed or intended to convert a firearm into a machine gun.

(2)(b) ANo firstperson violationshall ofknowingly thisown subsectionor ishave punishablein byhis theor completionher ofpossession, notcontrol, lesscare, thanor 100custody hoursa pistol that has a part or combination of communityparts service.designed or intended to convert a firearm into a machine gun installed on or attached to the pistol.

(c) A second or subsequent violation of this subsectionsection is a Class C felony.

(c)(d) This section does not apply to aeither stateof orthe localfollowing: law enforcement officer while acting in an official capacity or any machine gun lawfully owned or possessed under federal law.

Page(1) 2A HB36state INTRODUCEDor Sectionlocal 2.law enforcement officer while acting in an official capacity.

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Section(3) 3.Any part, combination of parts, or device designed or intended to increase a pistol's rate of fire but that does not enable a semiautomatic pistol to fire more than one shot, without manual reloading, by a single function of the trigger.

Section 2.

Page 32 HB36 Engrossed House of Representatives Read for the first time and referred ................06-Feb-24 to the House of Representatives committee on Judiciary Read for the second time and placed ................21-Feb-24 on the calendar:

1 amendment Read for the third time and passed ................30-Apr-24 as amended Yeas 60 Nays 38 Abstains 2 John Treadwell Clerk Page 3