HB 64 — Relating to firearms; to amend Section 13A-11-72, Code of Alabama 1975, to further provide for persons prohibited from possessing a firearm; to prohibit aliens unlawfully in the United States or aliens admitted under a nonimmigrant visa from possessing a firearm; to provide a penalty for persons in violation of this provision; to make nonsubstantive, technical revisions to update the existing code language to current style; 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.

HB64 ENGROSSEDENROLLED UT9BDD-2UT9BDD-3 By Representative Bolton RFD:

07-Mar-23 2023 Regular Session Page 0 HB64 EngrossedEnrolled 2Enrolled, 4An 6Act, A3 BILL TO BE ENTITLED AN ACT Relating to firearms;

"§13A-11-72 (a)(1) No person who has been convicted in this state or elsewhere of committing or attempting to commit a crime of violence, misdemeanor offense of domestic violence, violent offense as listed in Section 12-25-32(15), anyone who is Page 1 HB64 Engrossed subject to a valid protection order for domestic abuse, or anyone of unsound mind shall own a firearm or have one in his or her possession or under his or her control.

(b)(1) No person who is a minor, except under the circumstances provided in this section, a drug addict, or an Page 1 HB64 Enrolled habitual drunkarddrunkard, or who has a drug or alcohol addiction shall own a pistol or have one in his or her possession or under his or her control.

(e) School security personnel and school resource Page 2 HB64 Engrossed officers qualified under subsection (a) of Section 16-1-44.1(a), employed by a local board of education, and authorized by the employing local board of education to carry a deadly weapon while on duty are exempt from subsection (d) (c) of this section.

Law enforcement officers are exempt from this section, and persons with pistol permits issued pursuant Page 2 HB64 Enrolled to Section 13A-11-75, are exempt from subsection (d) (c) of this section.

(4) The minor is hunting or fishing pursuant to a valid Page 3 HB64 Engrossed license, if required, and the person has the license in his or her possession;

(5) The minor is on real property under the control of Page 3 HB64 Enrolled the minor's parent, legal guardian, or grandparent.

(7) The minor is traveling by motor vehicle to any of 95 the locations or activities listed in subdivisions (1) through (6), has written permission to possess the pistol or firearm by his or her parent or legal guardian, and the pistol or firearm is unloaded, locked in a compartment or container that is in or affixed securely to the motor vehicle, and is out of reach of the driver and any passenger in the motor vehicle.

95 (g) This section does not apply to a minor who uses a pistol or other firearm while acting in self-defense of himself, or herself, or other persons against an intruder into the residence of the minor or a residence in which the minor is an invited guest.

means an An Alabama Peace Officers' Standards and Training Commissioner-certified law enforcement officer employed by a law enforcement agency who is specifically selected and specially trained for the school Page 4 HB64 Engrossed setting.

(j) The term "deadly weapon" as used in this section Page 4 HB64 Enrolled means a(2) DEADLY WEAPON.

A person may is not be considered to have been convicted for the purposes of this section if the person is not considered to have been convicted in the jurisdiction in which the proceedings were held or the conviction has been expunged, set aside, or is of an offense for which the person has been pardoned or has had his or her civil rights restored, Page 5 HB64 Engrossed unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

A misdemeanor offense that has, as its Page 5 HB64 Enrolled elements, the use or attempted use of physical force or the threatened use of a dangerous instrument or deadly weapon, and the victim is a current or former spouse, parent, child, person with whom the defendant has a child in common, or a present or former household member.

(n) The term "qualified individual" as used in Page 6 HB64 Engrossed subsection (m),(5) QUALIFIED INDIVIDUAL.

(o) The term "unsound mind" as used in this section Page 6 HB64 Enrolled includes(7) UNSOUND MIND.

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements Page 7 HB64 Engrossed and application under Section 111.05 of the Constitution of Alabama of 2022, because the bill defines a new crime or amends the definition of an existing crime.

Page 87 HB64 EngrossedEnrolled House________________________________________________ Speaker of Representativesthe ReadHouse forof theRepresentatives first________________________________________________ timePresident and referredPresiding ................07-Mar-23Officer toof the Senate House of Representatives committeeI onhereby Judiciarycertify Readthat for the secondwithin timeAct originated in and placedwas ................05-Apr-23passed onby the calendar:House 24-May-23, as amended.

0John amendmentsTreadwell ReadClerk forSenate the06-Jun-23 thirdPassed timeHouse and06-Jun-23 passedConcurred ................24-May-23in asSenate amendedAmendment Yeas 101 Nays 0 Abstains 2 John Treadwell Clerk Page 98