Alabama House Bill HB383

Alabama 2023 Regular Session

• Introduced: 4/25/23
• Refer: 4/25/23

Caption

Relating to public safety; to establish the Red Flag Protective Order Act; to provide for the issuance of ex parte red flag protective orders and one-year red flag protective orders; to require the surrender of all firearms and ammunition of a person subject to a red flag protective order; to provide for the renewal or early termination of an order; to provide criminal penalties for a violation; 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.

Impact

The bill is designed to create a legal mechanism that addresses immediate threats posed by individuals likely to engage in violent behavior, thus fundamentally altering the state's approach to gun control and public safety. It establishes a formal process for law enforcement, teachers, and family members to seek protective orders, potentially reducing the number of firearm-related injuries and fatalities. By integrating the orders into the enforcement and management of firearm possession, the bill aligns with existing federal regulations addressing firearms for individuals under certain types of restraining orders.

Summary

House Bill 383, known as the Red Flag Protective Order Act, seeks to enhance public safety by allowing courts to issue protective orders that prevent individuals deemed a danger to themselves or others from possessing firearms. The bill authorizes ex parte orders, which can be issued without the respondent present, as well as longer-term protective orders lasting one year. Upon issuance of these orders, respondents are required to surrender all firearms and ammunition to local law enforcement. This legislation is modeled after existing domestic violence laws that incorporate firearms surrender provisions, aiming to prevent gun violence related to individuals at risk of harming themselves or others.

Contention

While the bill garners support from various public safety advocates who see it as a necessary step in preventing gun violence, it also faces opposition. Critics argue that it may infringe on individuals' rights and raise concerns regarding due process, especially regarding the issuance of ex parte orders without the respondent's knowledge. Additionally, the requirement for law enforcement to take immediate actions to confiscate firearms introduces discussions about the implementation logistics and potential resource burdens on local agencies. Overall, the bill encapsulates the ongoing debate between ensuring public safety and safeguarding individual rights.