HB36INTRODUCED
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HB36
9H36BBP-1
By Representative Ensler
RFD: Judiciary
First Read: 06-Feb-24
PFD: 12-Jan-24
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6 9H36BBP-1 12/14/2023 ZAK (L)cr 2023-3680
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PFD: 12-Jan-24
SYNOPSIS:
This bill would prohibit persons from possessing
any part or combination of parts designed or intended
to convert a firearm into a machine gun.
This bill would also provide penalties for
violating 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.
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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.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For purposes of this section, the term
"machine gun" means any firearm that shoots, is designed or
intended 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) No 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) A first violation of this subsection is punishable
by the completion of not less than 100 hours of community
service. A second or subsequent violation of this subsection
is a Class C felony.
(c) This section does not apply to a state or local law
enforcement officer while acting in an official capacity or
any machine gun lawfully owned or possessed under federal law.
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any machine gun lawfully owned or possessed under federal law.
Section 2. 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
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.
Section 3. This act shall become effective on October
1, 2024.
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