AL
Alabama House Bill HB36

Alabama 2024 Regular Session

Alabama House Bill HB36 Compare Versions

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1+HB36INTRODUCED
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33 HB36
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55 By Representative Ensler
66 RFD: Judiciary
77 First Read: 06-Feb-24
88 PFD: 12-Jan-24
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14-6 HB36 Engrossed
14+6 9H36BBP-1 12/14/2023 ZAK (L)cr 2023-3680
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1616 PFD: 12-Jan-24
17-A BILL
18-TO BE ENTITLED
19-AN ACT
20-Relating to firearms; to prohibit persons from
21-possessing a firearm that has a part or combination of parts
22-designed or intended to convert a firearm into a machine gun
23-installed on or attached to the firearm; to provide penalties
24-for violations.
25-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
26-Section 1. (a) For the purposes of this section, the
27-term "machine gun" has the same meaning as provided in 26
28-U.S.C. ยง 5845.
29-(b) No person shall knowingly own or have in his or her
30-possession, control, care, or custody a pistol that has a part
31-or combination of parts designed or intended to convert a
32-firearm into a machine gun installed on or attached to the
33-pistol.
34-(c) A violation of this section is a Class C felony.
35-(d) This section does not apply to either of the
36-following:
37-(1) A state or local law enforcement officer while
38-acting in an official capacity.
17+SYNOPSIS:
18+This bill would prohibit persons from possessing
19+any part or combination of parts designed or intended
20+to convert a firearm into a machine gun.
21+This bill would also provide penalties for
22+violating this prohibition.
23+Section 111.05 of the Constitution of Alabama of
24+2022, prohibits a general law whose purpose or effect
25+would be to require a new or increased expenditure of
26+local funds from becoming effective with regard to a
27+local governmental entity without enactment by a 2/3
28+vote unless: it comes within one of a number of
29+specified exceptions; it is approved by the affected
30+entity; or the Legislature appropriates funds, or
31+provides a local source of revenue, to the entity for
32+the purpose.
33+The purpose or effect of this bill would be to
34+require a new or increased expenditure of local funds
35+within the meaning of the section. However, the bill
36+does not require approval of a local governmental
37+entity or enactment by a 2/3 vote to become effective
38+because it comes within one of the specified exceptions
39+contained in the section.
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68-acting in an official capacity.
69-(2) A person who owns or has in his or her possession,
70-control, care, or custody a firearm, part, or combination of
71-part that are registered in the National Firearms Registration
72-and Transfer Record maintained by the Bureau of Alcohol,
73-Tobacco, Firearms, and Explosives or is otherwise not subject
74-to that registration requirement.
75-(3) Any part, combination of parts, or device designed
76-or intended to increase a pistol's rate of fire but that does
77-not enable a semiautomatic pistol to fire more than one shot,
78-without manual reloading, by a single function of the trigger.
79-Section 2. This act shall become effective on October
80-1, 2024.
69+A BILL
70+TO BE ENTITLED
71+AN ACT
72+Relating to firearms; to prohibit persons from
73+possessing any part or combination of parts designed or
74+intended to convert a firearm into a machine gun; to provide
75+penalties for violations; and in connection therewith would
76+have as its purpose or effect the requirement of a new or
77+increased expenditure of local funds within the meaning of
78+Section 111.05 of the Constitution of Alabama of 2022.
79+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
80+Section 1. (a) For purposes of this section, the term
81+"machine gun" means any firearm that shoots, is designed or
82+intended to shoot, or can be readily restored to shoot more
83+than one shot automatically without manual reloading and by a
84+single function of the trigger.
85+(b)(1) No person shall knowingly own or have in his or
86+her possession, control, care, or custody any part or
87+combination of parts designed or intended to convert a firearm
88+into a machine gun.
89+(2) A first violation of this subsection is punishable
90+by the completion of not less than 100 hours of community
91+service. A second or subsequent violation of this subsection
92+is a Class C felony.
93+(c) This section does not apply to a state or local law
94+enforcement officer while acting in an official capacity or
95+any machine gun lawfully owned or possessed under federal law.
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94-1, 2024.
95-House of Representatives
96-Read for the first time and referred
97-to the House of Representatives
98-committee on Judiciary
99-................06-Feb-24
100-Read for the second time and placed
101-on the calendar:
102- 1 amendment
103-................21-Feb-24
104-Read for the third time and passed
105-as amended
106-................30-Apr-24
107-Yeas 60
108-Nays 38
109-Abstains 2
110-John Treadwell
111-Clerk
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125+any machine gun lawfully owned or possessed under federal law.
126+Section 2. Although this bill would have as its purpose
127+or effect the requirement of a new or increased expenditure of
128+local funds, the bill is excluded from further requirements
129+and application under Section 111.05 of the Constitution of
130+Alabama of 2022, because the bill defines a new crime or
131+amends the definition of an existing crime.
132+Section 3. This act shall become effective on October
133+1, 2024.
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