HB206INTRODUCED
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HB206
DD5SHNH-1
By Representative Moore (M)
RFD: Public Safety and Homeland Security
First Read: 06-Feb-25
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5 DD5SHNH-1 12/09/2024 ZAK (L)zak 2024-2201
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First Read: 06-Feb-25
SYNOPSIS:
This bill would prohibit the sale, transfer, and
possession of an assault weapon subject to certain
exceptions.
This bill would require a person who possesses
an assault weapon to take specified actions.
This bill would provide criminal penalties for
violations.
A BILL
TO BE ENTITLED
AN ACT
Relating to firearms; to prohibit the possession, sale,
or transfer of an assault weapon subject to certain
exceptions; to require a person who possesses an assault
weapon to take specified actions; and to provide criminal
penalties for violations.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. For the purposes of this act, the following
terms have the following meanings:
(1) ANTIQUE FIREARM. A firearm or replica of a firearm
not designed or redesigned for using rim fire or conventional
center fire ignition with fixed ammunition and manufactured in
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center fire ignition with fixed ammunition and manufactured in
or before 1898, including any matchlock, flintlock, percussion
cap, or similar type of ignition system, and also any firearm
using fixed ammunition manufactured in or before 1898, for
which ammunition is no longer manufactured in the United
States and is not readily available in the ordinary channels
of commercial trade.
(2) ASSAULT WEAPON.
a. Any selective-fire firearm capable of fully
automatic, semiautomatic, or burst fire at the option of the
user or any of the following specified semiautomatic firearms:
1. All AK series, including all of the following: AK,
AKM, AKS, AK-47, AK-74, ARM, MAK90, MISR, NHM90, NHM91, SA 85,
SA 93, VEPR, WASR-10, WUM, Rock River Arms LAR-47, and Vector
Arms AK-47.
2. All AR series, including all of the following:
AR-10, AR-15, Bushmaster XM15, Armalite AR-180 and M15,
Olympic Arms, AR70, DPMS Tactical Rifles, Smith and Wesson M
and P15 Rifles, Colt AR-15, Rock River Arms LAR-15, and
DoubleStar AR rifles.
3. Algimec AGM1.
4. Barrett 82A1 and REC7.
5. Beretta AR-70 and Beretta Storm.
6. Bushmaster Auto Rifle.
7. Calico Liberty series.
8. Chartered Industries of Singapore SR-88.
9. Colt Sporter.
10. Daewoo K-1, K-2, Max I, and Max II.
11. FAMAS MAS 223.
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11. FAMAS MAS 223.
l2. Federal XC-900 and SC-450.
13. Fabrique National FN/FAL, FN/LAR, and FNC.
14. FNH PS90, SCAR, and FS2000.
15. Goncz High Tech Carbine.
16. Hi-Point Carbine.
17. HK-91, HK-93, HK-94, SP-89, and HK-PSG-1.
18. Kel-Tec Sub-2000, SU series, and RFB.
19. M1 Carbine.
20. SAR-8, SAR-4800, and SR9.
21. SIG 57 AMT and 500 Series.
22. Sig Sauer MCX Rifle.
23. SKS capable of accepting a detachable magazine.
24. SLG 95.
25. SLR 95 and 96.
26. Spectre Auto Carbine.
27. Springfield Armory BM59, SAR-48, and G-3.
28. Sterling MK-6 and MK-7.
29. Steyr AUG.
30. Sturm Ruger Mini-14 with folding stock.
31. TNW M230 and M2HB.
32. Thompson types, including Thompson T5.
33. UZI, Galil and UZI Sporter, Galil Sporter, Galil
Sniper Rifle (Galatz), and Vector Arms UZI.
34. Weaver Arms Nighthawk.
b. All of the following pistols, copies, duplicates, or
altered facsimiles with the capability of any weapon thereof:
1. AK-47 pistol and Mini AK-47 pistol.
2. AR-15 pistol.
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2. AR-15 pistol.
3. Australian Automatic Arms SAP pistol.
4. Bushmaster Auto Pistol.
5. Calico Liberty series pistols.
6. Encom MK-IV, MP-9, and MP-45.
7. Feather AT-9 and Mini-AT.
8. Goncz High Tech Long pistol.
9. Holmes MP-83.
10. Iver Johnson Enforcer.
11. MAC-10 and MAC-11, Masterpiece Arms MPA pistol
series, and Velocity Arms VMA series.
12. Intratec TEC-9, TEC-DC9, TEC-22 Scorpion, and
AB-10.
13. UZI pistol and Micro-UZI pistol.
14. Colefire Magnum.
15. Scarab Skorpion.
16. Spectre Auto pistol.
17. German Sport 522 PK.
18. Chiappa Firearms Mfour-22.
19. DSA SA58 PKP FAL.
20. I.O. Inc. PPS-43C.
21. Kel-Tec PLR-16 pistol.
22. Sig Sauer P556 pistol.
23. Thompson TA5 series pistols.
24. Wilkinson "Linda" pistol.
c. All of the following shotguns, copies, duplicates,
or altered facsimiles with the capability of any weapon
thereof:
1. Armscor 30 BG.
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1. Armscor 30 BG.
2. Franchi SPAS-12 and Law-12.
3. Remington TAC-2 and TACB3 FS.
4. SPAS 12 and LAW 12.
5. Striker 12.
6. Streetsweeper.
7. Saiga.
8. USAS-12.
9. Kel-Tec KSG.
d. Any other semiautomatic firearm that satisfies one
of the following:
1. A semiautomatic rifle that has the ability to accept
a detachable magazine and has one or more of the following:
(i) A folding or telescoping stock.
(ii) A pistol grip that protrudes conspicuously beneath
the action of the weapon or any feature functioning as a
protruding grip that can be held by the non-trigger hand or a
thumbhole stock.
(iii) A bayonet mount.
(iv) A flash suppressor or threaded barrel designed to
accommodate a flash suppressor.
(v) A grenade launcher.
(vi) A shroud attached to the barrel that partially or
completely encircles the barrel allowing the bearer to hold
the firearm with the non-trigger hand without being burned,
but excluding a slide that encloses the barrel.
2. A semiautomatic pistol that has the ability to
accept a detachable magazine and has one or more of the
following:
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following:
(i) The capacity to accept an ammunition magazine that
attaches to the pistol at any location outside of the pistol
grip.
(ii) A threaded barrel capable of accepting a barrel
extender, flash suppressor, forward handgrip, or silencer.
(iii) A slide that encloses the barrel and that permits
the shooter to hold the firearm with the non-trigger hand
without being burned.
(iv) A manufactured weight of 50 ounces or more when
the pistol is unloaded.
(v) A semiautomatic version of an automatic firearm.
(vi) Any feature capable of functioning as a protruding
grip that can be held by the non-trigger hand.
(vii) A folding, telescoping, or thumbhole stock.
3. A semiautomatic shotgun that has one or more of the
following:
(i) A folding or telescoping stock.
(ii) A pistol grip that protrudes conspicuously beneath
the action of the weapon.
(iii) A thumbhole stock.
(iv) A fixed magazine capacity in excess of five
rounds.
(v) The ability to accept a detachable magazine.
4. Any semiautomatic pistol or centerfire or rimfire
rifle with a fixed magazine that has the capacity to accept
more than 10 rounds of ammunition.
e. The term does not include antique firearms, any
firearm that has been made permanently inoperable, or any
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firearm that has been made permanently inoperable, or any
firearm that is manually operated by bolt, pump, lever, or
slide action.
(3) FIREARM. Has the same meaning as provided in
Section 13A-8-1, Code of Alabama 1975.
(4) LICENSED GUN DEALER. A person who has a federal
firearm license pursuant to 18 U.S.C. ยง 923.
(5) MAGAZINE. Any ammunition feeding device.
(6) PISTOL. Has the same meaning as provided in Section
13A-11-70, Code of Alabama 1975.
(7) RIFLE. Has the same meaning as provided in Section
13A-11-62, Code of Alabama 1975.
(8) SALE or SELL. The actual approval of the delivery
of a firearm in consideration of payment or promise of
payment.
(9) SHOTGUN. Has the same meaning as provided in
Section 13A-11-62, Code of Alabama 1975.
(10) TRANSFER. The intended delivery of a firearm to a
person without consideration of payment or promise of payment,
including a gift and loan.
Section 2. (a) A person may not knowingly sell or
transfer an assault weapon.
(b)(1) Except as provided in subdivision (2), a
violation of subsection (a) is a Class B felony.
(2) A violation of subsection (a) is a Class A felony
if the assault weapon is sold or transferred to a person under
18 years of age.
(c) This section shall not apply to any of the
following:
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following:
(1) The sale or transfer of an assault weapon to a
licensed gun dealer.
(2) The sale or transfer of an assault weapon to a law
enforcement agency, the Department of Corrections, or the
military or naval forces of this state or of the United States
for use in the discharge of their official duties.
(3) The transfer by bequest or intestate succession of
an assault weapon lawfully possessed pursuant to this act,
provided that if the decedent possessed the assault weapon
pursuant to Section 4(a)(1)a., the devisee or heir shall have
a grace period of 90 days from obtaining possession of the
assault weapon to take at least one of the actions required by
Section 4(a)(1).
Section 3. (a) Beginning June 1, 2026, a person may not
possess an assault weapon.
(b) A violation of subsection (a) is a Class C felony.
(c) This section shall not apply to any of the
following:
(1) A person who possesses an assault weapon if:
a. The person has taken at least one of the actions
required by Section 4(a)(1); and
b. The person is otherwise in compliance with this act
and the applicable requirements for possession of a firearm in
this state.
(2) A member or employee of a law enforcement agency,
the Department of Corrections, or the military or naval forces
of this state or of the United States who possesses an assault
weapon for use in the discharge of his or her official duties.
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weapon for use in the discharge of his or her official duties.
(3) The executor or administrator of an estate that
includes an assault weapon lawfully possessed under this act,
provided that if the decedent possessed the assault weapon
pursuant to Section 4(a)(1)a., the executor or administrator
shall have 90 days after obtaining possession in which to take
at least one of the actions required by Section 4(a)(1)b., c.,
or d., unless the transfer of the assault weapon is permitted
under Section 2(c)(3).
Section 4. (a)(1) Any person who lawfully possessed an
assault weapon prior to June 1, 2025, shall do at least one of
the following on or before June 1, 2026:
a. Register the assault weapon with the Alabama State
Law Enforcement Agency.
b. Render the assault weapon permanently inoperable.
c. Sell the assault weapon to a licensed gun dealer.
d. Remove the assault weapon from this state.
(2) A member of the military or naval forces of this
state or of the United States who is unable to comply with
subdivision (1) on or before June 1, 2026 because he or she is
or was on official duty outside of this state shall comply
with subdivision (1) within 90 days of returning to the state.
(b)(1) The registration of an assault weapon pursuant
to paragraph (a)(1)a. shall include all of the following
information:
a. A description of the assault weapon that identifies
it uniquely, including all identification marks.
b. The full name, address, date of birth, and
fingerprints of the owner, if applicable.
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fingerprints of the owner, if applicable.
c. Any other information the Alabama State Law
Enforcement Agency deems appropriate.
(2) The Alabama State Law Enforcement Agency shall
conduct a fingerprint-based state and national criminal
background check of each person registering an assault weapon.
(3) The agency may charge a fee not to exceed fifty
dollars ($50) for the registration of an assault weapon.
(4) The agency shall adopt rules no later than November
1, 2026, to establish procedures for registering an assault
weapon pursuant to this section.
(c) Any person who moves into this state in lawful
possession of an assault weapon shall take at least one of the
actions required by subsection (a) within 90 days of
establishing residency in this state.
Section 5. (a) A person who has registered an assault
weapon pursuant to Section 4(a)(1)a. may only possess it under
the following conditions:
(1) At his or her residence, place of business, or
other property owned by him or her, or on property owned by
another person with the owner's express permission.
(2) On the premises of a target range of a public or
private club or organization that holds a regulatory or
business license for the purpose of practicing shooting at
targets.
(3) On the premises of a licensed shooting club.
(4) While attending any exhibition, display, or
educational project that is about firearms and which is
sponsored by, conducted under the auspices of, or approved by
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sponsored by, conducted under the auspices of, or approved by
a law enforcement agency or a nationally or state recognized
entity that fosters proficiency in, or promotes education
about, firearms.
(5) While transporting the assault weapon between any
of the places mentioned in this subsection or to any licensed
gun dealer for servicing or repair, provided the assault
weapon is transported pursuant to subsection (b)(2).
(b)(1) A person may not carry a loaded assault weapon
concealed from public view.
(2) A person may not have a loaded or unload assault
weapon in any motor vehicle unless the weapon is kept in the
trunk of the vehicle, or in a case or other container, and is
inaccessible to the operator of or any passenger in the
vehicle.
(c) A violation of this section is a Class C felony.
Section 6. (a)(1) A licensed gun dealer that receives
an assault weapon from a person pursuant to this act, at the
time of delivery of the weapon, shall execute a certificate of
transfer and mail or deliver the certificate to the Alabama
State Law Enforcement Agency.
(2) The certificate of transfer shall be established by
the Alabama State Law Enforcement Agency, provided on the
agency's website, and contain all of the following:
a. The date of sale or transfer.
b. The name and address of the seller or transferor and
his or her Social Security number or driver license number.
c. The licensed gun dealer's name and federal firearms
license number.
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license number.
d. A description of the assault weapon, including the
make, model, serial number, and caliber of the assault weapon.
e. Any other information that the Alabama State Law
Enforcement Agency may prescribe.
(b) A licensed gun dealer shall, upon request, present
his or her driver license or Social Security card and federal
firearms license to a seller or transferor for inspection at
the time of purchase or transfer from a person.
(c) The Alabama State Law Enforcement Agency shall
maintain a database of all certificates of transfer and make
it available for law enforcement purposes.
Section 7. Nothing in this act shall be construed to
prohibit any person engaged in the business of manufacturing
assault weapons in this state from manufacturing,
transporting, or selling assault weapons in accordance with
this act.
Section 8. This act shall become effective on June 1,
2025.
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