HB23INTRODUCED
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HB23
4YQ8RRR-1
By Representative Hassell
RFD: Judiciary
First Read: 04-Feb-25
PFD: 08-Jul-24
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6 4YQ8RRR-1 07/01/2024 ZAK (L)ZAK 2024-1949
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PFD: 08-Jul-24
SYNOPSIS:
Under existing law, a person may be issued a
permit to carry certain firearms.
This bill would require a person to have a
permit to legally carry an assault weapon in a vehicle
or on his or her person.
This bill would require a person to have a
permit to purchase or otherwise acquire an assault
weapon.
This bill would provide exceptions for certain
entities and circumstances from these requirements.
This bill would also provide a criminal penalty
for a violation.
A BILL
TO BE ENTITLED
AN ACT
Relating to firearms; to require a permit to carry an
assault weapon in a vehicle or on one's person; to require a
permit to purchase or acquire an assault weapon; to provide
certain exceptions; and to provide criminal penalties for
violations.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For the purposes of this section, 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
or before 1898, including any matchlock, flintlock, percussion
cap, or similar type of ignition system. The term includes 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. A weapon that is:
1. A semiautomatic rifle that has the capacity to
accept a detachable magazine and has one or more of the
following:
(i) A pistol grip that protrudes conspicuously beneath
the action of the weapon.
(ii) A thumbhole stock.
(iii) A folding or telescoping stock.
(iv) A second handgrip or a protruding grip that can be
held by the nontrigger hand.
(v) A flash suppressor, muzzle break, muzzle
compensator, or threaded barrel designed to accommodate a
flash suppressor, muzzle break, or muzzle compensator.
(vi) A grenade launcher or flare launcher.
2. A semiautomatic pistol that has the capacity to
accept a detachable magazine and has one or more of the
following:
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following:
(i) Any feature capable of functioning as a protruding
grip that can be held by the nontrigger hand.
(ii) A threaded barrel capable of accepting a flash
suppressor, forward handgrip, or silencer.
(iii) A shroud attached to the barrel, or that
partially or completely encircles the barrel, allowing the
bearer to hold the firearm with the nontrigger hand without
being burned, but excluding a slide that encloses the barrel.
(iv) The capacity to accept a detachable magazine at
any location outside of the pistol grip.
3. A semiautomatic pistol or a semiautomatic centerfire
or rimfire rifle with a fixed magazine that has the capacity
to accept more than 10 rounds of ammunition.
4. A semiautomatic centerfire or rimfire rifle that has
an overall length of less than 30 inches.
5. A semiautomatic shotgun that has all of the
following:
(i) A pistol grip that protrudes conspicuously beneath
the action of the weapon, thumbhole stock, or vertical
handgrip.
(ii) A folding or telescoping stock.
(iii) The ability to accept a detachable magazine.
6. A shotgun with a revolving cylinder.
7. A conversion kit, part, or combination of parts from
which a weapon described in this paragraph may be assembled if
those parts are in the possession or under the control of the
same person.
b. The term does not include an antique firearm, any
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b. The term does not include an antique firearm, any
firearm that has been made permanently inoperable, or any
firearm that is manually operated by bolt, pump, lever, or
slide action.
(3) CAPACITY TO ACCEPT MORE THAN 10 ROUNDS. Capable of
accommodating more than 10 rounds of ammunition. The term does
not include a feeding device that has been permanently altered
so that it cannot accommodate more than 10 rounds of
ammunition.
(4) FIREARM. Has the same meaning as provided in
Section 13A-8-1, Code of Alabama 1975.
(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) SHOTGUN. Has the same meaning as provided in
Section 13A-11-62, Code of Alabama 1975.
(b)(1) No person shall knowingly carry an assault
weapon in a vehicle or on his or her person unless he or she
possesses a valid assault weapon permit issued in accordance
with this section.
(2) No person shall purchase or otherwise acquire an
assault weapon unless he or she possesses a valid assault
weapon permit issued in accordance with this section
(c) A person who acquires an assault weapon by means of
bequest or intestate succession shall have a grace period of
90 days from the date of acquisition to apply for an assault
weapon permit.
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weapon permit.
(d) A person may apply to the sheriff of the county in
which he or she resides for the issuance or renewal of an
assault weapon permit. An assault weapon permit shall be
issued or renewed at the discretion of the sheriff according
to the procedures for issuing and renewing a concealed carry
permit as provided in Section 13A-11-75, Code of Alabama 1975.
The fee for an assault weapon permit, and the distribution of
funds collected therefrom, shall be as provided for a
concealed carry permit in Section 13A-11-75, Code of Alabama
1975.
(e) A violation of subsection (b) is a Class C felony.
(f) This section shall not apply to any of the
following:
(1) A federal, state, or local law enforcement officer
or member of the military or naval forces of this state or of
the United States while acting in an official capacity.
(2) A person who possesses a federal firearm license
pursuant to 18 U.S.C ยง 923.
(3) A person that is on land under his or her control,
in his or her place of residence, or in his or her fixed place
of business.
Section 2. This act shall become effective on October
1, 2025.
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