Alabama Senate Bill SB170

Alabama 2025 Regular Session

• Introduced: 2/13/25
• Refer: 2/13/25

Caption

Firearms, Gun Violence Protective Order Act, procedure for issuance of gun violence protective order, established

Impact

The bill seeks to bolster public safety by providing a legal mechanism for preemptively addressing the risk posed by individuals who may engage in violent behavior. The orders are modeled after existing domestic violence protective laws and are intended to interact with current federal and state firearm laws. This act creates a pathway for police and family members to act swiftly when they believe someone poses a danger to themselves or others by restricting their access to firearms and ammunition.

Summary

SB170 establishes the Gun Violence Protective Order Act, aimed at reducing gun violence by allowing courts to issue gun violence protective orders. These orders can be initiated through petitions from law enforcement, family members, or teachers when there is evidence that an individual poses an immediate threat to themselves or others. The legislation allows for both ex parte (temporary) orders and one-year protective orders, during which individuals identified as potential threats must surrender their firearms and ammunition to law enforcement.

Contention

There are points of contention surrounding the bill, particularly regarding the balance between public safety and individual rights. Critics may argue that the process for obtaining a protective order could potentially infringe on constitutional rights related to gun ownership. Additionally, questions arise regarding the potential for misuse of the petitions, where individuals could petition for protective orders without a legitimate basis, thereby harassing the respondent. The bill does address these concerns by establishing clear legal standards and penalties for filing false petitions.