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Alabama Senate Bill SB170

Alabama 2025 Regular Session

Alabama Senate Bill SB170 Compare Versions

Only one version of the bill is available at this time.
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11 SB170INTRODUCED
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33 SB170
44 MCTKHH1-1
55 By Senators Coleman, Hatcher, Coleman-Madison, Smitherman,
66 Figures, Singleton, Stewart
77 RFD: Judiciary
88 First Read: 13-Feb-25
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1414 6 MCTKHH1-1 12/31/2024 CMH (L)CMH 2024-3283
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1616 First Read: 13-Feb-25
1717 SYNOPSIS:
1818 This bill would establish the Gun Violence
1919 Protective Order Act.
2020 This bill would authorize courts to issue ex
2121 parte gun violence protective orders and one-year gun
2222 violence protective orders, which may be authorized if
2323 the court finds that the respondent, as defined, poses
2424 an immediate and present danger of causing personal
2525 injury to self or others.
2626 This bill would provide that upon the issuance
2727 of an ex parte or one-year gun violence protective
2828 order, the court shall order the respondent to
2929 surrender to the local law enforcement agency all
3030 firearms and ammunition of which the respondent has
3131 custody, control, ownership, or possession.
3232 This bill would provide for the renewal or early
3333 termination of a one-year gun violence protective order
3434 under certain conditions.
3535 This bill would provide criminal penalties for a
3636 violation.
3737 A BILL
3838 TO BE ENTITLED
3939 AN ACT
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6969 AN ACT
7070 Relating to firearms; to establish the Gun Violence
7171 Protective Order Act; to provide for the issuance of ex parte
7272 gun violence protective orders and one-year gun violence
7373 protective orders; to require the surrender of all firearms
7474 and ammunition of a person subject to an ex parte gun violence
7575 protective order or one-year gun violence protective order; to
7676 provide for the renewal or early termination of an order; and
7777 to provide criminal penalties for a violation.
7878 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
7979 Section 1. This act shall be known and may be cited as
8080 the Gun Violence Protective Order Act.
8181 Section 2. The Legislature finds and declares the
8282 following:
8383 (1) Over 100,000 people become victims of a gunshot
8484 wound each year and more than 30,000 of those victims lose
8585 their lives.
8686 (2) Federal law prohibits any individual subject to
8787 certain domestic violence restraining orders from purchasing
8888 or possessing firearms. Many states have similar laws. About
8989 half of the states also authorize or require a court that is
9090 issuing a domestic violence protective order to require the
9191 abuser to surrender firearms that he or she may already have
9292 in his or her possession. This act is modeled on existing
9393 domestic violence laws that have firearms surrender
9494 provisions.
9595 (3) Studies have shown that an individual who engages
9696 in certain dangerous behaviors is significantly more likely to
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126126 in certain dangerous behaviors is significantly more likely to
127127 commit an act of violence toward himself or herself or others
128128 in the near future. These behaviors, which might include other
129129 acts or threats of violence, self-harm, or the abuse of drugs
130130 or alcohol, serve as warning signs that the individual might
131131 soon commit an act of violence.
132132 (4) Under federal law, an individual suffering from
133133 mental illness is not prohibited from purchasing or possessing
134134 a firearm unless he or she has been involuntarily committed to
135135 a mental institution, found not guilty of a crime by reason of
136136 insanity, or undergone some other formalized court proceeding
137137 regarding his or her mental illness. Similarly, an individual
138138 who has committed a violent act toward another is not
139139 prohibited from possessing a firearm under federal law until
140140 after he or she has been convicted of a felony or domestic
141141 violence misdemeanor.
142142 (5) It is the purpose and intent of the Legislature to
143143 reduce firearm deaths and injuries by providing a formal court
144144 procedure that law enforcement officers, teachers, and family
145145 members may use to obtain a court order that prevents an
146146 individual who poses a significant danger of causing personal
147147 injury to self or others from gaining access to firearms and
148148 ammunition. The Legislature intends for these court orders to
149149 be limited to situations in which the individual poses a
150150 significant danger of causing personal injury to self or
151151 others by owning, purchasing, controlling, possessing, or
152152 receiving a firearm or ammunition.
153153 Section 3. The following terms have the following
154154 meanings:
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184184 meanings:
185185 (1) EX PARTE GUN VIOLENCE PROTECTIVE ORDER. An order
186186 issued by a court, pursuant to Section 5, that prohibits the
187187 respondent from owning, purchasing, controlling, possessing,
188188 or receiving firearms or ammunition until a court-scheduled
189189 hearing for a one-year gun violence protective order.
190190 (2) FAMILY MEMBER. An individual related by blood,
191191 marriage, or adoption to the respondent, current or former
192192 dating partner of the respondent, and any individual who
193193 resides or has resided with the respondent, or who is acting
194194 or has acted as the respondent's legal guardian.
195195 (3) FIREARM. A weapon from which a shot is discharged
196196 by gun powder.
197197 (4) ONE-YEAR GUN VIOLENCE PROTECTIVE ORDER. An order
198198 issued by a court, pursuant to Section 6, prohibiting the
199199 respondent from owning, purchasing, controlling, possessing,
200200 or receiving guns or ammunition for a period of one year.
201201 (5) PETITIONER. A law enforcement officer, teacher, or
202202 family member of the respondent who files a petition pursuant
203203 to Section 4.
204204 (6) RESPONDENT. The individual identified in the
205205 petition filed under Section 4, Section 5, or Section 6.
206206 (7) TEACHER. A teacher, school administrator, school
207207 counselor, college professor, student teacher, safety or
208208 resource officer, or coach of the respondent.
209209 Section 4. (a) A petitioner may seek a gun violence
210210 protective order by filing a verified petition on a form
211211 approved by the Administrative Office of Courts in the court
212212 of the county where the respondent resides.
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242242 of the county where the respondent resides.
243243 (b) The petition shall set forth the grounds for the
244244 issuance of the order and shall describe the number, types,
245245 and locations of any firearms or ammunition presently believed
246246 by the petitioner to be possessed or controlled by the
247247 respondent. The petition shall also state whether there is an
248248 existing domestic violence protective order in effect
249249 governing the respondent and whether there is any pending
250250 lawsuit, complaint, petition, or other action between the
251251 parties under the laws of this state. The court administrator
252252 shall verify the terms of any existing order governing the
253253 parties. The court may not delay granting relief because of
254254 the existence of a pending action between the parties or the
255255 necessity of verifying the terms of an existing order. A
256256 petition for a gun violence protective order may be granted
257257 whether or not there is a pending action between the parties.
258258 (c) If the respondent is alleged to pose an immediate
259259 and present danger of causing personal injury to a family
260260 member, or a family member is alleged to have been the target
261261 of a threat or act of violence by the respondent, the
262262 petitioner shall make a good faith effort to provide notice to
263263 any and all adult family members of the respondent. The notice
264264 must state that the petitioner intends to petition the court
265265 for a gun violence protective order, and, if the petitioner is
266266 a law enforcement officer, must also include a referral to
267267 relevant domestic violence or stalking advocacy or counseling
268268 resources, if appropriate. The petitioner shall attest to
269269 having provided the notice in the verified petition. If the
270270 petitioner is unable to provide notice to any or all adult
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300300 petitioner is unable to provide notice to any or all adult
301301 family members of the respondent, the verified petition shall
302302 describe what good faith efforts were made.
303303 (d) All health records and other health information
304304 provided in a petition or considered as evidence in a
305305 proceeding under this act shall be protected from public
306306 disclosure to the extent the information identifies a
307307 respondent or petitioner, except that the information may be
308308 provided to law enforcement agencies as set forth in Section
309309 10. Aggregate statistical data about the numbers of gun
310310 violence protective orders issued, renewed, denied, dissolved,
311311 or terminated shall be available to the public upon request.
312312 (e) Upon receipt of the petition, the court shall set a
313313 date for a hearing within 14 calendar days, regardless of
314314 whether the court issues an ex parte gun violence protective
315315 order. If the court issues an ex parte gun violence protective
316316 order, notice of the hearing shall be served on the respondent
317317 with the ex parte order. Notice of the hearing shall be
318318 personally served on the respondent by a law enforcement
319319 officer.
320320 (f) The Administrative Office of Courts shall prescribe
321321 the form of the petitions, orders, and any other documents and
322322 shall adopt any rules of court necessary for the
323323 implementation of this act.
324324 Section 5. (a) A petitioner may request that an ex
325325 parte order be issued prior to a hearing for a one-year gun
326326 violence protective order, without notice to the respondent,
327327 by including in the petition detailed allegations based on
328328 personal knowledge that the respondent poses an immediate and
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358358 personal knowledge that the respondent poses an immediate and
359359 present danger of causing personal injury to self or others
360360 through his or her ownership, purchase, control, possession,
361361 or receipt of a firearm or ammunition.
362362 (b) The court shall issue or deny an ex parte gun
363363 violence protective order on the same day that the petition is
364364 submitted to the court, unless the petition is filed too late
365365 in the day to allow for its effective review, in which case
366366 the order shall be issued or denied on the next business day.
367367 (c) Before issuing an ex parte gun violence protective
368368 order, the court shall examine under oath the petitioner and
369369 any witnesses the petitioner may produce. The court may also
370370 do the following:
371371 (1) Ensure that a reasonable search has been conducted
372372 of all available records to determine whether the respondent
373373 owns any firearms or ammunition.
374374 (2) Ensure that a reasonable search has been conducted
375375 for criminal history records related to the respondent.
376376 (d) In determining whether grounds for an ex parte gun
377377 violence protective order exists, the court shall consider all
378378 relevant evidence presented by the petitioner, and may also
379379 consider other relevant evidence, including, but not limited
380380 to, evidence of the occurrence of any of the following events
381381 by the respondent:
382382 (1) Unlawful, reckless, or negligent use, display,
383383 storage, possession, or brandishing of a firearm.
384384 (2) Act or threat of violence against self or another,
385385 whether or not the violence involved a firearm.
386386 (3) Violation of a protective order issued under
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416416 (3) Violation of a protective order issued under
417417 Chapter 5 or Chapter 5B of Title 30 of the Code of Alabama
418418 1975, or a similar law in another state.
419419 (4) Abuse of controlled substances or alcohol or any
420420 criminal offense that involves controlled substances or
421421 alcohol.
422422 (5) The recent acquisition of firearms, ammunition, or
423423 other deadly weapons.
424424 (e) The court shall also consider the time that has
425425 elapsed since the occurrence of any event described in
426426 subsection (d).
427427 (f) If a court finds reasonable cause to believe that
428428 the respondent poses an immediate and present danger of
429429 causing personal injury to self or others by owning,
430430 purchasing, controlling, possessing, or receiving a firearm or
431431 ammunition, the court shall issue an ex parte gun violence
432432 protective order.
433433 (g) An ex parte gun violence protective order shall
434434 include all of the following:
435435 (1) A statement that the respondent may not own,
436436 purchase, control, possess, or receive, or attempt to purchase
437437 or receive, a firearm or ammunition while the order is in
438438 effect.
439439 (2) A description of the requirements for
440440 relinquishment of firearms and ammunition under Section 8.
441441 (3) A statement of the grounds asserted for the order.
442442 (4) A notice of the hearing under Section 4(e) to
443443 determine whether to issue a one-year gun violence protective
444444 order, including the address of the court and the date and
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474474 order, including the address of the court and the date and
475475 time for when the hearing is scheduled.
476476 (5) A statement that the court may extend the order by
477477 one year at the hearing.
478478 (6) A statement that the respondent may seek the advice
479479 of an attorney as to any matter connected with the order, and
480480 that the attorney should be consulted promptly so that the
481481 attorney may assist the individual in any matter connected
482482 with the order.
483483 (h) An ex parte gun violence protective order shall be
484484 personally served on the respondent by a law enforcement
485485 officer.
486486 (i) In accordance with Section 4(e), the court shall
487487 schedule a hearing within 14 calendar days of the issuance of
488488 an ex parte gun violence protective order to determine if a
489489 one-year gun violence protective order shall be issued;
490490 provided, however, that a respondent may seek an extension of
491491 time before the hearing. The court shall dissolve any ex parte
492492 gun violence protective order in effect against the respondent
493493 when the court holds the hearing.
494494 Section 6. (a) A petitioner requesting a one-year gun
495495 violence protective order shall include in the petition
496496 detailed allegations based on personal knowledge that the
497497 respondent poses a substantial danger of causing personal
498498 injury to self or others through his or her ownership,
499499 purchase, control, possession, or receipt of a firearm or
500500 ammunition.
501501 (b) Prior to a hearing for a one-year gun violence
502502 protective order, the court shall do both of the following:
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532532 protective order, the court shall do both of the following:
533533 (1) Ensure that a reasonable search has been conducted
534534 of all available records to determine whether the respondent
535535 owns any firearms or ammunition.
536536 (2) Ensure that a reasonable search has been conducted
537537 for criminal history records related to the respondent.
538538 (c) In determining whether to issue a one-year gun
539539 violence protective order under this section, the court shall
540540 consider all relevant evidence presented by the petitioner and
541541 may also consider other relevant evidence, including, but not
542542 limited to, evidence of events identified in subsection (d) of
543543 Section 5.
544544 (d) If the court finds by a preponderance of the
545545 evidence at the hearing that the respondent poses a
546546 substantial danger of personal injury to self or others
547547 through his or her ownership, purchase, control, possession,
548548 or receipt of a firearm or ammunition, the court shall issue a
549549 one-year gun violence protective order.
550550 (e) A one-year gun violence protective order issued
551551 under this section shall include all of the following:
552552 (1) A statement that the respondent may not own,
553553 possess, control, purchase, or receive, or attempt to purchase
554554 or receive, a firearm or ammunition while the order is in
555555 effect.
556556 (2) A description of the requirements for
557557 relinquishment of firearms and ammunition under Section 8.
558558 (3) A statement of the grounds supporting the issuance
559559 of the order.
560560 (4) The date and time the order expires.
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590590 (4) The date and time the order expires.
591591 (5) The address of the court that issued the order.
592592 (6) A statement that the respondent shall have the
593593 right to request one hearing to terminate the order at any
594594 time during its effective period.
595595 (7) A statement that the respondent may seek the advice
596596 of an attorney as to any matter connected with the order.
597597 (f) If the respondent fails to appear at the hearing
598598 and the court determines that a one-year gun violence
599599 protective order shall be issued, the order shall be
600600 personally served on the respondent by a law enforcement
601601 officer.
602602 Section 7. (a) A respondent subject to a one-year gun
603603 violence protective order may submit one written request at
604604 any time during the effective period of the order for a
605605 hearing to terminate the order.
606606 (1) Upon receipt of the request for termination, the
607607 court shall set a date for a hearing. Notice of the request
608608 shall be served on the petitioner in accordance with the
609609 Alabama Rules of Civil Procedure. The hearing shall occur no
610610 sooner than 14 calendar days from the date of service of the
611611 request upon the petitioner.
612612 (2) The respondent seeking termination of the order
613613 shall have the burden of proving by a preponderance of the
614614 evidence that the respondent does not pose a substantial
615615 danger of causing personal injury to self or others through
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617617 receipt of a firearm or ammunition.
618618 (3) If the court finds that the respondent has met his
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648648 (3) If the court finds that the respondent has met his
649649 or her burden, the court shall terminate the order.
650650 (b) A petitioner may request a renewal of a one-year
651651 gun violence protective order at any time within the three
652652 months before the expiration of the order.
653653 (1) A court, after notice and a hearing, may renew the
654654 one-year gun violence protective order if the court, by a
655655 preponderance of the evidence, finds that the respondent
656656 continues to pose a substantial danger of causing personal
657657 injury to self or another through his or her ownership,
658658 purchase, control, possession, or receipt of a firearm or
659659 ammunition.
660660 (2) In determining whether to renew a one-year gun
661661 violence protective order, the court shall consider all
662662 relevant evidence presented by the petitioner, and may also
663663 consider other relevant evidence, including, but not limited
664664 to, evidence of the events identified in Section 5(d).
665665 (3) A one-year gun violence protective order renewed
666666 under this subsection shall expire after one year, subject to
667667 termination by further order of the court at a hearing held
668668 under subsection (a) and further renewal by order of the court
669669 under this subsection.
670670 Section 8. (a) Upon issuance of an ex parte or one-year
671671 gun violence protective order, the court shall order the
672672 respondent to surrender to the local law enforcement agency
673673 all firearms and ammunition of which the respondent has
674674 custody, control, or ownership.
675675 (b) A law enforcement officer serving a gun violence
676676 protective order shall request that all firearms and
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706706 protective order shall request that all firearms and
707707 ammunition belonging to or in the custody or control of the
708708 respondent be immediately surrendered and shall take
709709 possession of the firearms and ammunition that are
710710 surrendered. A law enforcement officer serving a gun violence
711711 protective order may conduct a lawful search for firearms and
712712 ammunition.
713713 (c) At the time of surrender or removal, a law
714714 enforcement officer taking possession of a firearm or
715715 ammunition pursuant to a gun violence protective order shall
716716 issue a receipt identifying all firearms and ammunition that
717717 have been surrendered or removed and provide a copy of the
718718 receipt to the respondent. Within 72 hours after serving the
719719 order, the officer who served the order shall file the
720720 original receipt with the court that issued the gun violence
721721 protective order, and shall ensure that the law enforcement
722722 agency retains a copy of the receipt.
723723 (d) If a petitioner has probable cause to believe a
724724 respondent to a gun violence protective order owns, controls,
725725 or possesses a firearm or ammunition that the respondent has
726726 failed to surrender pursuant to this section, or has received
727727 or purchased a firearm or ammunition while subject to the
728728 order, the petitioner may petition the court to issue a
729729 warrant. The petition shall describe the firearm or ammunition
730730 and where the firearm or ammunition is reasonably believed to
731731 be located. The court may issue the warrant upon a finding of
732732 probable cause.
733733 (e) A law enforcement agency may charge the respondent
734734 a fee not to exceed the reasonable and actual costs incurred
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764764 a fee not to exceed the reasonable and actual costs incurred
765765 by the law enforcement agency for storing a firearm or
766766 ammunition surrendered pursuant to this section for the
767767 duration of the gun violence protective order and any
768768 additional periods necessary under Section 7.
769769 Section 9. (a) As used in this section, dispose means
770770 to sell or transfer a firearm or ammunition to a federally
771771 licensed dealer, defined under 18 U.S.C. ยง 921 et seq., or to
772772 destroy the firearm or ammunition.
773773 (b) Thirty days before a one-year gun violence
774774 protective order is set to expire, a law enforcement agency
775775 holding a firearm or ammunition that has been surrendered
776776 pursuant to the order shall notify the petitioner that the
777777 order is set to expire. The notice shall advise the petitioner
778778 of the procedures for seeking a renewal of the order pursuant
779779 to Section 7.
780780 (c) If a gun violence protective order is terminated or
781781 expires and is not renewed, a law enforcement agency holding
782782 any firearm or ammunition that has been surrendered pursuant
783783 to Section 8 shall notify the respondent that he or she may
784784 request the return of the firearm or ammunition. The law
785785 enforcement agency shall return any surrendered firearms or
786786 ammunition requested by a respondent only after confirming,
787787 through a background check, that the respondent is currently
788788 eligible to own or possess firearms and ammunition.
789789 (d) A respondent who has surrendered a firearm or
790790 ammunition to a law enforcement agency pursuant to Section 8
791791 and who does not wish to have the firearm or ammunition
792792 returned or who is no longer eligible to own or possess a
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822822 returned or who is no longer eligible to own or possess a
823823 firearm or ammunition may sell or transfer title of the
824824 firearm or ammunition to a licensed firearms dealer. The law
825825 enforcement agency shall transfer possession of the firearm or
826826 ammunition to a licensed firearms dealer only after the dealer
827827 has displayed written proof of transfer of the firearm or
828828 ammunition from the respondent to the dealer and the law
829829 enforcement agency has verified the transfer.
830830 (e) If an individual other than the respondent claims
831831 title to a firearm or ammunition surrendered pursuant to
832832 Section 8, and the individual is determined by the law
833833 enforcement agency to be the lawful owner of the firearm or
834834 ammunition, the gun or ammunition shall be returned to him or
835835 her.
836836 (f) A law enforcement agency holding a firearm or
837837 ammunition that was surrendered by a respondent pursuant to
838838 Section 8 may dispose of the firearm or ammunition only after
839839 six months from the date of proper notice to the respondent of
840840 the intent to dispose of the firearm or ammunition, unless the
841841 firearm or ammunition has been claimed by the lawful owner. If
842842 the firearm or ammunition remains unclaimed after six months
843843 from the date of notice, then no party shall have the right to
844844 assert ownership of the firearm or ammunition and the law
845845 enforcement agency may dispose of the firearm or ammunition.
846846 Section 10. (a) The court shall notify the Alabama
847847 State Law Enforcement Agency (ALEA) no later than one business
848848 day after issuing, renewing, dissolving, or terminating an ex
849849 parte or one-year gun violence protective order under this
850850 act.
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880880 act.
881881 (b) The information required to be submitted to ALEA
882882 pursuant to this section shall include identifying information
883883 about the respondent and the date the order was issued,
884884 renewed, dissolved, or terminated. In the case of a one-year
885885 order, the court shall include the date the order is set to
886886 expire. The court shall also indicate whether the respondent
887887 to the one-year gun violence protective order was present in
888888 court to be advised of the contents of the order or if the
889889 respondent failed to appear. The respondent's presence in
890890 court shall constitute proof of service of notice of the terms
891891 of the order.
892892 (c) Within one business day of service, a law
893893 enforcement officer who serves a gun violence protective order
894894 or the clerk of the court shall submit the proof of service
895895 and a copy of the protection order to ALEA for entry into the
896896 appropriate database.
897897 (d) The information to be submitted to ALEA under this
898898 section shall be submitted in an electronic format, in a
899899 manner prescribed by ALEA. ALEA shall maintain a searchable
900900 database of this information, available to law enforcement
901901 agencies upon request.
902902 (e) Within 30 days of submission of the information
903903 under subsection (d), ALEA shall make information about an ex
904904 parte or one-year gun violence protective order issued,
905905 renewed, or terminated pursuant to this act available to the
906906 National Instant Criminal Background Check System for the
907907 purposes of firearm purchaser background checks.
908908 Section 11. (a) A person who files a petition for a gun
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938938 Section 11. (a) A person who files a petition for a gun
939939 violence protective order, knowing the information in the
940940 petition to be materially false or with an intent to harass
941941 the respondent, is guilty of a Class C misdemeanor.
942942 (b) A person who owns, purchases, controls, possesses,
943943 or receives a firearm or ammunition with knowledge that he or
944944 she is prohibited from doing so by a gun violence protective
945945 order is guilty of a Class C misdemeanor and shall be
946946 prohibited from owning, purchasing, controlling, possessing,
947947 or receiving, or attempting to purchase or receive, a firearm
948948 or ammunition for a period of five years from the date of
949949 conviction.
950950 Section 12. This act shall not affect the ability of a
951951 law enforcement officer to remove firearms or ammunition from
952952 any individual pursuant to other lawful authority.
953953 Section 13. This act shall not be construed to impose
954954 criminal or civil liability on any individual who chooses not
955955 to seek a gun violence protective order pursuant to this act.
956956 Section 14. This act shall become effective on October
957957 1, 2025.
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