A Birmingham Democrat, Senator State Sen. Merika Coleman, has filed a bill in the Alabama Senate to potentially take away guns from certain individuals in Alabama. The Bill, Senate Bill 170, if passed would establish a “Gun Violence Protection Order Act. She claims the bill would limit firearms deaths in Alabama.
The bill would allow guns to be banned for people who would be subject to ex parte gun violence protective orders and one-year gun violence protective orders if it finds that the respondent poses an immediate and present danger of causing personal injury to self or others, according to its text.
This could happen if courts found a person a danger in their opinion and issued “an order issued by a court…that prohibits the respondent from owning, purchasing, controlling, possessing, or receiving firearms or ammunition until a court-scheduled hearing for a one-year gun violence protective order.” The bill would put the initial burden on Law Enforcement Officers using their judgement before bringing the issue to a court. This bill would provide
“that upon the issuance of an ex parte or one-year gun violence protective order, the court shall order the respondent to surrender to the local law enforcement agency all
firearms and ammunition of which the respondent has
custody, control, ownership, or possession.
This bill would provide for the renewal or early
termination of a one-year gun violence protective order
under certain conditions.
This bill would provide criminal penalties for a
violation”
“The Legislature intends for these court orders to be limited to situations in which the individual poses a significant danger of causing personal injury to self or others by owning, purchasing, controlling, possessing, or receiving a firearm or ammunition.”
The bill would require the officer who initiates and confiscates an individuals weapons to inventory and issue a receipt for the personal belongings. The bill goes on to state the if officers had reason to believe their were fire arms or ammunition not turned over, a warrant could be issued to confiscate those as well. It is almost certain the bill will receive push back based on 2nd Amendment and Due Process grounds. You can read the bill in its entirety here:
Another gun law, that will most likely be much more popular with Alabamians and a Republican controlled Senate and House is HB277, introduced in the House by Representative Ernie Yarbrough. The “2nd Amendment Tax Holiday” Act would make firearms, ammo, and hunting supplies tax exempt from Memorial Day until the Fourth of July. This would be an optional bill for sellers of such goods. They could choose to participate or not.
The majority of Alabamians cherish their Second Amendment rights, and creating the holiday between the two major holidays where Americans honor those who have died in service to our country and where the foundation of our county was established will “promote a spirit of patriotism,” Yarbrough said.
Mississippi and Louisiana both have similar tax holidays in place. Florida Gov Desantis has promoted such an Act for the state of Florida as well.
