Professional Documents
Culture Documents
SB126-Int Red Flag Bill
SB126-Int Red Flag Bill
1 8T6M2H-1
2 By Senator Coleman
3 RFD: Judiciary
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8T6M2H-1 03/21/2023 CMH (F)CMH 2023-972
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4 SYNOPSIS:
5 This bill would establish the Gun Violence
6 Protective Order Act.
7 This bill would authorize courts to issue ex
8 parte gun violence protective orders and one-year gun
9 violence protective orders, which may be authorized if
10 the court finds that the respondent, as defined, poses
11 an immediate and present danger of causing personal
12 injury to self or others.
13 This bill would provide that upon the issuance
14 of an ex parte or one-year gun violence protective
15 order, the court shall order the respondent to
16 surrender to the local law enforcement agency all
17 firearms and ammunition of which the respondent has
18 custody, control, ownership, or possession.
19 This bill would provide for the renewal or early
20 termination of a one-year gun violence protective order
21 under certain conditions.
22 This bill would provide criminal penalties for a
23 violation.
24 Section 111.05 of the Constitution of Alabama of
25 2022, prohibits a general law whose purpose or effect
26 would be to require a new or increased expenditure of
27 local funds from becoming effective with regard to a
28 local governmental entity without enactment by a 2/3
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43 A BILL
44 TO BE ENTITLED
45 AN ACT
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197 the order shall be issued or denied on the next business day.
198 (c) Before issuing an ex parte gun violence protective
199 order, the court shall examine under oath the petitioner and
200 any witnesses the petitioner may produce. The court may also
201 do the following:
202 (1) Ensure that a reasonable search has been conducted
203 of all available records to determine whether the respondent
204 owns any firearms or ammunition.
205 (2) Ensure that a reasonable search has been conducted
206 for criminal history records related to the respondent.
207 (d) In determining whether grounds for an ex parte gun
208 violence protective order exists, the court shall consider all
209 relevant evidence presented by the petitioner, and may also
210 consider other relevant evidence, including, but not limited
211 to, evidence of the occurrence of any of the following events
212 by the respondent:
213 (1) Unlawful, reckless, or negligent use, display,
214 storage, possession, or brandishing of a firearm.
215 (2) Act or threat of violence against self or another,
216 whether or not the violence involved a firearm.
217 (3) Violation of a protective order issued under
218 Chapter 5 or Chapter 5B of Title 30 of the Code of Alabama
219 1975, or a similar law in another state.
220 (4) Abuse of controlled substances or alcohol or any
221 criminal offense that involves controlled substances or
222 alcohol.
223 (5) The recent acquisition of firearms, ammunition, or
224 other deadly weapons.
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225 (e) The court shall also consider the time that has
226 elapsed since the occurrence of any event described in
227 subsection (d).
228 (f) If a court finds reasonable cause to believe that
229 the respondent poses an immediate and present danger of
230 causing personal injury to self or others by owning,
231 purchasing, controlling, possessing, or receiving a firearm or
232 ammunition, the court shall issue an ex parte gun violence
233 protective order.
234 (g) An ex parte gun violence protective order shall
235 include all of the following:
236 (1) A statement that the respondent may not own,
237 purchase, control, possess, or receive, or attempt to purchase
238 or receive, a firearm or ammunition while the order is in
239 effect.
240 (2) A description of the requirements for
241 relinquishment of firearms and ammunition under Section 8.
242 (3) A statement of the grounds asserted for the order.
243 (4) A notice of the hearing under subsection (e) of
244 Section 4 to determine whether to issue a one-year gun
245 violence protective order, including the address of the court
246 and the date and time for when the hearing is scheduled.
247 (5) A statement that the court may extend the order by
248 one year at the hearing.
249 (6) A statement that the respondent may seek the advice
250 of an attorney as to any matter connected with the order, and
251 that the attorney should be consulted promptly so that the
252 attorney may assist the individual in any matter connected
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