HB3 By Representatives Jackson and Melton RFD Public Safety and Homeland Security Rd 1 03-MAR-15

SYNOPSIS: Under existing law, an individual may not knowingly possess or carry a firearm in certain locations, even if he or she has a permit to carry a concealed pistol.

This bill would prohibit an individual from knowingly possessing or carrying a firearm in a place of worship, even if he or she has a permit to carry a concealed pistol.

A BILL TO BE ENTITLED AN ACT

Relating to firearms; to amend Section 13A-11-61.2, Code of Alabama 1975, to prohibit an individual from possessing or carrying a firearm in a place of worship.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 13A-11-61.2, Code of Alabama 1975, is amended to read as follows:

§13A-11-61.2.

"(a) In addition to any other place limited or prohibited by state or federal law, a person, including a person with a permit issued under Section 13A-11-75(a)(1) or recognized under Section 13A-11-85, may not knowingly possess or carry a firearm in any of the following places without the express permission of a person or entity with authority over the premises:

"(1) Inside the building of a police, sheriff, or highway patrol station.

"(2) Inside or on the premises of a prison, jail, halfway house, community corrections facility, or other detention facility for those who have been charged with or convicted of a criminal or juvenile offense.

"(3) Inside or on the premises of a facility which provides inpatient or custodial care of those with psychiatric, mental, or emotional disorders.

"(4) Inside a courthouse, courthouse annex, a building in which a District Attorney's office is located, or a building in which a county commission or city council is currently having a regularly scheduled or specially called meeting.

"(5) Inside any facility hosting an athletic event not related to or involving firearms which is sponsored by a private or public elementary or secondary school or any private or public institution of postsecondary education, unless the person has a permit issued under Section 13A-11-75(a)(1) or recognized under Section 13A-11-85.

"(6) Inside any facility hosting a professional athletic event not related to or involving firearms, unless the person has a permit issued under Section 13A-11-75(a)(1) or recognized under Section 13A-11-85.

"(7) Inside a place of worship used by a bona fide nonprofit religious organization.

"(b) Notwithstanding the provisions of subsection (a), a person, including a person with a permit issued under Section 13A-11-75(a)(1) or recognized under Section 13A-11-85, may not, without the express permission of a person or entity with authority over the premises, knowingly possess or carry a firearm inside any building or facility to which access of unauthorized persons and prohibited articles is limited during normal hours of operation by the continuous posting of guards and the use of other security features, including, but not limited to, magnetometers, key cards, biometric screening devices, or turnstiles or other physical barriers.

"(c) The person or entity with authority over the premises set forth in subsections (a)(1)-(6) and subsection (b) shall place a notice at the public entrances of such premises or buildings alerting those entering that firearms are prohibited.

"(d) Except as provided in subsections (a)(5) and (a)(6), any firearm on the premises of any facility set forth in subsection (a)(1), or subsections (a)(4)-(6), or subsection (b) must be kept from ordinary observation and locked within a compartment or in the interior of the person's motor vehicle or in a compartment or container securely affixed to the motor vehicle.

"(e) A violation of subsections (a) or (d) is a Class C misdemeanor.

"(f) This section shall not prohibit any person from possessing a firearm within the person's residence or during ingress or egress thereto.

"(g) Prohibitions regarding the carrying of a firearm under this section shall not apply to law enforcement officers engaged in the lawful execution of their official duties.

"(h) Nothing in this section shall be construed to authorize the carrying or possession of a firearm where prohibited by federal law."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Firearms

Churches

Religious Organizations

Law Enforcement

Code Amended