HB328 By Representatives Henry, Hammon, Moore (B) and Harbison RFD Public Safety and Homeland Security Rd 1 19-MAR-15

SYNOPSIS: Under existing law, a retail dealer in pistols, local law enforcement, and the Secretary of State are subject to record-keeping and administrative requirements regarding the sale of pistols and a local registration system is required for all pistols sold by a licensed firearms dealer.

This bill would eliminate certain record-keeping and administrative requirements and make technical nonsubstantive changes.

Existing law also prohibits a person from delivering a pistol to a person under the age of 18 years or to a person who has been convicted of a crime of violence or is a drug addict, a habitual drunkard, or of unsound mind.

This bill would allow a person under the age of 18 to receive or possess a pistol if he or she has the consent of a parent, guardian, or spouse who is 18 years of age or older and satisfies additional criteria.

A BILL TO BE ENTITLED AN ACT

Relating to firearms; to amend Sections 13A-11-76, 13A-11-79, 13A-11-84, and 40-12-143 of the Code of Alabama 1975, relating to the licensing and regulation of retail dealers in pistols and regulating the sale of pistols; to allow a person under the age of 18 to receive or possess a pistol under certain conditions; and to eliminate certain record-keeping and administrative requirements.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 13A-11-76, 13A-11-79, 13A-11-84, and 40-12-143 of the Code of Alabama 1975, are amended to read as follows:

§13A-11-76.

"(a) No person shall deliver a pistol to any person under the age of 18 or to one who he or she has reasonable cause to believe has been convicted of a crime of violence or is a drug addict, an habitual drunkard, or of unsound mind.

"(b) Subsection (a) does not apply if the minor has the consent of his or her parent, guardian, or spouse who is 18 years of age or older to possess a pistol and any of the following conditions are satisfied:

"(1) The minor is in the presence of his or her parent, guardian, or spouse who is 18 years of age or older, or in the presence of another person who is 18 years of age or older.

"(2) The minor is on the premises owned or leased by the minor's parent or other immediate family member, guardian, or on the premises with the consent of the lawful owner or possessor of the premises.

"(3) The minor is in the presence of a licensed or accredited gun safety instructor.

"(4) The pistol is being used for hunting, trapping, target shooting, competing in a firearm competition, or firearm or hunting training or instruction.

§13A-11-79.

"The duly constituted licensing authorities of any city, town, or political subdivision of this state may grant licenses in forms prescribed by the secretary of state, effective for not more than one year from date of issue, permitting the licensee to sell pistols at retail within this state subject to the following conditions, in addition to those specified in Section 13A-11-77, for breach of any of which the license shall be forfeited and the licensee subject to punishment as provided in this division. The business shall be carried on only in the building designated in the license. The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily be read. No pistol shall be sold in violation of any provisions of this division, nor shall a pistol be sold under any circumstances unless the purchaser is personally known to the seller or shall present clear evidence of his identity. A true record in triplicate shall be made of every pistol sold, in a book kept for the purpose, the form of which may be prescribed by the Secretary of State and shall be personally signed by the purchaser and by the person effecting the sale, the caliber, make, model and manufacturer's number of the weapon, the name, address, occupation, color and place of birth of purchaser and a statement signed by the purchaser that he has never been convicted in this state or elsewhere of a crime of violence. One copy shall be sent within six hours by registered or certified mail to the chief of police of the municipality or the sheriff of the county of which the dealer is a resident; the dealer shall within seven days send the duplicate to the Secretary of State; and the dealer shall retain the triplicate for six years. No pistol or imitation thereof or placard advertising the sale thereof shall be displayed in any part of any premises where it can readily be seen from the outside. The fee for issuing said the license shall be $.50, which fee shall be paid into the State Treasury.

§13A-11-84.

"(a) Every violation of subsection (a) of Section 13A-11-72 or of Sections Section 13A-11-81 or 13A-11-82 shall be punishable by imprisonment for not more than five years. Every violation of subsection (b) of Section 13A-11-72 or of Sections 13A-11-73, 13A-11-74, and 13A-11-77 13A-11-78 through 13A-11-80 shall be punishable by imprisonment for any term less than one year or by a fine of not more than $500.00 five hundred dollars ($500), or both. The punishment for violating Section 13A-11-78 or 13A-11-79 may include revocation of license.

"(b) It shall be the duty of any sheriff, policeman or other peace officer of the State of Alabama, arresting any person charged with violating Sections 13A-11-71 through 13A-11-73, or any one or more of said those sections, to seize the pistol or pistols in the possession or under the control of the person or persons charged with violating said the section or sections, and to deliver said the pistol or pistols to one of the following named persons: if a municipal officer makes the arrest, to the city clerk or custodian of stolen property of the municipality employing the arresting officer; if a county, state or other peace officer makes the arrest, to the sheriff of the county in which the arrest is made. The person receiving the pistol or pistols from the arresting officer shall keep it in a safe place in as good condition as received until disposed of as hereinafter provided. Within five days after the final conviction of any person arrested for violating any of the above-numbered sections, the person receiving possession of the pistol or pistols, seized as aforesaid provided in this section, shall report the seizure and detention of said the pistol or pistols to the district attorney within the county where the pistol or pistols are seized, giving a full description thereof, the number, make and model thereof, the name of the person in whose possession it was found when seized, the person making claim to same or any interest therein, if the name can be ascertained or is known, and the date of the seizure. Upon receipt of the report from the person receiving possession of the pistol or pistols as aforesaid, it shall be the duty of the district attorney within the county wherein the pistol or pistols were seized to forthwith file a complaint in the circuit court of the proper county, praying that such the seized pistol or pistols be declared contraband, be forfeited to the state, and be destroyed. Any person, firm, or corporation or association of persons in whose possession said the pistol or pistols may be seized or who claim to own the same or any interest therein shall be made a party defendant to said the complaint, and thereupon such the matter shall proceed and be determined in the circuit court of the proper county in the same form and manner, as near as may be, as in the forfeiture and destruction of gaming devices, except as herein otherwise provided. When any judgment of condemnation and forfeiture is made in any case filed under the provisions of this section, the judge making such the judgment shall direct therein the destruction of the pistol or pistols by the person receiving possession of said the pistol or pistols from the arresting officer in the presence of the clerk or register of the court, unless the judge is of the opinion that the nondestruction thereof is necessary or proper in the ends of justice, in which event and upon recommendation of the district attorney, the judge shall award the pistol or pistols to the sheriff of the county or to the chief of police of the municipality to be used exclusively by the sheriff or the chief of police in the enforcement of law, and the sheriff of the county and the chiefs of police of the municipalities shall keep a permanent record of all pistols awarded to them as provided for herein, to be accounted for as other public property, and said the order, in the event that no appeal is taken within 15 days from the rendition thereof, shall be carried out and executed before the expiration of 20 days from the date of the judgment. The court, at its discretion, shall may direct in said the judgment that the costs of the proceedings be paid by the person in whose possession said the pistol or pistols were found when seized, or by any party or parties who claim to own said the pistol or pistols, or any interest therein, and who contested the condemnation and forfeiture thereof.

§40-12-143.

"Persons dealing in pistols, revolvers, maxim silencers, bowie knives, dirk knives, brass knucks, or knucks of like kind, whether principal stock in trade or not shall pay the following license tax: In cities and towns of 35,000 inhabitants and over, $150; and in all other places, $100. The required license amounts shall be paid for each place of business from which sales of such items are made. In addition to any other required licenses, a person may organize and conduct a gun and knife show of no more than seven days, by paying the maximum license tax prescribed in this section, as well as the maximum license taxes provided in Sections 40-12-158 and 40-12-174(d), for each such show. Participants shall not be required to pay the license taxes provided in this section, nor in Section 40-12-158 or 40-12-174 for participating in such shows, provided the organizer has paid the license taxes prescribed in this section prior to the commencement of the event. It shall be the duty of the organizer of such show to determine if each participant is licensed under the sales tax laws of this state as well as the particular county and municipality in which the show is conducted. The organizer shall be responsible for providing a list of participants to the county and municipality in which the gun show is held and for collecting and remitting all state and local sales taxes for any participant not licensed under state or local sales tax laws. In the event the organizer does not provide the information required herein or pay the license taxes prescribed in this section, prior to the commencement of the event, each participant shall be responsible for his or her applicable licenses. The organizer and all participants shall abide by applicable federal, state, and local laws and regulations. All persons dealing in pistols, revolvers, and maxim silencers shall be required to keep a permanent record of the sale of every pistol, revolver, or maxim silencer, showing the date of sale, serial number, or other identification marks, manufacturer's name, caliber and type, and also the name and address of the purchaser. The records shall always be open for inspection by any peace officer of the State of Alabama or any municipality thereof. The failure to keep such record shall subject such person to having his or her license revoked by the probate judge of the county where such license was issued on motion of any district attorney of the State of Alabama."

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

Pistols

Secretary of State

Law Enforcement

Code Amended