HB13 By Representative Givan RFD Judiciary Rd 1 07-FEB-17

SYNOPSIS: Under existing law, it is a crime for a person to sell, give, or lend a pistol to a minor or deliver a pistol to any person who he or she has reasonable cause to believe is a minor, a drug addict, or an habitual drunkard, who has been convicted in this state or elsewhere of committing or attempting to commit a crime of violence, a misdemeanor offense of domestic violence, or certain violent offenses, or anyone who is subject to a valid protection order for domestic abuse, or anyone of unsound mind.

This bill would make it a crime for a person to knowingly purchase or attempt to purchase a firearm with the intent to deliver that firearm to another person who is prohibited by federal or state law from possessing a firearm, and would provide criminal penalties.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

A BILL TO BE ENTITLED AN ACT

To amend Section 13A-11-58.1, Code of Alabama 1975, relating to firearms; to make it a crime for a person to knowingly purchase or attempt to purchase a firearm with the intent to deliver that firearm to another person who is prohibited by federal or state law from possessing a firearm; to provide penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 13A-11-58.1, Code of Alabama 1975, is amended to read as follows:

§13A-11-58.1.

"(a) For the purposes of this section, the following words have the following meanings:

"(1) AMMUNITION. Any cartridge, shell, or projectile designed for use in a firearm.

"(2) LICENSED DEALER. A person who is licensed pursuant to 18 U.S.C. § 923 or Section 13A-11-79, to engage in the business of dealing in firearms.

"(3) MATERIALLY FALSE INFORMATION. Information that portrays an illegal transaction as legal or a legal transaction as illegal.

"(4) PRIVATE SELLER. A person who sells or offers for sale any firearm, as defined in Section 13A-8-1(4), or ammunition.

"(b) A person who knowingly solicits, persuades, encourages, or entices a licensed dealer or private seller of a firearm or ammunition to transfer a firearm or ammunition under circumstances which the person knows would violate the laws of this state or the United States is guilty of a Class C felony.

"(c) A person who provides to a licensed dealer or private seller of firearms or ammunition what the person knows to be materially false information with intent to deceive the dealer or seller about the legality of the transfer of a firearm or ammunition is guilty of a Class C felony.

"(d) A person who knowingly purchases or attempts to purchase a firearm with the intent to deliver that firearm to another person who is prohibited by federal or state law from possessing a firearm is guilty of a Class C felony.

"(d)(e) This section does not apply to a peace officer acting in his or her official capacity or to a person acting at the direction of a peace officer."

Section 2. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621 because the bill defines a new crime or amends the definition of an existing crime.

Section 3. 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

Crimes and Offenses

Criminal Law and Procedure

Weapons

Code Amended