HB410 By Representatives Butler, Hanes, Henry, Williams (JW), Pettus, Fridy and Whorton (R) RFD Public Safety and Homeland Security Rd 1 14-MAR-17

SYNOPSIS: Under existing law, a person may not knowingly or openly possess or carry a firearm in certain places or without the express permission of a person or entity with authority over the premises.

This bill would authorize certain persons to carry a firearm in a government building if access is not restricted or screened by security personnel and would provide for the carrying of firearms in places of worship under certain conditions.

This bill would allow local boards of education to adopt policies providing for the carrying of firearms by selected school personnel on school property, at school functions, and on a bus or other transportation furnished by a school.

This bill would allow school personnel to store firearms in designated parking areas on the premises of a school under certain conditions.

This bill would allow a concealed pistol permit holder to carry a concealed pistol upon his or her person while the permit holder is on the campus of a public institution of higher education or a private institution of higher education, would authorize the institutions of higher education to adopt limited policies restricting the carrying of firearms under limited conditions, and would provide criminal penalties for violations.

This bill would also require a business entity who refuses to allow a person to carry a firearm on the business premises to adopt a policy providing for the protection of invitees and would provide that the business entity would be liable for certain damages to invitees if a policy is not adopted or if the business entity fails to comply with the protection policy.

This bill would also repeal sections of the Code of Alabama 1975, that are inconsistent with the provisions of the bill.

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

Relating to firearms; to authorize certain persons to carry a firearm in a government building if access is not restricted or screened by security personnel; to provide criminal penalties for violations; to provide for the carrying of firearms in places of worship under certain conditions; to allow local boards of education to adopt policies providing for the carrying of firearms by selected school personnel on school property, at school functions, and on a bus or other transportation furnished by a school; to allow a concealed pistol permit holder to carry a concealed pistol upon his or her person while the permit holder is on the campus of a public institution of higher education or a private institution of higher education; to authorize the institutions of education to adopt limited policies restricting the carrying of firearms under limited conditions; to provide criminal penalties for violations of those policies; to require business entities prohibiting firearms to adopt protection policies for invitees under certain conditions; to provide for liability for damages to invitees under certain conditions; to amend Section 13A-11-61.2 Code of Alabama 1975, to make conforming changes; to provide for the carrying or possession of a firearm on hospital property under certain conditions; to repeal Section 9-11-304, Code of Alabama 1975, relating to carrying of firearm in wildlife management area and Section 13A-11-59, Code of Alabama 1975, relating to the possession of firearms at demonstrations; 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. (a)(1) A person with a valid pistol permit issued under Section 13A-11-75, Code of Alabama 1975, may carry a firearm in a government building when the building is open for business and where ingress into the building is not restricted or screened by security personnel.

(2) A pistol permit holder or a person who is not a pistol permit holder who enters or attempts to enter a government building carrying a firearm where ingress is restricted or screened by security personnel is guilty of a Class C misdemeanor.

Section 2. (a) A local board of education may adopt a policy in writing to allow certain school personnel to possess or carry a firearm on school property, at a school function, or on a bus or other transportation furnished by a school provided that the policy satisfies the following:

(1) A person approved to carry a firearm under the policy is required to have a pistol permit as provided under Section 13A-11-75, Code of Alabama 1975.

(2) The policy provides for the training of approved personnel prior to authorizing such personnel to carry a firearm. The training shall at a minimum include training on judgment pistol shooting, marksmanship, and a review of current laws relating to the use of force for the defense of self and others; provided, however, that the local board of education training policy may substitute for certain training requirements the personnel's prior military or law enforcement service if the approved personnel has previously served as a certified law enforcement officer or has had military service which involved similar firearm training.

(3) An approved list of the types of firearms and ammunition and the quantity of firearms and ammunition authorized to be possessed or carried by the approved school personnel.

(4) The exclusion from approval of any personnel who has had an employment or other history indicating any type of mental or emotional instability as determined by the local board of education.

(5) A mandatory method of securing firearms, including, at a minimum, a requirement that the firearm, if permitted to be carried concealed by personnel, shall be carried on the person and not in a purse, briefcase, bag, or similar other accessory which is not secured on the body of the person and, if maintained separate from the person, shall be maintained in a secured lock safe or similar lock box that cannot be easily accessed by students or others.

(6) A requirement for an annual criminal background check of all school personnel authorized to carry a firearm under the policy.

(b) The selection of approved personnel to possess or carry a firearm on school property, at a school function, or on a bus or other transportation furnished by a school shall be done strictly on a voluntary basis. No personnel shall be required to possess or carry a firearm on school property, at a school function, or on a bus or other transportation furnished by a school and shall not be terminated or otherwise retaliated against for refusing to possess or carry a firearm.

(c) The local board of education shall be responsible for any costs associated with approving personnel to carry or possess firearms on school property, at a school function, or on a bus or other transportation furnished by a school; provided, however, that nothing contained in this section shall prohibit any approved personnel from paying for part or all of such costs or using any other funding mechanism available, including donations or grants from private persons or entities.

(d)(1) This section may not be construed to require or otherwise mandate that any local board of education or school administrator adopt or implement a practice or program for the approval of personnel to possess or carry firearms on school property, at a school function, or on a bus or other transportation furnished by a school.

(2) This section does not create any liability for adopting or declining to adopt a policy or practice under this section. Such decision shall be at the discretion of each individual local board of education.

(e) School personnel who have a pistol permit as provided in Section 13A-11-75, Code of Alabama 1975, may store a firearm in a motor vehicle in a designated parking area on school property provided the firearm is locked in a compartment or container that is in or affixed securely to the vehicle.

Section 3. (a) For the purposes of this act, the following terms shall have the following meanings:

(1) CAMPUS. All land and buildings owned or leased by an institution of higher education.

(2) PRIVATE INSTITUTION OF HIGHER EDUCATION. Independent colleges or universities incorporated and located in this state, which by virtue of law or character or license are educational institutions authorized to grant academic degrees and which provide a level of education which is equivalent to the education provided by a public institution of higher education.

(3) PUBLIC INSTITUTION OF HIGHER EDUCATION. Those public educational institutions in Alabama which provide formal education, including vocational, technical, collegiate, professional, or any other form of education, above the secondary school level.

(4) PREMISES. A building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

(b) A person who has a permit under Section 13A-11-75, Code of Alabama 1975, may carry a concealed pistol upon his or her person while the permit holder is on the campus of a public institution of higher education or, except as otherwise provided in subsection (f), a private institution of higher education.

(c) Except as provided in subsection (d), (e), or (f), a public institution of higher education or a private institution of higher education may not adopt any rule prohibiting permit holders from carrying pistols on the campus of the institution.

(d) A public institution of higher education or a private institution of higher education may establish rules concerning the storage of pistols in dormitories or other residential facilities that are owned or leased and operated by the institution and located on the campus of the institution.

(e)(1) After consulting with students, staff, and faculty of the institution regarding the nature of the student population, specific safety considerations, and the uniqueness of the campus environment, the president or other chief executive officer of a public institution of higher education shall adopt reasonable rules regarding the carrying of concealed pistols by permit holders on the campus of the institution. The president or officer may not adopt rules that generally prohibit or have the effect of generally prohibiting permit holders from carrying concealed pistols on the campus of the institution. The president or officer may amend the rules as necessary for campus safety. The rules shall take effect as determined by the president or officer unless subsequently amended by the board of trustees or other governing board under subdivision (2). The institution must give effective notice as provided in subsection (c) of Section 13A-11-61.2, Code of Alabama 1975, with respect to any portion of a premises on which permit holders may not carry.

(2) Not later than the 90th day after the date that the rules are adopted as described by subdivision (1), the board of trustees or other governing board of the public institution of higher education shall review the rules. The board of trustees or other governing board, by a vote of not less than two-thirds of the board, may amend wholly or partially the rules established under subdivision (1). If amended under this subdivision, the rules are considered to be those of the institution as established under subdivision (1).

(3) A public institution of higher education shall widely distribute the rules described by subdivision (1) to the institution's students, staff, and faculty, including by prominently publishing the rules on the institution's Internet website.

(f) A private institution of higher education, after consulting with students, staff, and faculty of the institution, may establish rules, regulations, or other provisions prohibiting permit holders from carrying pistols on the campus of the institution, any grounds or building on which an activity sponsored by the institution is being conducted, or a passenger transportation vehicle owned by the institution.

(g) A public institution of higher education, an officer or employee of a public institution of higher education, a private institution of higher education that has not adopted rules under subsection (f), and an officer or employee of a private institution of higher education that has not adopted rules under subsection (f), is not liable for any damages caused by an action authorized under this section or the failure to act under this section, unless:

(1) The act or failure to act was arbitrary or capricious.

(2) The basis of the claim for personal injury or property damage is the conduct of an employee or officer of an institution who possesses a pistol on the campus of the institution.

(h) A person who has a permit to carry a concealed pistol under Section 13A-11-75, Code of Alabama 1975, is guilty of a Class A misdemeanor if he or she carries a partially or wholly visible pistol, regardless of whether the pistol is holstered, on or about the permit holder's person and intentionally or knowingly displays the pistol in plain view of another person on either of the following locations:

(1) The premises of a public institution of higher education or private institution of higher education.

(2) Any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of a public institution of higher education or a private institution of higher education.

(i) A person who has a permit to carry a concealed pistol under Section 13A-11-75, Code of Alabama 1975, is guilty of a Class A misdemeanor if he or she carries a pistol on the campus of a private institution of higher education in violation of established rules prohibiting permit holders from carrying pistols pursuant to subsection (f), regardless of whether the pistol is concealed, if the institution gave effective notice that entry on the property by a permit holder with a concealed pistol is forbidden.

(j) It is the intent of the Legislature that the University of Alabama System and Auburn University comply with this section.

Section 4. (a) A person, business, or other entity that owns, controls, or manages private property that is open to the public and adopts a policy prohibiting the possession or carrying of firearms on the property shall adopt a written policy including reasonable measures to enhance the protection of unarmed invitees on the property.

(b) A person, business, or other entity that owns, controls, or manages private property that fails to adopt a policy under subsection (a) or fails to comply with the adopted policy, shall be liable for any damages authorized under law incurred by an invitee with a permit issued under Section 13A-11-75, Code of Alabama 1975, during an incident on the premises in which the invitee could have defended himself or herself had he or she been armed with a firearm.Section 5. Section 13A-11-61.2 of the 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 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) In a place of worship, unless the governing body or authority of the place of worship permits the carrying of firearms by a person with a pistol permit issued under Section 13A-11-75.

"(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. Nothing in this subsection otherwise restricts the possession, transportation, or storage of a lawfully possessed firearm or ammunition in an employee's privately owned motor vehicle while parked or operated in a public or private parking area provided the employee complies with the requirements of Section 13A-11-90.

"(c)(b) The person or entity with authority over the premises set forth in subsection (a)(1)-(6) and subsection (b) subdivisions (a)(1)-(7) shall place a notice at the public entrances of such premises or buildings alerting those entering that firearms are prohibited.

"(d)(c) 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 subsection (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)(d) A violation of subsections (a), (b), or (d) or (c) is a Class C misdemeanor.

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

"(f) A person with a valid pistol permit, as provided in Section 13A-11-75, Code of Alabama 1975, may carry or possess a firearm on the premises of a hospital, as defined in Section 40-26B-70, including a designated parking area of a hospital. The person or entity with authority over the hospital may prohibit the carrying or possession of a firearm inside the building of a hospital, provided the hospital provides availability for an individual to check a firearm with a security guard at the entrance of the hospital and the firearm is secured in locked storage while the individual is in the hospital.

"(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 6. Sections 9-11-304, 13A-11-52, and 13A-11-59 of the Code of Alabama 1975, are repealed.

Section 7. 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, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 8. 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

Public Safety

Code Repealed

Code Amended