HB123 By Representative Sorrell RFD Judiciary Rd 1 04-FEB-20

SYNOPSIS: This bill would provide that federal laws, federal and state court decisions, and federal and state executive orders pertaining to the implementation or enforcement of extreme risk protection orders are void in this state.

This bill would prohibit this state, any of its agencies, and any of its political subdivisions or their agencies from accepting any federal grants that may become available for the intended purpose of implementing or enforcing extreme risk protection orders against residents of this state.

This bill would also make it a Class D felony to attempt to enforce an extreme risk protection order issued by a federal court or pursuant to federal law.

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 public safety; to provide that federal laws, federal and state court decisions, and federal and state executive orders pertaining to the implementation or enforcement of extreme risk protection orders are void in this state; to prohibit this state, any of its agencies, and any of its political subdivisions or their agencies from accepting any federal grants that may become available for the intended purpose of implementing or enforcing extreme risk protection orders against residents of this state; to make it a Class D felony to attempt to enforce an extreme risk protection order issued by a federal court or pursuant to federal law; and in connection therewith would have as its purpose or effect the requirement of a anew 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) For purposes of this section, the term "extreme risk protection order" means a federal or state executive order or written order or warrant issued by a federal or state court or signed by a magistrate or comparable officer of the court, for which the primary purpose is to reduce the risk of firearm-related death or injury by achieving either of the following:

(1) Prohibiting a named individual from having a firearm under his or her custody or control, or from otherwise owning, possessing, or receiving a firearm.

(2) Removing a firearm from, or requiring the surrender of a firearm by, a named resident of this state.

(b) A federal statute, federal rule, presidential executive order, federal court order, state court order, or state executive order that would result in the issuance of an extreme risk protection order or ex parte extreme risk protection order against a resident of this state is void, and of no effect in this state.

(c) Any federal statute, rule, or executive order, federal or state judicial order, or judicial findings that would have the effect of forcing an extreme risk protection order or ex parte extreme risk protection order against or upon a resident of Alabama that would infringe upon the individual's constitutional rights is void in the State of Alabama.

(d) No agency or political subdivision of this state may accept a federal grant awarded for the implementation of any federal statute, federal rule, presidential executive order, or federal court order that would have the effect of forcing an extreme risk protection order against or upon a resident of this state.

(e) An individual, including a law enforcement officer, who attempts to enforce an extreme risk protection order upon a resident of this state is guilty of a Class D Felony.

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, 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 3. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Public Safety

Constitutional Rights