Code of Alabama

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41-9-649
Section 41-9-649 Implementation of National Instant Criminal Background Check System;
rules and policies. All transfers or purchases of firearms conducted by a licensed importer,
licensed manufacturer, or licensed dealer shall be subject to the National Instant Criminal
Background Check System (NICS) created by the federal "Brady Handgun Violence Prevention
Act" (P.L. No. 103-159), the relevant portion of which is codified at 18 U.S.C. §922
(t). To the extent possible, all information from any state or local government agency that
is necessary to complete an NICS check shall be provided to ALEA. The commission shall adopt
rules and policies necessary to implement a complete NICS check. The commission shall also
ensure that all information received shall be used solely for the purposes of compliance with
NICS and every effort is made to protect the privacy of this information. Prior to the adoption
of rules pursuant to this section, all proposed rules shall go through the privacy
and...
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22-52-10.9
Section 22-52-10.9 Order finding defendant insane, mentally incompetent, etc., to be
entered into information systems; civil review. (a)(1) Upon any finding that a defendant is
insane, mentally incompetent, or not guilty by reason of mental disease or defect pursuant
to Chapter 16 of Title 15, or the Alabama Rules of Criminal Procedure, the judge shall immediately
forward the order of the finding to the Alabama Law Enforcement Agency and the order shall
be entered in its information systems. The order shall be forwarded to the Alabama Law Enforcement
Agency in the manner as the Alabama Justice Information Center Commission shall provide. (2)
The Alabama Law Enforcement Agency, as soon as possible thereafter, shall enter the order
in the National Instant Criminal Background Check System (NICS) and the information shall
be entered into the NICS Index Denied Persons File. (3) The records maintained pursuant to
this section shall only be used for purposes of determining eligibility to...
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22-52-10.8
Section 22-52-10.8 Order for involuntary commitment for inpatient treatment to be entered
into Criminal Justice Information System and NICS; redaction of order upon removal of limitation
to purchase firearm. (a) When the judge of probate of a county enters an order for the involuntary
commitment of a person pursuant to Section 22-52-10.1, and the order is for a final
commitment for inpatient treatment to the Department of Mental Health or a Veterans' Administration
hospital, or as otherwise provided by law, the judge shall immediately forward the order to
the Alabama Law Enforcement Agency and the order shall be entered in its information systems.
The order shall be forwarded to the Alabama Law Enforcement Agency in the manner as the Alabama
Justice Information Center Commission shall provide. The Alabama Law Enforcement Agency shall
as soon as possible thereafter enter the order in the National Instant Criminal Background
Check System (NICS) and the information shall be entered into...
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22-18-50
Section 22-18-50 Enactment and text of Emergency Medical Services Personnel Licensure
Interstate Compact. The Emergency Medical Services Personnel Licensure Interstate Compact
is hereby enacted into law and entered into with all other jurisdictions legally joining therein
in form substantially as follows: SECTION 1. PURPOSE In order to protect the public
through verification of competency and ensure accountability for patient care related activities
all states license emergency medical services (EMS) personnel, such as emergency medical technicians
(EMTs), advanced EMTs and paramedics. This Compact is intended to facilitate the day to day
movement of EMS personnel across state boundaries in the performance of their EMS duties as
assigned by an appropriate authority and authorize state EMS offices to afford immediate legal
recognition to EMS personnel licensed in a member state. This Compact recognizes that states
have a vested interest in protecting the public's health and safety...
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38-13-3
Section 38-13-3 Criminal history background information check required for certain individuals;
exemptions. (a) On November 1, 2000, every employer, child care facility, adult care facility,
the Department of Human Resources, and child placing agency shall request the Alabama State
Law Enforcement Agency to conduct a criminal history background information check for the
following: (1) An employment applicant, employee or volunteer of an employer, child care facility,
adult care facility, or child placing agency. (2) A current foster parent for a child or adult
or adult household member of a foster family or applicant and an adult household member of
a foster family seeking approval to operate as a foster parent or foster family home for a
child placing agency or the Department of Human Resources. Unless otherwise provided in this
chapter, no criminal history background information check shall be conducted on a current
foster parent or household member of a foster family if a Federal...
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38-13-4
Section 38-13-4 Mandatory criminal history check notice; suitability determinations;
checks on subsequent activity. (a) Every employer, child care facility, adult care facility,
the Department of Human Resources, and child placing agency required to obtain a criminal
history background information check pursuant to this chapter shall obtain, prior to or upon
the date of employment, or issuance of a license or approval or renewal thereof, and maintain
in the agency or personnel file, a request with written consent for the criminal history background
information check and a statement signed by the applicant, volunteer, or employee indicating
whether he or she has ever been convicted of a crime, and if so, fully disclosing all convictions.
The statement shall include a notice and questionnaire the same as or similar to the following:
(1) MANDATORY CRIMINAL HISTORY CHECK NOTICE: Alabama law requires that a criminal history
background information check be conducted on all persons who hold a...
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38-13-1
Section 38-13-1 Legislative findings and intent. Under the National Child Protection
Act of 1993, Public Law 103-209, 42 U.S.C. § 5119, et seq., the states are permitted to implement
a computerized information system to provide child abuse crime information through the Federal
Bureau of Investigation National Criminal History Record Information System. The states may
conduct a nationwide criminal history background check for the purpose of determining whether
an individual who shall have unsupervised access to children, the elderly, or individuals
with disabilities has been convicted of a crime that bears upon the fitness of the individual
to provide care to or have responsibility for the safety and well-being of children, the elderly,
or individuals with disabilities as defined in this chapter. The Legislature finds that there
is an important state interest and it is in the best interest of the children, the elderly,
and individuals with disabilities of Alabama to protect them from...
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38-13-2
Section 38-13-2 Definitions. When used in this chapter, the following words shall have
the following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE
FACILITY. A person or entity holding a Department of Human Resources license or approval or
certification to provide care, including foster care, for adults. (3) APPLICANT. A person
or entity who submits an application for license as a child care or adult care facility to
the Department of Human Resources or a child placing agency, or an application for employment
or for a volunteer position to a Department of Human Resources licensed child care or adult
care facility. With regard to child care and adult care facilities in a home setting, the
term includes an adult household member whose residence is in the home. The term also includes
an individual who submits an application for a volunteer position or for employment with the
Department of Human Resources in a position in which the person has unsupervised...
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38-13-7
Section 38-13-7 Duties of Departments of Public Safety and Human Resources; review of
determinations. (a) Criminal history background information checks shall be performed by the
Department of Public Safety upon request by an employer, child care facility, adult care facility,
or child placing agency authorized to make a request, or the Department of Human Resources.
The Department of Public Safety shall provide a criminal history background check within a
reasonable time of the receipt of the request. National criminal history background checks
shall be requested by the Department of Public Safety from the Federal Bureau of Investigation
within a reasonable time of the request. The Department of Public Safety, upon receipt of
the criminal history background report from the Federal Bureau of Investigation, shall forward
the report to the Department of Human Resources within a reasonable period. (b) Criminal history
background information reports shall be sent from the Department of...
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13A-11-75
Section 13A-11-75 Permit to carry pistol in vehicle or concealed on person - Issuance;
fee; revocation; release of information. (a)(1)a. The sheriff of a county, upon the application
of any person residing in that county, within 30 days from receipt of a complete application
and accompanying fee, shall issue or renew a permit for such person to carry a pistol in a
vehicle or concealed on or about his or her person within this state for one- to five-year
increments, as requested by the person seeking the permit, from date of issue, unless the
sheriff determines that the person is prohibited from the possession of a pistol or firearm
pursuant to state or federal law, or has a reasonable suspicion that the person may use a
weapon unlawfully or in such other manner that would endanger the person's self or others.
In making such determination, the sheriff may consider whether the applicant: 1. Was found
guilty but mentally ill in a criminal case. 2. Was found not guilty in a criminal case...

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