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
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 the NICS Index Denied
Persons File. The records maintained pursuant to this section shall only be used for purposes
of determining eligibility to purchase or transfer a firearm. Information furnished shall
not include confidential medical or treatment records, confidential tax or financial data,
library records, or other personal information. (b) Any person who has been adjudicated
mentally deficient or committed to a mental institution and who is subject to the firearm
disabilities of 18 U.S.C. Section 922 (d)(4) and (g)(4), and who is subject to the firearm
disabilities of Sections 13A-11-72 and 13A-11-75, because he or she has been determined by
law or legal process to be of unsound mind, may petition the district court for a civil review
of the person's mental capacity to purchase a firearm. The petitioner may...
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22-18-50
or procedures related to specific employees or other matters related to the Commission's internal
personnel practices and procedures; c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase or sale of goods, services, or real estate; e.
Accusing any person of a crime or formally censuring any person; f. Disclosure of trade secrets
or commercial or financial information that is privileged or confidential; g. Disclosure of
information of a personal nature where disclosure would constitute a clearly unwarranted
invasion of personal privacy; h. Disclosure of investigatory records compiled for law
enforcement purposes; i. Disclosure of information related to any investigatory reports prepared
by or on behalf of or for use of the Commission or other committee charged with responsibility
of investigation or determination of compliance issues pursuant to the Compact; or j. Matters
specifically exempted from disclosure by federal or member...
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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
or provides any misleading information on the statement is guilty of a Class A misdemeanor,
punishable by a fine of not more than two thousand dollars ($2,000) and imprisonment for not
more than one year. (2) Convictions for any of the following crimes shall make an individual
unsuitable for employment, volunteer work, approval, or licensure: "a. A violent offense
as defined in Section 12-25-32. "b. A sex crime as defined in Section 15-20A-5. "c.
A crime that involves the physical or mental injury or maltreatment of a child, the
elderly, or an individual with disabilities. "d. A crime committed against a child as
defined in Section 38-13-2. "e. A crime involving the sale or distribution of a controlled
substance. "f. A crime or offense committed in another state or under federal law which
would constitute any of the above crimes in this state. "g. Conviction for a crime listed
in the federal Adoption and Safe Families Act, pursuant to 42 U.S.C. Section 671(a)(20), shall
disqualify a...
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38-13-1
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 those persons who may inflict
physical or mental injury or abuse, sexual abuse or exploitation, or maltreatment or
other mistreatment upon children, the elderly, or individuals with disabilities. Therefore,
it is the intent of the Legislature to provide for the implementation of a system that allows
the Department of Human Resources, licensed child placing agencies, and child and adult care
facilities to ensure that current licensees, license and volunteer applicants, prospective
employees, current employees, and volunteers are suitable for...
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38-13-2
Place of abode, domicile, or dwelling with intention to remain permanently and continuously
or for an indefinite or uncertain length of time. (30) SEX CRIME. Includes any sex offense
listed in Section 15-20A-5. (31) SUITABILITY CRITERIA. a. Convictions for any of the following
crimes shall make an individual unsuitable for employment, volunteer work, approval, or licensure:
1. A violent offense as defined in Section 12-25-32. 2. A sex crime. 3. A crime that involves
the physical or mental injury or maltreatment of a child, the elderly, or an individual
with disabilities. 4. A crime committed against a child. 5. A crime involving the sale or
distribution of a controlled substance. 6. A crime or offense committed in another state or
under federal law which would constitute any of the above crimes in this state. b. Conviction
for any crime listed in the Adoption and Safe Families Act, 42 U.S.C. § 671(a)(20) shall
disqualify a person from being approved or continuing to be approved...
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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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