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Last week, the Alabama House of Representatives passed Senate Bill 119, a bill sponsored by Sen. Will Barfoot, R-District 25, which further prohibits certain individuals from possessing firearms under Alabama law. The bill now heads to Gov. Kay Ivey’s desk where it may be signed into law.
Currently, no individual convicted of “committing or attempting to commit a crime of violence, misdemeanor offense of domestic violence, [or] violent offense” or any individual “subject to a valid protection order for domestic abuse” or “of unsound mind” may possess a firearm in the state of Alabama.
Barfoot’s bill looks to expand that list of individuals prohibited from owning or possessing a firearm to include: all felony convicts convicted “within the previous five years,” any felon convicted of three or more separate felony offenses “of any kind at any time,” and all undocumented immigrants. Any of these individuals would face a Class C felony, with a maximum sentence of 10 years in prison and a $15,000 fine, if charged with illegal possession of a firearm.
The bill also makes it a Class C felony for anyone charged with committing or attempting to commit a crime of violence to possess a firearm while they are released pending or during trial. However, the individual may not be convicted of violating this provision unless they are first convicted of the violent crime they were originally charged with.
Minors are also prohibited from possessing firearms under the bill unless they have “permission to possess a pistol from a parent or legal guardian” and are involved in certain activities including hunting, target practice, and performing duties as a member of the armed services or National Guard. The bill’s language also exempts minors if they are in a motor vehicle traveling to any of those listed activities or if the minor is using the firearm in self-defense.
Minors who do not meet these exemptions, “habitual drunkards,” and drug addicts all face a Class A misdemeanor for illegal possession of a firearm, facing up to one year in jail and a fine of up to $6,000.
The bill also establishes that anyone who is on parole for illegally possessing a firearm and then violates the conditions of their parole may have their parole fully revoked by the Alabama Board of Pardons and Paroles. An individual may also have their probation revoked under the same conditions.
Additionally, SB119 makes it a Class C felony to possess a firearm, or any other “deadly weapon,” on school premises with the “intent to do bodily harm.” The bill exempts school security personnel, school resource officers and law enforcement writ-large from this provision.
In addition to its provisions regarding firearm possession, SB119 also establishes a Class A felony for discharging any projectile weapon or explosive into any occupied dwelling, building, railroad locomotive, railroad car, aircraft, automobile, truck or watercraft. The bill also gives a court the authority to deny bail for such a crime. If an individual discharges a projectile weapon or explosive into an unoccupied structure or vehicle, the charge is reduced to a Class C felony and bail cannot be denied.
Gov. Ivey is expected to sign SB119 into law after it passed both the Alabama House and Senate with overwhelming support.
