SB 267

SB267 INTRODUCED
1 SB267
2 NRSVC8T-1
3 By Senators Singleton, Coleman-Madison, Stewart, Smitherman,
4 Figures
5 RFD: Judiciary
6 First Read: 05-Feb-26
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NRSVC8T-1 02/04/2026 ZAK (L)ZAK 2025-3322
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2
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4 SYNOPSIS:
5Under existing law, an individual is not
6required to possess a permit to carry a pistol in this
7state.
8Also under existing law, an Alabama resident may
9apply for a permit to carry a pistol in a vehicle or
10concealed on his or her person.
11This bill would require individuals to possess a
12permit to carry a pistol in a vehicle or on his or her
13person, subject to certain exceptions.
14This bill would provide a criminal penalty for
15violating this requirement.
16This bill would provide that any previously
17issued concealed carry permit shall remain valid for
18purposes of this new requirement.
19This bill would exempt certain individuals from
20the carry permit requirement.
21This bill would revise the requirements for
22carrying a pistol in a motor vehicle on an employer's
23property.
24This bill would also make nonsubtantive changes
25to the code to conform with this new requirement.
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27
28
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29A BILL
30TO BE ENTITLED
31AN ACT
32
33Relating to firearms; to add Section 13A-11-74.2 to the
34 Code of Alabama 1975, to require certain individuals to
35 possess a permit to carry a pistol in a vehicle or on his or
36 her person; to provide criminal penalties for violations; to
37 amend Sections 13A-11-74, 13A-11-75, 13A-11-85, and 13A-11-90,
38 Code of Alabama 1975, to provide that previously issued
39 concealed carry permits remain valid; to exempt certain
40 individuals from the carry permit requirement; to further
41 provide for the ability to carry a firearm on an employer's
42 property; to make nonsubtantive changes to conform the
43 existing code to this new requirement; to revise Sections
44 13-11-70, 13A-11-72.1 and 41-27-3.3, Code of Alabama 1975, to
45 make conforming changes; and to repeal Section 13A-11-74.1,
46 Code of Alabama 1975, relating to carrying a pistol without a
47 permit.
48 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
49Section 1. Section 13A-11-74.2 is added to the Code of
50 Alabama 1975, to read as follows:
51§13A-11-74.2
52(a) Beginning January 1, 2027, except as provided in
53 subsection (b), an individual may not carry a pistol in any
54 vehicle or on his or her person unless the individual
55 possesses a valid carry permit issued pursuant to Section
56 13A-11-75 or recognized pursuant to 13A-11-85.
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57(b) This section does not apply to any of the
58 following:
59(1) The carrying of a pistol by an individual on land
60 under his or her control.
61(2) The carrying of a pistol by an individual in his or
62 her place of residence.
63(3) The carrying of a pistol by an individual in his or
64 her fixed place of business.
65(4) The carrying of an unloaded pistol in a motor
66 vehicle if the pistol is locked in a compartment or container
67 that is in or affixed securely to the vehicle and out of reach
68 of the driver and any passenger in the vehicle.
69(c) A violation of this section is a Class A
70 misdemeanor.
71Section 2. Sections 13A-11-74, 13A-11-75, 13A-11-85,
72 and 13A-11-90, Code of Alabama 1975, are amended to read as
73 follows:
74"§13A-11-74
75The provisions of Section 13A-11-72(c) 13A-11-74.2
76 shall not apply to any of the following:
77(1) marshals Marshals, sheriffs, prison and jail
78 wardens, and their regularly employed deputies, police
79 officers, and other law enforcement officers of any state or
80 political subdivision thereof.
81(2), or to the members Any member of the Army, Navy,
82 Marine Corps, Air Force, or Space Force of the United States
83 or of the National Guard, or to the members any member of the
84 National Guard organized reserves or state guard organizations
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85 when on duty or going to or from duty.
86(3), or to the The regularly enrolled members of any
87 organization duly authorized to purchase or receive the
88 weapons from the United States or from this state;, provided,
89 that those members are at or are going to or from their places
90 of assembly or target practices.
91(4), or to officers Officers or employees of the United
92 States duly authorized to carry a pistol.
93(5), or to any Any person engaged in manufacturing,
94 repairing, or dealing in pistols, or the agent or
95 representative of a person possessing, using, or carrying a
96 pistol in the usual or ordinary course of pistol
97 manufacturing, repairing, or dealing business.
98(6), or to any Any common carrier, except taxicabs,
99 licensed as a common carrier.
100(7), or to any Any person permitted by law to possess a
101 pistol while carrying it unloaded in a secure wrapper, from
102 the place of purchase to his or her home or place of business,
103 or to or from a place of repair or in moving from one place of
104 abode or business to another."
105"§13A-11-75
106(a)(1) An Alabama resident who is 19 years of age or
107 more may apply to the sheriff of his or her county of
108 residence for issuance or renewal of a concealed carry permit,
109 valid for one year or five years.
110(2) An Alabama resident who is 18 years of age or more
111 and is a service member as defined in Section 35-10-70 or a
112 retired or honorably discharged military veteran as defined in
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113 subsection (b) may apply to the sheriff of his or her county
114 of residence for issuance or renewal of a concealed carry
115 permit, valid for one year or five years.
116(3)a. Except as provided in paragraph b., an Alabama
117 resident who possesses a valid concealed carry permit may
118 apply to the sheriff of his or her county of residence for
119 issuance of a lifetime carry permit.
120b. A sheriff may require an applicant for a lifetime
121 carry permit to possess a valid concealed carry permit for not
122 more than five consecutive years prior to approving the
123 application for issuance of the permit. A sheriff's
124 determination under this paragraph shall not be subject to any
125 appeal or review under subsection (j).
126(4) Beginning January 1, 2027, a concealed carry permit
127 may not be issued or renewed. A valid concealed carry permit
128 issued prior to January 1, 2027, shall remain valid for the
129 purposes of this section and shall be subject to the terms
130 under which it was issued or renewed.
131(b)(1) Upon receipt of an application for a concealed
132 carry permit, the a sheriff shall do all of the following to
133 determine whether possession of a pistol by an applicant would
134 be a violation of state or federal law:
135a. complete Complete a criminal background check
136 through the National Instant Criminal Background Check System
137 (NICS).
138b. and review Review the state firearms prohibited
139 person database.
140c. Review(2) The sheriff shall also review any other
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141 available local, state, and federal criminal history databases
142 to determine whether possession of a pistol or firearm by an
143 applicant would be a violation of state or federal law.
144(3)(2)a. Upon application by an individual who is not a
145 United States citizen, the sheriff shall conduct an
146 Immigration Alien Query through U.S. Immigration and Customs
147 Enforcement, or any successor agency, and the. The application
148 form shall require information relating to the applicant's
149 country of citizenship, place of birth, and any alien or
150 admission number issued by U.S. Immigration and Customs
151 Enforcement, or any successor agency. The sheriff shall review
152 the results of these inquiries before making a determination
153 of whether to issue a permit or renew a permit.
154b. An individual who is unlawfully present in this
155 state may not be issued a permit under this section.
156(c) Within 30 days from receipt of a completed
157 application, a sheriff shall approve or deny the application.
158 In making a determination whether to approve or deny the
159 issuance or renewal of a permit, the sheriff shall consider
160 whether the applicant:
161(1) Was found guilty but mentally ill in a criminal
162 case.;
163(2) Was found not guilty in a criminal case by reason
164 of insanity or mental disease or defect.;
165(3) Was declared incompetent to stand trial in a
166 criminal case.;
167(4) Asserted a defense in a criminal case of not guilty
168 by reason of insanity or mental disease or defect.;
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169(5) Was found not guilty only by reason of lack of
170 mental responsibility under the Uniform Code of Military
171 Justice.;
172(6) Required involuntary inpatient treatment in a
173 psychiatric hospital or similar treatment facility.;
174(7) Required involuntary outpatient treatment in a
175 psychiatric hospital or similar treatment facility based on a
176 finding that the individual is an imminent danger to himself
177 or herself or to others.;
178(8) Required involuntary commitment to a psychiatric
179 hospital or similar treatment facility for any reason,
180 including drug use.;
181(9) Is or was the subject of a prosecution or of a
182 commitment or incompetency proceeding that could lead to a
183 prohibition on the receipt or possession of a firearm under
184 the laws of Alabama or the United States. state or federal
185 law;
186(10) Falsified any portion of the permit application.;
187 or
188(11) Caused or causes justifiable concern for public
189 safety.
190(d)(1) If the a sheriff determines that any of the
191 factors in subsection (c) apply to the applicant, or that the
192 criminal background check under subsection (b) returned any
193 result showing that the applicant is prohibited from the
194 possession of a pistol or firearm pursuant to state or federal
195 law, the sheriff shall deny the application.
196(2) If the sheriff cannot determine whether or not a
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197 factor listed in subsection (c) applies to the applicant, the
198 sheriff may request additional information from the applicant.
199(3)a. Upon the denial by a the sheriff of an
200 application for a concealed carry permit, the sheriff shall
201 immediately give a written notice to the applicant giving the
202 specific reason or reasons for denial, the date of completion
203 of the background check, and the name and signature of the
204 sheriff whose office conducted the background check.
205b. If the sheriff denies an application due to a
206 determination that the issuance or renewal of a permit to an
207 individual would cause or causes justifiable concern for
208 public safety, the sheriff shall clearly articulate the
209 reasoning behind that determination within the written notice.
210(4)a. The sheriff shall notify the Alabama State Law
211 Enforcement Agency of a denial of an application for a permit
212 in a manner as prescribed by the commission for entry into the
213 state firearms prohibited person database if the reason for
214 that denial was due to the applicant being ineligible to
215 possess a firearm under state or federal law.
216(5)b. Upon receiving notice of a denial of an
217 application for a concealed carry permit due to the applicant
218 being prohibited from possessing a firearm under state or
219 federal law, or a conviction or court order that would
220 prohibit that individual from possessing a pistol or firearm
221 under state or federal law, the Alabama State Law Enforcement
222 Agency shall enter the information into the state firearms
223 prohibited person database and ensure that a "Firearms
224 Prohibited Person" notice is viewable by law enforcement
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225 officers and other authorized persons through the Law
226 Enforcement Tactical System.
227(e)(1) If the a sheriff determines that the applicant
228 is not prohibited from the possession of a pistol or firearm
229 under state or federal law and that the applicant should not
230 otherwise be denied a concealed carry permit pursuant to this
231 section, the sheriff, upon receipt of the appropriate fee as
232 provided in subsection (f), shall approve the application.
233(2)a. Immediately upon approval of an application for a
234 concealed carry permit, the sheriff shall issue the applicant
235 a secure carry permit card to carry a pistol in a vehicle or
236 concealed on or about his or her person within this state,
237 valid for a term of one year, five years, or the permit
238 holder's lifetime, as indicated within the approved
239 application.
240b. If the sheriff is unable to produce a hard copy
241 secure carry permit card at the time of approval, the sheriff
242 shall issue the applicant a temporary paper permit, valid for
243 30 days following the date of issuance. The sheriff shall
244 produce and mail to the applicant a hard copy secure carry
245 permit card within 15 days of issuing the temporary paper
246 permit.
247(f)(1) Notwithstanding any provision of law to the
248 contrary:
249a. The fee for a concealed carry permit for a term of
250 one year or five years shall be the same as currently provided
251 by local law for that county, and the resulting funds shall be
252 distributed as currently provided by local law.
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253b. If there is no local law setting the fee for a
254 one-year permit, the fee shall be twenty-five dollars ($25),
255 and the funds shall be distributed to the sheriff. If there is
256 no local law setting the fee for a five-year permit, the fee
257 shall be one hundred twenty-five dollars ($125), and the funds
258 shall be distributed to the sheriff.
259c. A sheriff shall may not charge no a fee for issuing
260 or renewing a permit to a service member, a retired or
261 honorably discharged military veteran, a law enforcement
262 officer as defined by Section 36-30-20, or an honorably
263 retired law enforcement officer eligible for a card under
264 Section 36-21-9.
265(2)a. The fee for a lifetime concealed carry permit
266 shall be three hundred dollars ($300). If an individual
267 applies for a lifetime carry permit within one year after the
268 expiration date of an otherwise valid pistol permit possessed
269 by that individual, or the expiration of any extended renewal
270 period offered by the sheriff, whichever is later, the fee for
271 the lifetime carry permit shall be reduced by an amount equal
272 to the fee paid for the expired permit at the time that
273 expired permit was issued.
274b. Notwithstanding paragraph a., the fee for a lifetime
275 concealed carry permit shall be one hundred fifty dollars
276 ($150) if the applicant is 60 years of age or older at the
277 time of application.
278c. A sheriff shall may not charge no a fee for issuing
279 or renewing a lifetime carry permit to a service member, a
280 retired or honorably discharged military veteran, a law
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281 enforcement officer as defined by Section 36-30-20, or an
282 honorably retired law enforcement officer eligible for a card
283 under Section 36-21-9.
284(3)a. Eighty percent of the fees for a lifetime carry
285 permit shall be distributed to the sheriff of the county of
286 residence of the applicant, to be used for the administration
287 of the concealed carry permit application process and other
288 law enforcement purposes. The remaining 20 percent shall be
289 distributed to the Alabama State Law Enforcement Agency, to be
290 used for the administration of the state firearms prohibited
291 person database and for other law enforcement purposes.
292b. Notwithstanding paragraph a., beginning October 1,
293 2024, the agency may use these funds only for the
294 administration of the state firearms prohibited person
295 database.
296(4) Each sheriff shall ensure that all fees set forth
297 within this section are properly distributed pursuant to this
298 section on a quarterly basis.
299(5) Each sheriff shall prepare a report on the number
300 of permits issued and renewed within the county, and shall
301 include a detailed accounting of fees and their distribution.
302 A sheriff, upon request, shall provide a copy of this report
303 to the Alabama State Law Enforcement Agency or the Legislative
304 Services Agency.
305(g)(1) A permittee who changes his or her permanent
306 address shall report that change of address to the sheriff of
307 the county of his or her new residence within 30 days. Failure
308 by an individual with a valid concealed carry permit or
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309 lifetime carry permit a permittee to report the change of
310 address as directed by this subdivision shall result in the
311 permit being subject to revocation.
312(2) A permittee who loses the physical permit or who
313 has his or her physical permit stolen shall report that lost
314 or stolen permit to the sheriff of the county of his or her
315 residence within 30 days.
316(3) If a permittee changes his or her permanent
317 address, loses his or her concealed carry permit, has his or
318 her concealed carry permit stolen, or desires to replace a
319 damaged concealed carry permit, and requests a new physical
320 permit prior to the expiration date of the concealed carry
321 permit, upon receipt of request and a fee not to exceed
322 twenty-five dollars ($25), the sheriff of the county of
323 residence shall issue a permit in the same manner as provided
324 in subdivision (e)(2).
325(h) At least once every five years from the date of
326 issuance, each a sheriff shall conduct a background check on
327 each individual with a lifetime carry permit issued within his
328 or her county in the same manner as provided in subsection
329 (b), to ensure that the individual has not been convicted of
330 any crime which that would prohibit that the individual from
331 purchasing or possessing a pistol or firearm under state or
332 federal law and that the individual has otherwise remained
333 eligible for a permit based upon the factors provided in
334 subsection (c).
335(i)(1)a. At any point after After an individual is
336 issued a concealed carry permit or lifetime carry permit, and
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337 so long as the permit is valid, if the Alabama State Law
338 Enforcement Agency, a law enforcement officer, or a court
339 becomes aware that the individual has become prohibited from
340 possessing a pistol or firearm under state or federal law, or
341 otherwise concludes that the individual should not possess a
342 permit based on the factors provided for issuance under
343 subsection (c), the agency, officer, or court shall
344 immediately notify the sheriff of the county of residence of
345 the individual. The agency, officer, or court shall furnish
346 relevant evidence along with the notice.
347b. If the sheriff of the county of residence of a
348 permittee becomes aware that a permittee is prohibited from
349 purchasing or possessing a pistol or firearm under federal or
350 state law, or otherwise concludes that the permittee should
351 not possess a concealed carry or lifetime carry permit based
352 on the factors provided for issuance under subsection (c), the
353 sheriff shall revoke the permit.
354c. Immediately upon revocation of a permit, the sheriff
355 shall send notice of that revocation to the individual whose
356 permit was revoked. The notice delivered to the individual
357 shall be in written form, but an additional copy may also be
358 delivered in an electronic form. The notice shall include all
359 of the following:
3601. The name of the individual whose permit has been
361 revoked.
3622. The specific reason for revocation of the permit,
363 including citation to relevant law.
3643. The date of conviction or other event on which the
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365 revocation is based, if applicable.
3664. Information on how the individual may appeal the
367 revocation.
368(2) If the revocation was due to the permittee
369 individual being prohibited from possessing a firearm under
370 federal or state or federal law, the sheriff shall send notice
371 to the Alabama State Law Enforcement Agency, in a form
372 prescribed by the commission, for entry into the state
373 firearms prohibited person database. Upon receipt of a notice
374 of revocation, the Alabama State Law Enforcement Agency shall
375 update the state firearms prohibited person database to
376 reflect that revocation and shall also enter a "Firearms
377 Prohibited Person" notice into the state firearms prohibited
378 person database in the same manner as provided under
379 subdivision (d)(5) paragraph (d)(4)b.
380(3) Upon revocation of a permit, the sheriff of the
381 county of residence of the permittee individual or any other
382 law enforcement officer with a reasonable opportunity shall
383 make reasonable efforts to confiscate the permit card.
384(j)(1) An individual who has been denied a permit under
385 subsection (d), an individual whose permit has been revoked
386 under subsections (g) or (i), or any individual who is listed
387 on the state firearms prohibited person database may appeal
388 the denial, revocation, or database entry to the district
389 court of the county where in which the individual resides.
390 During the court's review of the decision, the sheriff of the
391 county of residence of the individual shall have the burden of
392 proving by clear and convincing evidence that possession of a
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393 pistol or firearm by the individual would be in violation of
394 state or federal law or that the individual otherwise should
395 not possess a permit based on the factors provided for
396 issuance under subsection (c).
397(2) A court hearing an appeal under this subsection
398 shall issue a written determination within 30 days providing
399 the reasoning for the determination, as well as any facts or
400 evidence upon which the determination was based. The court
401 shall deliver written copies of this determination to the
402 individual, the sheriff of the county of residence of the
403 individual, and the Alabama State Law Enforcement Agency.
404(3) A court hearing an appeal under this subsection may
405 waive court costs for the appeal if the court concludes that
406 the appellant demonstrated a reasonable belief that he or she
407 should not be listed on the state firearms prohibited person
408 database or that the denial or revocation was improper.
409(4)a. Within three days of receiving a notice of a
410 court determination that the revocation or denial of a permit
411 was improper, the sheriff shall issue or reissue a physical
412 permit to the applicant in the same manner as provided in
413 subdivision (e)(2).
414b. Within three days of receiving a notice of a court
415 determination that the listing of an individual on the
416 database was improper, the sheriff shall ensure that the
417 results of the appeal are sent to the Alabama State Law
418 Enforcement Agency for entry in the state firearms prohibited
419 person database.
420(k)(1) The name, address, signature, photograph, and
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421 any other personally identifying information collected from an
422 applicant or permittee under this section shall be kept
423 confidential, shall be exempt from disclosure under Section
424 36-12-40, and may only be used for law enforcement purposes
425 except when a current permittee is charged in any state with a
426 felony involving the use of a pistol. All other information on
427 permits under this section, including information concerning
428 the annual number of applicants, number of permits issued,
429 number of permits denied or revoked, revenue from issuance of
430 permits, and any other fiscal or statistical data otherwise,
431 shall remain public writings subject to public disclosure.
432(2) Except as provided above, the sheriff of a county
433 and the Alabama State Law Enforcement Agency shall redact the
434 name, address, signature, photograph, and any other personally
435 identifying information of a permit holder before releasing a
436 copy of a permit for a non-law enforcement purpose. The
437 sheriff or the agency may charge one dollar ($1) per copy of
438 any redacted permit record requested other than when requested
439 for law enforcement purposes.
440(3) To knowingly publish or release to the public in
441 any form any information or records related to the licensing
442 process, or the current validity of any permit, except as
443 authorized in this subsection or in response to a court order
444 or subpoena, is a violation of Act 2021-246 subject to misuse
445 penalties established by rule of the commission.
446(l) A concealed carry permit issued under this section
447 shall be valid for the carrying of a pistol in a motor vehicle
448 or concealed on the permittee's person throughout the state,
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449 unless prohibited by this section.
450(m) This section shall not be construed to limit or
451 place any conditions upon an individual's right to carry a
452 pistol that is not in a motor vehicle or not concealed.
453(n)(m)(1) If a permittee establishes residence in
454 another state, his or her permit shall expire upon the
455 establishment of residence in the other state.
456(2)a. Notwithstanding subdivision (1), if a service
457 member possesses a lifetime concealed carry permit and
458 establishes residence in another state, the permit shall
459 expire upon the establishment of residence in the other state.
460b. Notwithstanding paragraph a., if the service
461 member's establishment of residence in the other state was a
462 result of relocation related to the military service of that
463 service member, and that service member thereafter
464 re-establishes residence in Alabama, the sheriff of the county
465 of residence, upon request of the service member, shall
466 reinstate the lifetime concealed carry permit of that service
467 member.
468(o)(n) Any individual who knowingly or intentionally
469 makes a false statement while applying for a permit or
470 appealing the denial or revocation or database listing under
471 this section shall be guilty of a Class C misdemeanor.
472(p)(o) Nothing in this section shall be construed to
473 permit a sheriff, the Alabama State Law Enforcement Agency, or
474 a court to disregard any federal law or regulation pertaining
475 to the purchase or possession of a pistol or firearm."
476"§13A-11-85
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477(a) A person licensed to carry a handgun pistol in any
478 state shall be authorized to may carry a handgun pistol in
479 this state. This section shall apply to a license holder from
480 another state only while the license holder is not a resident
481 of this state. A license holder from another state shall carry
482 the handgun a pistol in compliance with the laws of this
483 state. The issuance of a permit to carry a pistol pursuant to
484 Section 13A-11-75 or the recognition of a nonresident license
485 under this section does not impose a general prohibition on
486 the carrying of a pistol without a permit.
487(b) The Attorney General may enter into reciprocal
488 agreements with other states for the mutual recognition of
489 licenses to carry handguns pistols and shall periodically
490 publish a list of states which that recognize licenses issued
491 pursuant to Section 13A-11-75."
492"§13A-11-90
493(a) Except as provided in subdivision (b), a public or
494 private employer may restrict or prohibit its employees,
495 including those with a permit issued or recognized under
496 Section 13A-11-75, from carrying firearms while on the
497 employer's property or while engaged in the duties of the
498 person's employment.
499(b)(1) A public or private employer may not restrict or
500 prohibit the transportation or storage of a lawfully possessed
501 pistol or ammunition for that pistol in an employee's
502 privately owned motor vehicle while parked or operated in a
503 public or private parking area; provided, that if the employee
504 satisfies all of the following conditions:
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505a. The motor vehicle is operated or parked in a
506 location where it is otherwise permitted to be.
507b. The pistol is either of the following:
5081. In a motor vehicle attended by the employee, kept
509 from ordinary observation within the person's motor vehicle.
5102. In a motor vehicle unattended by the employee, kept
511 from ordinary observation and locked within a compartment,
512 container, or in the interior of the person's privately owned
513 motor vehicle or in a compartment or container securely
514 affixed to the motor vehicle.
515c. The employee possesses a valid carry permit issued
516 pursuant to Section 13A-11-75 or recognized pursuant to
517 Section 13A-11-85.
518(2) A public or private employer may not restrict or
519 prohibit the transportation or storage of a lawfully possessed
520 firearm legal for use for hunting in Alabama other than a
521 pistol, or ammunition for that firearm, in an employee's
522 privately owned motor vehicle while parked or operated in a
523 public or private parking area if the employee satisfies all
524 of the following apply:
525a. The employee possesses a valid Alabama hunting
526 license.
527b. The weapon is unloaded at all times on the property.
528c. It is during a season in which hunting is permitted
529 by Alabama law or regulation.
530d. The employee has never been convicted of any crime
531 of violence as that term is defined in Section 13A-11-70, nor
532 of any crime set forth in Chapter 6, nor is subject to a
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533 domestic violence protection order, as that term is defined in
534 Section 13A-6-141.
535e. The employee has no documented prior workplace
536 incidents involving the threat of physical injury or which
537 resulted in physical injury.
538f. The motor vehicle is operated or parked in a
539 location where it is otherwise permitted to be.
540g. The firearm is either of the following:
5411. In a motor vehicle attended by the employee, kept
542 from ordinary observation within the person's motor vehicle.
5432. In a motor vehicle unattended by the employee, kept
544 from ordinary observation and locked within a compartment,
545 container, or in the interior of the person's privately owned
546 motor vehicle or in a compartment or container securely
547 affixed to the motor vehicle.
548(c) If an employer believes that an employee presents a
549 risk of harm to himself, herself, or to others, the employer
550 may inquire as to whether the employee possesses a firearm in
551 his or her private motor vehicle. If the employee does possess
552 a firearm in his or her private motor vehicle on the property
553 of the employer, the employer may make any inquiry necessary
554 to establish that the employee is in compliance with
555 subsection (b).
556(1) If the employee is not in compliance with
557 subsection (b), the employer may take adverse employment
558 action against the employee, in the discretion of the
559 employer.
560(2) If the employee has been in compliance with
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561 subsection (b) at all times, the employer may not take adverse
562 employment action against the employee based solely on the
563 presence of the firearm.
564(d) If an employer discovers by other means that an
565 employee is transporting or storing a firearm in his or her
566 private motor vehicle, the employer may not take any adverse
567 employment action against the employee based solely on the
568 possession of that firearm if the employee has complied with
569 the requirements in subsection (b).
570(e) Nothing in this section shall prohibit an employer
571 from reporting to law enforcement a complaint based upon
572 information and belief that there is credible evidence of any
573 either of the following:
574(1) That the employee's motor vehicle contains:
575a. A firearm prohibited by state or federal law.; or
576b. Stolen property or a prohibited or illegal item
577 other than a firearm.
578(2) A threat made by an employee to cause bodily harm
579 to themselves or others.
580(f) If a law enforcement officer, pursuant to a valid
581 search warrant or valid warrantless search based upon probable
582 cause, exigent circumstances, or other lawful exception to the
583 search warrant requirement, discovers a firearm prohibited by
584 state or federal law, stolen property, or a prohibited or
585 illegal item other than a firearm, the employer may take
586 adverse employment action against the employee.
587(g) Notwithstanding subsection (f), if the employee has
588 fully complied with the requirements of subsection (b) and
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589 does not possess a firearm prohibited by state or federal law,
590 that the employee is entitled to recovery as specified in this
591 subsection for any adverse employment action against the
592 employee. If demand for the recovery has not been satisfied
593 within 45 calendar days, the employee may file a civil action
594 in the appropriate court of this state against the public or
595 private employer. A plaintiff is entitled to seek an award of
596 all both of the following:
597(1) Compensation, if applicable, for lost wages or
598 benefits.
599(2) Compensation, if applicable, for other lost
600 remuneration caused by the termination, demotion, or other
601 adverse action.
602(h) The license requirements set forth in subdivision
603 (b)(1) are for the purposes of this section only in order to
604 determine whether an employee may transport or store a
605 lawfully possessed firearm or ammunition in an employee's
606 privately owned motor vehicle while parked or operated in a
607 public or private parking area owned by the employer and shall
608 not be construed to otherwise expand the requirements for the
609 lawful possession of a firearm. These requirements shall not
610 be interpreted to mean that the laws of the State of Alabama
611 this state create any new connection between the possession of
612 a hunting license and the right of a citizen to keep and bear
613 arms.
614(i) Prohibitions regarding the carrying of a firearm
615 under this section shall not apply to law enforcement officers
616 engaged in the lawful execution of their official duties.
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617(j) Nothing in this section shall be construed to
618 authorize the transportation, carrying, storing, or possession
619 of a firearm or ammunition where prohibited by federal law."
620Section 3. Sections 13A-11-70, 13A-11-72.1, and
621 41-27-3.3, Code of Alabama 1975, are amended to make
622 conforming changes to read as follows:
623"§13A-11-70
624For the purposes of this division, the following terms
625 shall have the respective meanings ascribed by this section:
626(1) COMMISSION. The Alabama Justice Information
627 Commission.
628(2)(1) CONCEALED CARRY PERMIT or PISTOL PERMIT. A
629 permit to carry a pistol in a vehicle or concealed on or about
630 his or her person within the state.
631(1) COMMISSION. The Alabama Justice Information
632 Commission.
633(3) CRIME OF VIOLENCE. Any of the following crimes or
634 an attempt to commit any of them, namely, : murder,
635 manslaughter, ( except manslaughter arising out of the
636 operation of a vehicle), rape, mayhem, assault with intent to
637 rob, assault with intent to ravish, assault with intent to
638 murder, robbery, burglary, and kidnapping. "Crime of violence"
639 shall also mean The term includes any Class A felony or any
640 Class B felony that has as an element serious physical injury,
641 the distribution or manufacture of a controlled substance, or
642 is of a sexual nature involving a child under the age of 12.
643(4) HONORABLY DISCHARGED VETERAN. An individual
644 honorably discharged from active duty in the Army, the Navy,
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645 the Marine Corps, the Air Force, the Space Force, or the Coast
646 Guard of the United States, or any reserve or National Guard
647 component of the United States Armed Forces, as evidenced by
648 his or her DD Form 214, Record and Report of Separation
649 Honorable Discharge Record, or other applicable documentation.
650(5) LIFETIME CONCEALED CARRY PERMIT or LIFETIME CARRY
651 PERMIT. A concealed carry permit that is valid for the
652 lifetime of the permit holder.
653(6) PERSON. Such The term includes any firm,
654 partnership, association, or corporation.
655(7) PISTOL. Any firearm with a barrel less than 12
656 inches in length.
657(8) RETIRED MILITARY VETERAN. An individual who is a
658 retiree from active duty in the Army, the Navy, the Marine
659 Corps, the Air Force, the Space Force, or the Coast Guard of
660 the United States, or any reserve or National Guard component
661 of the United States Armed Forces.
662(9) SERVICE MEMBER. An individual who is in military
663 service and is a member of the armed services or reserve
664 forces of the United States or a member of the Alabama
665 National Guard."
666"§13A-11-72.1
667(a) Within 30 days after a conviction or final order in
668 a case involving a misdemeanor charge of domestic violence, as
669 defined in Section 13A-11-72, all municipal, probate,
670 district, and circuit courts, electronically or in a method
671 determined by the Alabama Justice Information Commission,
672 shall report to the Alabama State Law Enforcement Agency for
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673 entry into the state firearms prohibited person database.
674(b) All municipal courts shall also report to the
675 Alabama State Law Enforcement Agency in a method determined by
676 the commission for inclusion into the state firearms
677 prohibited person database all other criminal convictions and
678 orders that would cause an individual to be prohibited from
679 possessing a firearm under federal or state law.
680(c)(1) Within 30 days of a conviction or issuance of a
681 court order that would result in an individual being
682 prohibited from possessing a firearm under federal or state
683 law, each municipal, county, and state court shall forward to
684 the Alabama State Law Enforcement Agency, in a manner
685 prescribed by the commission, that conviction or court order.
686(2)a. A court shall report to the Alabama State Law
687 Enforcement Agency, in a method determined by the commission,
688 updates to any conviction or court order that was previously
689 forwarded to the Alabama State Law Enforcement Agency,
690 including notice of any appeal, expungement, pardon,
691 commutation, or restoration of civil rights.
692b. Upon receipt of notice of any appeal, expungement,
693 pardon, commutation, or restoration of civil rights that would
694 nullify the reason why an individual is prohibited from
695 possessing a firearm under federal or state law, the Alabama
696 State Law Enforcement Agency shall accordingly adjust or
697 remove that individual's information in the state firearms
698 prohibited persons database.
699(d) Upon reporting a conviction or order to the Alabama
700 State Law Enforcement Agency pursuant to this section, a court
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701 may collect fifty dollars ($50) in additional court costs, to
702 be paid by the individual. Court costs collected under this
703 subsection shall be distributed as follows:
704(1) Ninety percent to the sheriff of the county in
705 which the court is located, to be used for the administration
706 of the concealed carry permit application process and other
707 law enforcement purposes.
708(2) Ten percent to the reporting court."
709"§41-27-3.3
710(a) Act 2021-246 shall be known and may be cited as the
711 Alabama Uniform Concealed Carry Permit Act.
712(b)(a)(1) No later than October 1, 2022, the The
713 Alabama State Law Enforcement Agency shall develop, create,
714 maintain, and administer a state firearms prohibited person
715 database and shall send written notice to the Governor and the
716 Director of the Legislative Services Agency certifying that
717 the database is operational and fully compliant with Act
718 2021-246. This database shall be linked to the state Law
719 Enforcement Tactical System so that all "Firearms Prohibited
720 Person" notices are viewable by law enforcement officers and
721 other authorized persons through the Law Enforcement Tactical
722 System. The database shall provide a method for municipal,
723 probate, district, and circuit courts to report convictions
724 and orders that affect an individual's eligibility to possess
725 a firearm under federal or state law. Upon request by a
726 sheriff, the agency shall share any information from the
727 database with the sheriff.
728(2) The Alabama State Law Enforcement Agency may
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729 contract with a third party for the development, creation, and
730 maintenance of the state firearms prohibited person database,
731 but the agency shall administer the database in a method as
732 determined by the Alabama Justice Information Commission.
733(3) Except as otherwise provided in Act 2021-246, any
734 information in the database shall be kept confidential, shall
735 be exempt from disclosure under Section 36-12-40, and may only
736 be used for law enforcement purposes except when an individual
737 in the database is charged in any state with a felony
738 involving the use of a firearm.
739(c) A sheriff may provide for application, review, and
740 renewal of a concealed carry permit through electronic means,
741 as well as maintenance of records of applications, issued
742 permits, and denied permits through electronic means. A
743 sheriff may also accept payment for a permit by a debit or
744 credit card or other consumer electronic payment method. Any
745 transaction or banking fee charged for the electronic payment
746 method shall be paid by the applicant.
747(d) The Alabama Justice Information Commission may
748 adopt rules to implement Act 2021-246; provided, the
749 commission shall not place additional conditions or
750 requirements on the issuance of a concealed carry permit or
751 limit its scope and applicability.
752(e) Act 2021-246 shall not be construed to limit or
753 place any conditions upon an individual's right to carry a
754 pistol that is not in a motor vehicle and not concealed on or
755 about his or her person.
756(f) Any pistol permit issued prior to January 1, 2023,
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757 shall remain valid until its expiration date."
758Section 4. Section 13A-11-74.1, Code of Alabama 1975,
759 relating to carrying a pistol without a permit, is repealed.
760Section 5. This act shall become effective on October
761 1, 2026.
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