Alabama Legislature to consider new gun restrictions

The 2025 Alabama Legislative session n does not begin until early February; but already the wheels are in motion for the next session and legislators are already prefiling dozens of bills.

Legislators have already filed four bills restricting firearms. House Bill 26 (HB26) by State Rep. Phillip Ensler (D-Montgomery), HB23 by Rep. Kenyatta Hassell (D-Montgomery), HB13 by Rep. Juandalynn Givan (D-Birmingham), and HB12 – also by Givan.

HB26, the Glock switch bill, by Ensler is likely to pass in some form as it passed the House last session and got bogged down at the end in the Senate with the bickering over the failed gambling bill. HB26 makes it a Class C felony for any citizen to possess "a pistol with a part or combination of parts designed or intended to covert a pistol into a machine gun installed on or attached to the pistol."

HB26 is sponsored by Ensler. Ensler has introduced gun bills every session since joining the Legislature. What indicates that this will pass is because it is cosponsored by Representatives Allen Treadaway (R-Morris) - who is the Chairman of the House Public Safety and Homeland Security Committee where the bill has been assigned. It is also Co-sponsored by Rep. Russell Bedsole (R-Alabaster) who is a Captain in the Shelby County Sheriff's Department, former Huntsville Police Chief Rep. Rex Reynolds (R-Huntsville) who chairs the House Committee tasked with the general fund budget, and Rep. Travis Hendrix who works for the Birmingham Police Department, Four cosponsors -all professional law enforcement officers - is an indicator tells me that law enforcement collectively is supportive of this bill. Outside of the permitless carry bill in 2022 law enforcement usually gets their way in the Republican controlled Legislature.

HB12 by Juandalynn Givan would make it illegal under the Alabama law for any Alabamian to possess a bump stock. Bump stocks are legal to own and possess after the Supreme Court overturned a dubious rule by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Gun rights supporters are likely to oppose this legislation. It has been assigned to the House Judiciary Committee chairman by Rep. Jim Hill (R-Odenville).

The criminal penalty for violating this prohibition would be a Class C felony – the same penalty for using or possessing a short barreled rifle or shotgun. Law enforcement officers are exempted from the sawed off shotgun ban and they similarly are exempted in this piece of legislation. If passed by both Houses of the state legislature and signed by the governor this would become law on October 1, 2025.

HB13, also by Representative Givan is also before the House Judiciary Committee. It would "prohibit the sale or transfer of an assault weapon to any person under 18 years of age."

This bill would also "prohibit any person under 18 years of age from possessing an assault weapon."

Definitions are a major issue when it comes to law. Everyone likely has their own definition in their mind of what is or is not an "assault weapon." The definition of assault weapon used by this bill is a very broad one.

For the purpose of this legislation assault weapon is defined as "A weapon that is:

1. A semiautomatic rifle that has the capacity to accept a detachable magazine and has one or more of the following:

(i) A pistol grip that protrudes conspicuously beneath the action of the weapon.

(ii) A thumbhole stock.

(iii) A folding or telescoping stock.

(iv) A second handgrip or a protruding grip that can be held by the nontrigger hand.

(v) A flash suppressor, muzzle break, muzzle compensator, or threaded barrel designed to accommodate a flash suppressor, muzzle break, or muzzle compensator.

(vi) A grenade launcher or flare launcher.

2. A semiautomatic pistol or a semiautomatic, centerfire, or rimfire rifle with a fixed magazine that has the capacity to accept more than 10 rounds of ammunition.

3. A semiautomatic pistol that has the capacity to accept a detachable magazine and has one or more of the following:

(i) Any feature capable of functioning as a protruding grip that can be held by the nontrigger hand.

(ii) A threaded barrel capable of accepting a flash suppressor, forward handgrip, or silencer.

(iii) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the nontrigger hand without being burned, but excluding a slide that encloses the barrel.

(iv) The capacity to accept a detachable magazine at any location outside of the pistol grip.

4. A semiautomatic, centerfire, or rimfire rifle that has an overall length of less than 30 inches.

5. A semiautomatic shotgun that has all of the following:

(i) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.

(ii) A folding or telescoping stock.

(iii) An ability to accept a detachable magazine.

6. A shotgun with a revolving cylinder.

7. A conversion kit, part, or combination of parts from which an assault weapon can be assembled if those parts are in the possession or under the control of the same person.

8. A machine gun or any part or combination of parts designed or intended to convert a firearm into a machine gun.

b. The term does not include an antique firearm, any firearm that has been made permanently inoperable, or any firearm that is manually operated by bolt, pump, lever, or slide action."

Most modern squirrel guns would qualify as an assault weapon under the definition that Givan is using in this bill

The crime of underage possession of an assault weapon would be a Class C felony-meaning the citizen convicted of this would lose their gun rights forever - and possibly do a number of years in the Alabama prison system.

This act would become effective on October 1, 2025.

HB23 By Representative Hassell is also before the House Judiciary Committee.

HB23 "would require a person to have to legally carry an assault weapon in a vehicle or on his or her person. This bill would require a person to have a permit to purchase or otherwise acquire an assault weapon."

This bill would provide exceptions for certain entities and circumstances from these requirements. It exempts antique firearms from the permit requirement.

(1) ANTIQUE FIREARM. A firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system. The term includes any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade."

Hassel uses the same definition of assault weapon that Givan is using.

"No person shall knowingly carry an assault weapon in a vehicle or on his or her person unless he or she possesses a valid assault weapon permit issued in accordance with this section.

No person shall purchase or otherwise acquire an assault weapon unless he or she possesses a valid assault weapon permit issued in accordance with this section

(c) A person who acquires an assault weapon by means or bequest or intestate succession shall have a grace period of 90 days from the date of acquisition to apply for an assault weapon permit.

(d) A person may apply to the sheriff of the county in which he or she resides for the issuance or renewal of an assault weapon permit. An assault weapon permit shall be issued or renewed at the discretion of the sheriff according to the procedures for issuing and renewing a concealed carry permit as provided in Section 13A-11-75, Code of Alabama 1975.

The fee for an assault weapon permit, and the distribution of funds collected therefrom, shall be as provided for a concealed carry permit in Section 13A-11-75, Code of Alabama1975.

(e) A violation of subsection (b) is a Class C felony.

(f) This section shall not apply to any of the following:

(1) A federal, state, or local law enforcement officer or member of the military or naval forces of this state or of the United States while acting in an official capacity.

(2) A person who possesses a federal firearm license

(3) A person that is on land under his or her control, in his or her place of residence, or in his or her fixed place of business.

Section 2. This act shall become effective on October 1, 2025.

Pro-Second Amendment groups are likely to oppose these four bills while anti-gun groups are likely to support these and other bills restricting Second Amendment rights.

Dozens of bills have been prefiled and hundreds more will come between now and the start of the legislative session.