Alabama prohibits possession of a firearm by individuals who have been convicted of misdemeanor domestic violence offenses and by individuals subject to a valid protection order for domestic abuse.1
The term “misdemeanor offense of domestic violence” as used in this section means a misdemeanor offense that has, as its elements, the use or attempted use of physical force or the threatened use of a dangerous instrument or deadly weapon, and the victim is a current or former spouse, parent, step-parent, child, step-child, grandparent, step-grandparent, grandchild, step-grandchild, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating relationship with the defendant.2
The term “valid protection order” means an order issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate, that:
- Restrains the respondent from harassing, stalking, or threatening a qualified individual or a child of a qualified individual,
- Restrains the respondent from engaging in other conduct that would place a qualified individual in reasonable fear of bodily injury to the individual or child and that includes a finding that the person represents a credible threat to the physical safety of the qualified individual or child, or
- Explicitly prohibits the use, attempted use, or threatened use of physical force against the qualified individual or child that would reasonably be expected to cause bodily injury. 2
A qualified individual is an individual who:
- Cohabitates or has cohabited with the person.
- Has a current or former marriage, including common law marriage, with the defendant.
- Has a child in common with the defendant regardless of whether the victim and defendant have ever been married and regardless of whether they are currently residing or have in the past resided together in the same household.
- Has or had a dating relationship with the defendant. A dating relationship does not include a casual or business relationship or a relationship that ended more than 12 months prior to the filing of the petition for a protection order.
- Is a parent, stepparent, child, or stepchild of the person.
- Is a grandparent, step-grandparent, grandchild, or step-grandchild of the person.3
Alabama law also authorizes a judge or magistrate, who is releasing a person who has been charged with domestic violence or violation of a protection order on bail, to prohibit the person from possessing a firearm, as a condition of bail, except when such weapon is necessary for the person’s employment as a peace officer or military personnel.4Alabama law still does not:
- Require courts to notify people when they become prohibited from possessing firearms or ammunition due to domestic violence under state or federal law ;
- Require the surrender of firearms or ammunition by people who have become prohibited from possessing them due to domestic violence under state or federal law ; or
- Explicitly authorize or require the removal of firearms or ammunition at the scene of a domestic violence incident, although Alabama authorizes a law enforcement officer to disarm an individual if the officer reasonably believes that it is immediately necessary for the protection of the officer or another individual. Alabama also makes it the duty of an officer arresting a person charged with unlawfully possessing a firearm to seize any handguns in that person’s possession or control.5
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