Alabama House committee OKs bill revising state law on firearm bans

An Alabama House committee approved legislation that puts a five-year time limit on firearm bans for certain felony convictions  and enhances the criminal penalty for people who fire into a building with people in it.

SB 119, sponsored by Sen. Will Barfoot, R-Pike Road, revises state laws on who is barred from owning a firearm and enhances some penalties around it. .

“We looked at, ‘What are some issues, or problems and concerns that we have as it relates to individuals who possess firearms, and have been convicted, either relatively close proximity to the date that they are found in possession of a firearm or, if they have been convicted of multiple felonies before.”

The Senate approved the bill earlier this month.

Current law makes it a felony punishable by up to 10 years in prison for anyone convicted of a crime of violence, a misdemeanor charge of domestic abuse, someone subject to a protective order or someone of “unsound mind” to possess a firearm. Barfoot’s bill keeps that ban in place but adds new language to extend the ban to anyone charged with those crimes, though they cannot be convicted of possession unless first being convicted of the original crimes they were charged with.

The bill also says the ban applies to anyone convicted of a felony offense “within the previous five years.” It also bans anyone who has three felony convictions from possessing a firearm.

Those who violate the ban may be charged with a Class C felony, punishable by up to 10 years in prison and a $15,000 fine.

The bill also extends a prohibition on carrying deadly weapons “with intent to do bodily harm” to private as well as public schools. It also enhances the criminal penalties for people who shoot into a building with people, going from a Class B felony, punishable by up to 20 years in prison and a $30,000 fine, to a Class A felony, punishable by up to life in prison without the possibility of parole. The legislation also allows courts to deny bail to those charged with shooting into an occupied building.

The bill leaves in place the penalty for shooting into a building without people at a Class C felony.

Rep. Bryan Brinyark, R-Windham Springs, had concerns with a specific line within the legislation.

‘“A person of ‘unsound mind’, and that is just so vague to me,” he said. “Who makes that decision, it doesn’t break that down. That gives me a little bit of concern but is a good bill. I appreciate what you are doing.”

The bill moves to the full House.