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SB156 INTRODUCED
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SB156
AR8X9SS-1
By Senators Coleman, Figures, Smitherman
RFD: Judiciary
First Read: 14-Jan-26
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AR8X9SS-1 01/13/2026 CMH (L)bm 2026-115
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First Read: 14-Jan-26
SYNOPSIS:
This bill would establish the Gun Violence
Protective Order Act.
This bill would authorize courts to issue ex
parte gun violence protective orders and one-year gun
violence protective orders, which may be authorized if
the court finds that the respondent, as defined, poses
an immediate and present danger of causing personal
injury to self or others.
This bill would provide that upon the issuance
of an ex parte or one-year gun violence protective
order, the court shall order the respondent to
surrender to the local law enforcement agency all
firearms and ammunition of which the respondent has
custody, control, ownership, or possession.
This bill would provide for the renewal or early
termination of a one-year gun violence protective order
under certain conditions.
This bill would provide criminal penalties for a
violation.
A BILL
TO BE ENTITLED
AN ACT
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AN ACT
Relating to firearms; to establish the Gun Violence
Protective Order Act; to provide for the issuance of ex parte
gun violence protective orders and one-year gun violence
protective orders; to require the surrender of all firearms
and ammunition of a person subject to an ex parte gun violence
protective order or one-year gun violence protective order; to
provide for the renewal or early termination of an order; and
to provide criminal penalties for a violation.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as
the Gun Violence Protective Order Act.
Section 2. The Legislature finds and declares the
following:
(1) Over 100,000 people become victims of a gunshot
wound each year and more than 30,000 of those victims lose
their lives.
(2) Federal law prohibits any individual subject to
certain domestic violence restraining orders from purchasing
or possessing firearms. Many states have similar laws. About
half of the states also authorize or require a court that is
issuing a domestic violence protective order to require the
abuser to surrender firearms that he or she may already have
in his or her possession. This act is modeled on existing
domestic violence laws that have firearms surrender
provisions.
(3) Studies have shown that an individual who engages
in certain dangerous behaviors is significantly more likely to
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in certain dangerous behaviors is significantly more likely to
commit an act of violence toward himself or herself or others
in the near future. These behaviors, which might include other
acts or threats of violence, self-harm, or the abuse of drugs
or alcohol, serve as warning signs that the individual might
soon commit an act of violence.
(4) Under federal law, an individual suffering from
mental illness is not prohibited from purchasing or possessing
a firearm unless he or she has been involuntarily committed to
a mental institution, found not guilty of a crime by reason of
insanity, or undergone some other formalized court proceeding
regarding his or her mental illness. Similarly, an individual
who has committed a violent act toward another is not
prohibited from possessing a firearm under federal law until
after he or she has been convicted of a felony or domestic
violence misdemeanor.
(5) It is the purpose and intent of the Legislature to
reduce firearm deaths and injuries by providing a formal court
procedure that law enforcement officers, teachers, and family
members may use to obtain a court order that prevents an
individual who poses a significant danger of causing personal
injury to self or others from gaining access to firearms and
ammunition. The Legislature intends for these court orders to
be limited to situations in which the individual poses a
significant danger of causing personal injury to self or
others by owning, purchasing, controlling, possessing, or
receiving a firearm or ammunition.
Section 3. The following terms have the following
meanings:
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meanings:
(1) EX PARTE GUN VIOLENCE PROTECTIVE ORDER. An order
issued by a court, pursuant to Section 5, that prohibits the
respondent from owning, purchasing, controlling, possessing,
or receiving firearms or ammunition until a court-scheduled
hearing for a one-year gun violence protective order.
(2) FAMILY MEMBER. An individual related by blood,
marriage, or adoption to the respondent, current or former
dating partner of the respondent, and any individual who
resides or has resided with the respondent or who is acting or
has acted as the respondent's legal guardian.
(3) FIREARM. A weapon from which a shot is discharged
by gun powder.
(4) ONE-YEAR GUN VIOLENCE PROTECTIVE ORDER. An order
issued by a court, pursuant to Section 6, prohibiting the
respondent from owning, purchasing, controlling, possessing,
or receiving guns or ammunition for a period of one year.
(5) PETITIONER. A law enforcement officer, teacher, or
family member of the respondent who files a petition pursuant
to Section 4.
(6) RESPONDENT. The individual identified in the
petition filed under Section 4, Section 5, or Section 6.
(7) TEACHER. A teacher, school administrator, school
counselor, college professor, student teacher, safety or
resource officer, or coach of the respondent.
Section 4. (a) A petitioner may seek a gun violence
protective order by filing a verified petition on a form
approved by the Administrative Office of Courts in the court
of the county where the respondent resides.
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of the county where the respondent resides.
(b) The petition shall set forth the grounds for the
issuance of the order and shall describe the number, types,
and locations of any firearms or ammunition presently believed
by the petitioner to be possessed or controlled by the
respondent. The petition shall also state whether there is an
existing domestic violence protective order in effect
governing the respondent and whether there is any pending
lawsuit, complaint, petition, or other action between the
parties under the laws of this state. The court administrator
shall verify the terms of any existing order governing the
parties. The court may not delay granting relief because of
the existence of a pending action between the parties or the
necessity of verifying the terms of an existing order. A
petition for a gun violence protective order may be granted
whether or not there is a pending action between the parties.
(c) If the respondent is alleged to pose an immediate
and present danger of causing personal injury to a family
member, or a family member is alleged to have been the target
of a threat or act of violence by the respondent, the
petitioner shall make a good faith effort to provide notice to
any and all adult family members of the respondent. The notice
must state that the petitioner intends to petition the court
for a gun violence protective order, and, if the petitioner is
a law enforcement officer, must also include a referral to
relevant domestic violence or stalking advocacy or counseling
resources, if appropriate. The petitioner shall attest to
having provided the notice in the verified petition. If the
petitioner is unable to provide notice to any or all adult
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petitioner is unable to provide notice to any or all adult
family members of the respondent, the verified petition shall
describe what good faith efforts were made.
(d) All health records and other health information
provided in a petition or considered as evidence in a
proceeding under this act shall be protected from public
disclosure to the extent the information identifies a
respondent or petitioner, except that the information may be
provided to law enforcement agencies as set forth in Section
10. Aggregate statistical data about the numbers of gun
violence protective orders issued, renewed, denied, dissolved,
or terminated shall be available to the public upon request.
(e) Upon receipt of the petition, the court shall set a
date for a hearing within 14 calendar days, regardless of
whether the court issues an ex parte gun violence protective
order. If the court issues an ex parte gun violence protective
order, notice of the hearing shall be served on the respondent
with the ex parte order. Notice of the hearing shall be
personally served on the respondent by a law enforcement
officer.
(f) The Administrative Office of Courts shall prescribe
the form of the petitions, orders, and any other documents and
shall adopt any rules of court necessary for the
implementation of this act.
Section 5. (a) A petitioner may request that an ex
parte order be issued prior to a hearing for a one-year gun
violence protective order, without notice to the respondent,
by including in the petition detailed allegations based on
personal knowledge that the respondent poses an immediate and
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personal knowledge that the respondent poses an immediate and
present danger of causing personal injury to self or others
through his or her ownership, purchase, control, possession,
or receipt of a firearm or ammunition.
(b) The court shall issue or deny an ex parte gun
violence protective order on the same day that the petition is
submitted to the court, unless the petition is filed too late
in the day to allow for its effective review, in which case
the order shall be issued or denied on the next business day.
(c) Before issuing an ex parte gun violence protective
order, the court shall examine under oath the petitioner and
any witnesses the petitioner may produce. The court may also
do the following:
(1) Ensure that a reasonable search has been conducted
of all available records to determine whether the respondent
owns any firearms or ammunition.
(2) Ensure that a reasonable search has been conducted
for criminal history records related to the respondent.
(d) In determining whether grounds for an ex parte gun
violence protective order exists, the court shall consider all
relevant evidence presented by the petitioner, and may also
consider other relevant evidence, including, but not limited
to, evidence of the occurrence of any of the following events
by the respondent:
(1) Unlawful, reckless, or negligent use, display,
storage, possession, or brandishing of a firearm.
(2) Act or threat of violence against self or another,
whether or not the violence involved a firearm.
(3) Violation of a protective order issued under
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(3) Violation of a protective order issued under
Chapter 5 or Chapter 5B of Title 30 of the Code of Alabama
1975, or a similar law in another state.
(4) Abuse of controlled substances or alcohol or any
criminal offense that involves controlled substances or
alcohol.
(5) The recent acquisition of firearms, ammunition, or
other deadly weapons.
(e) The court shall also consider the time that has
elapsed since the occurrence of any event described in
subsection (d).
(f) If a court finds reasonable cause to believe that
the respondent poses an immediate and present danger of
causing personal injury to self or others by owning,
purchasing, controlling, possessing, or receiving a firearm or
ammunition, the court shall issue an ex parte gun violence
protective order.
(g) An ex parte gun violence protective order shall
include all of the following:
(1) A statement that the respondent may not own,
purchase, control, possess, or receive, or attempt to purchase
or receive, a firearm or ammunition while the order is in
effect.
(2) A description of the requirements for
relinquishment of firearms and ammunition under Section 8.
(3) A statement of the grounds asserted for the order.
(4) A notice of the hearing under Section 4(e) to
determine whether to issue a one-year gun violence protective
order, including the address of the court and the date and
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order, including the address of the court and the date and
time for when the hearing is scheduled.
(5) A statement that the court may extend the order by
one year at the hearing.
(6) A statement that the respondent may seek the advice
of an attorney as to any matter connected with the order, and
that the attorney should be consulted promptly so that the
attorney may assist the individual in any matter connected
with the order.
(h) An ex parte gun violence protective order shall be
personally served on the respondent by a law enforcement
officer.
(i) In accordance with Section 4(e), the court shall
schedule a hearing within 14 calendar days of the issuance of
an ex parte gun violence protective order to determine if a
one-year gun violence protective order shall be issued. A
respondent may seek an extension of time before the hearing.
The court shall dissolve any ex parte gun violence protective
order in effect against the respondent when the court holds
the hearing.
Section 6. (a) A petitioner requesting a one-year gun
violence protective order shall include in the petition
detailed allegations based on personal knowledge that the
respondent poses a substantial danger of causing personal
injury to self or others through his or her ownership,
purchase, control, possession, or receipt of a firearm or
ammunition.
(b) Prior to a hearing for a one-year gun violence
protective order, the court shall do both of the following:
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protective order, the court shall do both of the following:
(1) Ensure that a reasonable search has been conducted
of all available records to determine whether the respondent
owns any firearms or ammunition.
(2) Ensure that a reasonable search has been conducted
for criminal history records related to the respondent.
(c) In determining whether to issue a one-year gun
violence protective order under this section, the court shall
consider all relevant evidence presented by the petitioner and
may also consider other relevant evidence, including, but not
limited to, evidence of events identified in Section 5(d).
(d) If the court finds by a preponderance of the
evidence at the hearing that the respondent poses a
substantial danger of personal injury to self or others
through his or her ownership, purchase, control, possession,
or receipt of a firearm or ammunition, the court shall issue a
one-year gun violence protective order.
(e) A one-year gun violence protective order issued
under this section shall include all of the following:
(1) A statement that the respondent may not own,
possess, control, purchase, or receive, or attempt to purchase
or receive, a firearm or ammunition while the order is in
effect.
(2) A description of the requirements for
relinquishment of firearms and ammunition under Section 8.
(3) A statement of the grounds supporting the issuance
of the order.
(4) The date and time the order expires.
(5) The address of the court that issued the order.
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(5) The address of the court that issued the order.
(6) A statement that the respondent shall have the
right to request one hearing to terminate the order at any
time during its effective period.
(7) A statement that the respondent may seek the advice
of an attorney as to any matter connected with the order.
(f) If the respondent fails to appear at the hearing
and the court determines that a one-year gun violence
protective order shall be issued, the order shall be
personally served on the respondent by a law enforcement
officer.
Section 7. (a) A respondent subject to a one-year gun
violence protective order may submit one written request at
any time during the effective period of the order for a
hearing to terminate the order.
(1) Upon receipt of the request for termination, the
court shall set a date for a hearing. Notice of the request
shall be served on the petitioner in accordance with the
Alabama Rules of Civil Procedure. The hearing shall occur no
sooner than 14 calendar days from the date of service of the
request upon the petitioner.
(2) The respondent seeking termination of the order
shall have the burden of proving by a preponderance of the
evidence that the respondent does not pose a substantial
danger of causing personal injury to self or others through
his or her ownership, purchase, control, possession, or
receipt of a firearm or ammunition.
(3) If the court finds that the respondent has met his
or her burden, the court shall terminate the order.
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or her burden, the court shall terminate the order.
(b) A petitioner may request a renewal of a one-year
gun violence protective order at any time within the three
months before the expiration of the order.
(1) A court, after notice and a hearing, may renew the
one-year gun violence protective order if the court, by a
preponderance of the evidence, finds that the respondent
continues to pose a substantial danger of causing personal
injury to self or another through his or her ownership,
purchase, control, possession, or receipt of a firearm or
ammunition.
(2) In determining whether to renew a one-year gun
violence protective order, the court shall consider all
relevant evidence presented by the petitioner, and may also
consider other relevant evidence, including, but not limited
to, evidence of the events identified in Section 5(d).
(3) A one-year gun violence protective order renewed
under this subsection shall expire after one year, subject to
termination by further order of the court at a hearing held
under subsection (a) and further renewal by order of the court
under this subsection.
Section 8. (a) Upon issuance of an ex parte or one-year
gun violence protective order, the court shall order the
respondent to surrender to the local law enforcement agency
all firearms and ammunition of which the respondent has
custody, control, or ownership.
(b) A law enforcement officer serving a gun violence
protective order shall request that all firearms and
ammunition belonging to or in the custody or control of the
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ammunition belonging to or in the custody or control of the
respondent be immediately surrendered and shall take
possession of the firearms and ammunition that are
surrendered. A law enforcement officer serving a gun violence
protective order may conduct a lawful search for firearms and
ammunition.
(c) At the time of surrender or removal, a law
enforcement officer taking possession of a firearm or
ammunition pursuant to a gun violence protective order shall
issue a receipt identifying all firearms and ammunition that
have been surrendered or removed and provide a copy of the
receipt to the respondent. Within 72 hours after serving the
order, the officer who served the order shall file the
original receipt with the court that issued the gun violence
protective order, and shall ensure that the law enforcement
agency retains a copy of the receipt.
(d) If a petitioner has probable cause to believe a
respondent to a gun violence protective order owns, controls,
or possesses a firearm or ammunition that the respondent has
failed to surrender pursuant to this section, or has received
or purchased a firearm or ammunition while subject to the
order, the petitioner may petition the court to issue a
warrant. The petition shall describe the firearm or ammunition
and where the firearm or ammunition is reasonably believed to
be located. The court may issue the warrant upon a finding of
probable cause.
(e) A law enforcement agency may charge the respondent
a fee not to exceed the reasonable and actual costs incurred
by the law enforcement agency for storing a firearm or
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by the law enforcement agency for storing a firearm or
ammunition surrendered pursuant to this section for the
duration of the gun violence protective order and any
additional periods necessary under Section 7.
Section 9. (a) As used in this section, "dispose" means
to sell or transfer a firearm or ammunition to a federally
licensed dealer, defined under 18 U.S.C. § 921 et seq., or to
destroy the firearm or ammunition.
(b) Thirty days before a one-year gun violence
protective order is set to expire, a law enforcement agency
holding a firearm or ammunition that has been surrendered
pursuant to the order shall notify the petitioner that the
order is set to expire. The notice shall advise the petitioner
of the procedures for seeking a renewal of the order pursuant
to Section 7.
(c) If a gun violence protective order is terminated or
expires and is not renewed, a law enforcement agency holding
any firearm or ammunition that has been surrendered pursuant
to Section 8 shall notify the respondent that he or she may
request the return of the firearm or ammunition. The law
enforcement agency shall return any surrendered firearms or
ammunition requested by a respondent only after confirming,
through a background check, that the respondent is currently
eligible to own or possess firearms and ammunition.
(d) A respondent who has surrendered a firearm or
ammunition to a law enforcement agency pursuant to Section 8
and who does not wish to have the firearm or ammunition
returned or who is no longer eligible to own or possess a
firearm or ammunition may sell or transfer title of the
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firearm or ammunition may sell or transfer title of the
firearm or ammunition to a licensed firearms dealer. The law
enforcement agency shall transfer possession of the firearm or
ammunition to a licensed firearms dealer only after the dealer
has displayed written proof of transfer of the firearm or
ammunition from the respondent to the dealer and the law
enforcement agency has verified the transfer.
(e) If an individual other than the respondent claims
title to a firearm or ammunition surrendered pursuant to
Section 8, and the individual is determined by the law
enforcement agency to be the lawful owner of the firearm or
ammunition, the gun or ammunition shall be returned to him or
her.
(f) A law enforcement agency holding a firearm or
ammunition that was surrendered by a respondent pursuant to
Section 8 may dispose of the firearm or ammunition only after
six months from the date of proper notice to the respondent of
the intent to dispose of the firearm or ammunition, unless the
firearm or ammunition has been claimed by the lawful owner. If
the firearm or ammunition remains unclaimed after six months
from the date of notice, then no party shall have the right to
assert ownership of the firearm or ammunition and the law
enforcement agency may dispose of the firearm or ammunition.
Section 10. (a) The court shall notify the Alabama
State Law Enforcement Agency (ALEA) no later than one business
day after issuing, renewing, dissolving, or terminating an ex
parte or one-year gun violence protective order under this
act.
(b) The information required to be submitted to ALEA
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(b) The information required to be submitted to ALEA
pursuant to this section shall include identifying information
about the respondent and the date the order was issued,
renewed, dissolved, or terminated. In the case of a one-year
order, the court shall include the date the order is set to
expire. The court shall also indicate whether the respondent
to the one-year gun violence protective order was present in
court to be advised of the contents of the order or if the
respondent failed to appear. The respondent's presence in
court shall constitute proof of service of notice of the terms
of the order.
(c) Within one business day of service, a law
enforcement officer who serves a gun violence protective order
or the clerk of the court shall submit the proof of service
and a copy of the protection order to ALEA for entry into the
appropriate database.
(d) The information to be submitted to ALEA under this
section shall be submitted in an electronic format, in a
manner prescribed by ALEA. ALEA shall maintain a searchable
database of this information, available to law enforcement
agencies upon request.
(e) Within 30 days of submission of the information
under subsection (d), ALEA shall make information about an ex
parte or one-year gun violence protective order issued,
renewed, or terminated pursuant to this act available to the
National Instant Criminal Background Check System for the
purposes of firearm purchaser background checks.
Section 11. (a) A person who files a petition for a gun
violence protective order, knowing the information in the
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violence protective order, knowing the information in the
petition to be materially false or with an intent to harass
the respondent, is guilty of a Class C misdemeanor.
(b) A person who owns, purchases, controls, possesses,
or receives a firearm or ammunition with knowledge that he or
she is prohibited from doing so by a gun violence protective
order is guilty of a Class C misdemeanor and shall be
prohibited from owning, purchasing, controlling, possessing,
or receiving, or attempting to purchase or receive, a firearm
or ammunition for a period of five years from the date of
conviction.
Section 12. This act shall not affect the ability of a
law enforcement officer to remove firearms or ammunition from
any individual pursuant to other lawful authority.
Section 13. This act shall not be construed to impose
criminal or civil liability on any individual who chooses not
to seek a gun violence protective order pursuant to this act.
Section 14. This act shall become effective on October
1, 2026.
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