Just checked with the info desk at the state legislature dept and found out the HB105 was signed into law last night. The short of the long is that this bill
1. Bar a county or municipality from filing a lawsuit against the manufacturer of firearms or ammunition.
2. Repeal the waiting period (2 day now) and registration of purchasers of pistols.
Good Shooting.... Brian
http://www.legislature.state.al.us/SearchableInstruments/2000RS/Bills/HB105.htm
Rep(s). By Representatives Page, Galliher, Morrow, Hill and Hurst
HB105
Engrossed
Under existing law, a local governing body is not prohibited from filing a lawsuit against a manufacturer of firearms
or ammunition for damages, abatement, or injunctive relief resulting from or relating to the design, manufacture,
marketing, or lawful sale of firearms or ammunition.Also, under existing law, there is a 48-hour waiting period after
the sale of a pistol prior to delivery of the pistol. Copies of the registration of the purchaser of a pistol are required
to be sent to the chief of police, the sheriff, and the Department of Public Safety.This bill would bar a county or
municipality from filing a lawsuit against the manufacturer of firearms or ammunition under certain circumstances
and reserve an exclusive right for the Attorney General, by and with the consent of the Governor, to maintain any
such action and would repeal any conflicting laws.This bill would also repeal the waiting period and registration of
purchasers of pistols.
A BILL
TO BE ENTITLED
AN ACT
To bar a county or municipality from filing a lawsuit against the manufacturers, trade associations, and dealers of
firearms or ammunition under certain circumstances and to reserve an exclusive right for the state to maintain such
an action; to repeal conflicting laws; and to specifically repeal Section 13A-11-77, Code of Alabama 1975, which
requires a waiting period and registration of purchasers of pistols.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The Legislature finds and declares that the regulation of firearms is properly an issue of general,
statewide concern and that the design, marketing, manufacture, or lawful sale of firearms or ammunition to the
public is not an unreasonably dangerous activity and does not constitute a nuisance per se and is not inherently
dangerous.
Section 2. (a) No county or municipal corporation, instrumentality, or political subdivision thereof, by ordinance,
resolution, or other enactment, shall regulate in any manner gun shows, the possession, ownership, transport,
carrying, transfer, sale, purchase, licensing, registration or use of firearms, ammunition, components of firearms,
firearms dealers, or dealers in firearm components.
(b) Subsection (a) does not affect the authority a municipality has under law to:
(1) Regulate the discharge of firearms within the limits of the municipality.
(2) Prohibit the state, counties or municipalities from assessing, enforcing and collecting sales taxes, use taxes, and
gross receipts taxes in the nature of sales taxes as defined by Section 40-2A-3 (8), Code of Alabama 1975, on the
retail sale of firearms and ammunition.
(3) Assess, enforce, and collect licenses from firearms or ammunition manufacturers, trade associations,
distributors or dealers for the privilege of engaging in such business.
Further, nothing herein shall exempt any business which uses firearms or ammunition in the conduct of its business
or any business which leases or sells firearms or ammunition from the provisions of county and municipal planning
and zoning laws, as long as the code, ordinance, or regulations are not used to circumvent the intent of subsection
(a).
This section shall not be construed to limit or restrict the power of a municipality to adopt or enforce ordinances
which make the violation of a state firearm law a violation of a municipal ordinance to the same extent as other
state law violations.
(c) The authority to bring or settle any lawsuit in which the state has an interest or right to recover against any
firearm or ammunition manufacturer, trade association, or dealer, and the authority to bring or settle any lawsuit on
behalf of any governmental unit created by or pursuant to an act of the Legislature or the Constitution of Alabama
of 1901, or any department, agency, or authority thereof, for damages, abatement, injunctive relief, or other
equitable relief resulting from or relating to the design, manufacture, marketing, or lawful sale of firearms or
ammunition, or both, shall be reserved exclusively to the Attorney General, by and with the consent of the
Governor. This section shall not prohibit a county or municipal corporation from bringing an action against a
firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition
purchased by the political subdivision or local governmental authority.
Section 3. All laws or parts of laws which conflict with this act are repealed; and Section 13A-11-77, Code of
Alabama 1975, is specifically repealed.
Section 4. This act shall apply to any action pending on or brought on or after the date this act becomes effective.
Section 5. This act shall become effective on the first day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
Civil Procedure
Weapons
Civil Actions
Firearms
Damages
Code Repealed
1. Bar a county or municipality from filing a lawsuit against the manufacturer of firearms or ammunition.
2. Repeal the waiting period (2 day now) and registration of purchasers of pistols.
Good Shooting.... Brian
http://www.legislature.state.al.us/SearchableInstruments/2000RS/Bills/HB105.htm
Rep(s). By Representatives Page, Galliher, Morrow, Hill and Hurst
HB105
Engrossed
Under existing law, a local governing body is not prohibited from filing a lawsuit against a manufacturer of firearms
or ammunition for damages, abatement, or injunctive relief resulting from or relating to the design, manufacture,
marketing, or lawful sale of firearms or ammunition.Also, under existing law, there is a 48-hour waiting period after
the sale of a pistol prior to delivery of the pistol. Copies of the registration of the purchaser of a pistol are required
to be sent to the chief of police, the sheriff, and the Department of Public Safety.This bill would bar a county or
municipality from filing a lawsuit against the manufacturer of firearms or ammunition under certain circumstances
and reserve an exclusive right for the Attorney General, by and with the consent of the Governor, to maintain any
such action and would repeal any conflicting laws.This bill would also repeal the waiting period and registration of
purchasers of pistols.
A BILL
TO BE ENTITLED
AN ACT
To bar a county or municipality from filing a lawsuit against the manufacturers, trade associations, and dealers of
firearms or ammunition under certain circumstances and to reserve an exclusive right for the state to maintain such
an action; to repeal conflicting laws; and to specifically repeal Section 13A-11-77, Code of Alabama 1975, which
requires a waiting period and registration of purchasers of pistols.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The Legislature finds and declares that the regulation of firearms is properly an issue of general,
statewide concern and that the design, marketing, manufacture, or lawful sale of firearms or ammunition to the
public is not an unreasonably dangerous activity and does not constitute a nuisance per se and is not inherently
dangerous.
Section 2. (a) No county or municipal corporation, instrumentality, or political subdivision thereof, by ordinance,
resolution, or other enactment, shall regulate in any manner gun shows, the possession, ownership, transport,
carrying, transfer, sale, purchase, licensing, registration or use of firearms, ammunition, components of firearms,
firearms dealers, or dealers in firearm components.
(b) Subsection (a) does not affect the authority a municipality has under law to:
(1) Regulate the discharge of firearms within the limits of the municipality.
(2) Prohibit the state, counties or municipalities from assessing, enforcing and collecting sales taxes, use taxes, and
gross receipts taxes in the nature of sales taxes as defined by Section 40-2A-3 (8), Code of Alabama 1975, on the
retail sale of firearms and ammunition.
(3) Assess, enforce, and collect licenses from firearms or ammunition manufacturers, trade associations,
distributors or dealers for the privilege of engaging in such business.
Further, nothing herein shall exempt any business which uses firearms or ammunition in the conduct of its business
or any business which leases or sells firearms or ammunition from the provisions of county and municipal planning
and zoning laws, as long as the code, ordinance, or regulations are not used to circumvent the intent of subsection
(a).
This section shall not be construed to limit or restrict the power of a municipality to adopt or enforce ordinances
which make the violation of a state firearm law a violation of a municipal ordinance to the same extent as other
state law violations.
(c) The authority to bring or settle any lawsuit in which the state has an interest or right to recover against any
firearm or ammunition manufacturer, trade association, or dealer, and the authority to bring or settle any lawsuit on
behalf of any governmental unit created by or pursuant to an act of the Legislature or the Constitution of Alabama
of 1901, or any department, agency, or authority thereof, for damages, abatement, injunctive relief, or other
equitable relief resulting from or relating to the design, manufacture, marketing, or lawful sale of firearms or
ammunition, or both, shall be reserved exclusively to the Attorney General, by and with the consent of the
Governor. This section shall not prohibit a county or municipal corporation from bringing an action against a
firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition
purchased by the political subdivision or local governmental authority.
Section 3. All laws or parts of laws which conflict with this act are repealed; and Section 13A-11-77, Code of
Alabama 1975, is specifically repealed.
Section 4. This act shall apply to any action pending on or brought on or after the date this act becomes effective.
Section 5. This act shall become effective on the first day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
Civil Procedure
Weapons
Civil Actions
Firearms
Damages
Code Repealed