Alabama Statewide Rule
Alabama Firearms Local Preemption Statute Overview
Key Facts
- Statewide Preemption Under
- Statewide preemption under Code 13A-11-61.3
- Localities Cannot Regulate
- Localities cannot regulate firearms more strictly than state
- Civil Remedies Available
- Civil remedies available against violating localities
- Limited Exceptions Discharge
- Limited exceptions for discharge and municipal buildings
Summary
Alabama law preempts most local firearm regulations, reserving authority over guns, ammunition, and accessories exclusively to the state legislature under Code Section 13A-11-61.3.
Except as otherwise provided in Act 2013-283 or as expressly authorized by a statute of this state, the Legislature hereby occupies and preempts the entire field of regulation in this state touching in any way upon firearms, ammunition, and firearm accessories to the complete exclusion of any order, ordinance, or rule promulgated or enforced by any political subdivision of this state.
Full Breakdown
Code of Alabama Section 13A-11-61.3 prohibits counties, municipalities, and political subdivisions from enacting ordinances regulating the purchase, ownership, transportation, possession, use, transfer, registration, taxation, or licensing of firearms, ammunition, or firearm accessories. Localities may not pass rules more restrictive than state law. Limited exceptions exist for regulating discharge within city limits and possession in municipal buildings. The statute allows individuals harmed by a violating ordinance to seek declaratory and injunctive relief, plus attorney fees against the locality.
Violations & Penalties
Local ordinances conflicting with state firearms law are void and unenforceable; localities may face civil suits.
Frequently Asked Questions
Can my city pass stricter gun laws than Alabama?
What if a local ordinance violates this preemption?
Sources
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