This is a copy of the bill and it's sponsors.
65373-1:n:03/16/2004:LLR/agb LRS2004-1522
HB650
By Representatives Humphryes, Hill, Morrow, Galliher, McClendon, Ward, Glover, Beason, Brewbaker, Wood and Greer
RFD Judiciary
Rd 1 18-MAR-04
SYNOPSIS: Existing law provides for the crime of possession of a short-barreled rifle or short-barreled shotgun.
This bill would provide that possession of a short-barreled rifle or short-barreled shotgun by a manufacturer, importer, dealer, or individual that is registered to him or her in the national firearms registry and transfer records of the United States Treasury Department would not be a crime.
Amendment 621 of the Constitution of Alabama of 1901 prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.
The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of Amendment 621. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in Amendment 621.
A BILL
TO BE ENTITLED
AN ACT
To amend Section 13A-11-63, Code of Alabama 1975, relating to short-barreled rifles or short-barreled shotguns; to provide that possession of a short-barreled rifle or short-barreled shotgun by a manufacturer, importer, dealer, or individual that is registered to him or her in the national firearms registry and transfer records of the United States Treasury Department would not be a crime; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 13A-11-63, Code of Alabama 1975, is amended to read as follows:
§13A-11-63.
"(a) A person who possesses, obtains, receives, sells, or uses a short-barreled rifle or a short-barreled shotgun is guilty of a Class C felony.
"(b) This section does not apply to a peace officer who possesses, obtains, receives, sells, or uses a short-barreled rifle or a short-barreled shotgun in the course of or in connection with his official duties.
"(c) This section does not apply to a licensed manufacturer, importer, dealer, or individual who possesses a short-barreled rifle or short-barreled shotgun that is registered to him or her in the national firearms registry and transfer records of the United States Treasury Department."
Section 2. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621 because the bill defines a new crime or amends the definition of an existing crime.
Section 3. 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.