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Alabama state Sen. Rodger Smitherman, D-Birmingham, has pre-filed a series of bills that would create a standardized definition of the term “machine gun” under Alabama law as well as penalties for improper storage of all firearms and escalated penalties for crimes committed with a machine gun.
SB30 states that anyone in possession of a firearm must “secure a firearm in his or her possession, control, care, or custody in a manner and location where the individual knows, or reasonably should know, that an unauthorized person is not likely to gain access to the firearm.”
The bill defines an unauthorized person as anyone who does not have permission from the owner to possess the firearm or anyone who cannot possess a gun under state or federal law. A violation of the proposed bill would result in a Class C felony.
A few bills have been filed for this upcoming legislative session that would prohibit residents of Alabama from possessing parts that would convert a firearm into a machine gun. Smitherman’s SB31 would make this a Class C felony.
In SB31, a machine gun is defined as “the frame or receiver of any such weapon, any part or combination of parts designed and intended for converting a weapon into a machine gun, and any combination of parts from which a machine gun may be assembled,” wholly encasing items like bump stocks or other conversion devices.
Exceptions are provided for state or local law enforcement officers while acting in an official capacity and any machine gun lawfully owned or possessed under federal law.
SB32, while also creating a recognized definition of the term “machine gun,” would also change existing laws regarding crimes committed with machine guns.
If a person causes the death of another using a machine gun, they would face life imprisonment without the possibility of parole, if they are 18 or older at the time of the offense. If the person is under 18, they would face either life imprisonment without parole or life imprisonment.
If a machine gun is used in an assault, the offense would be upgraded to a Class A felony. The person would be sentenced to life imprisonment, whether the assault is in the first or second degree.
If passed, a “machine gun” would be any firearm that can shoot more than one shot automatically with a single pull of the trigger, without the need for manual reloading. It also includes parts or combinations specifically designed to convert a firearm into a machine gun. Additionally, it refers to any parts that, when assembled, can create a machine gun, as long as those parts are in the possession or control of a person.
All three bills are currently pending action in the Senate Committee on Judiciary.
