Like many states, Alabama prohibits persons convicted of a “crime of violence” from owning, possessing or having control over a firearm. See Ala. Code §13A-11-72(a). The Alabama statute is old, so it refers only to owning, possessing or having control over “pistols.” But the term “pistols” is deemed to cover any sort of firearm. Newer sections of 13A-11-72 use the term “deadly weapon.” Violation of §13A-11-72 carries a maximum prison sentence of five years (or up to ten years if the accused has possession of a “deadly weapon” with the “intent to do bodily harm” on the premises of a public school. Ala. Code §13A-11-72(d)).
For firearm rights that are restricted because of a conviction for a “crime of violence,” there is no method of restoring firearm rights other than by obtaining a pardon from the Board of Pardons and Paroles. For example, there is no court-based method or procedure for filing something like a Petition To Restore Firearm Rights. Moreover, Alabama law is clear that an expungement of a criminal conviction will NOT restore firearm rights. See Ala. Code §15-27-15.
To make matters worse, in Alabama, firearm rights can be restricted based on arrests. This is because, like most states, a license – called a permit – is required to own or possess a firearm. Permits are issued by Alabama Country Sheriff Departments. Under Alabama Code, §13A-11-75, a permit to own a firearm can be denied if the Sheriff “has a reasonable suspicion” that the person applying for the permit “may use a weapon unlawfully or in such a manner that would endanger the person’s self or others.” In practice, this means that Alabama local Sheriffs look at an applicant’s arrest record in evaluating whether to grant a permit to own or possess a firearm.
However, there may be some “good news” for those seeking to restore their firearm rights that have been restricted based on arrest records. Alabama recently passed a new and expansive expungement statute called the REDEEMER Act. See news report here. The REDEEMER Act allows for the expungement of conviction records with respect to many low-level felonies and misdemeanors. But, importantly for firearm restoration efforts, the Act ALSO allows for the expungement of certain arrest records.
Under a law passed in 2017, arrest and court records could be expunged of any felony if the accused was found not guilty or otherwise acquitted of the charges. Under the new REDEEMER Act, expungement is now available for any sort of non-conviction for a felony charge – including a violent felony charge. Examples of non-conviction would include:
- Where the charge was quashed
- Where the charge was dismissed with prejudice
- Where the charge was dismissed after a completion of court-approved deferred prosecution program like a drug court program, a court mental health program, a diversion program or other
- And more
While local Sheriff’s Department will still have access to expunged arrest records under the REDEEMER Act, it is possible that the new expungement rules will help restore Alabama firearm rights where, previously, such rights might have been restricted based on arrest records.
Find A Firearm Rights Attorney Today
If a conviction or something else in your past is inhibiting your ability to own and carry a firearm, you may benefit from the help of an experienced firearm rights-focused attorney. FirearmRights.net can help you find attorneys in your area that can provide advice and legal counsel. This website has been developed by firearm rights attorneys with extensive experience in protecting firearm rights. Our goal is to support the firearm community by restoring the rights of people who deserve them.
Click on the “Restore Your Rights” tab to be connected with a dedicated attorney in your area who can review the facts of your case and start the journey to reclaiming your second amendment rights.