Alabama Law
ALABAMA DOMESTIC VIOLENCE FIREARM PROHIBITIONS
Alabama Domestic Violence Firearm Purchase and Possession Prohibitions
Alabama prohibits the following individuals from owning a firearm, possessing a firearm, or having a firearm in their control:
- Persons convicted of a misdemeanor offense of domestic violence; and
- Persons subject to a valid protection order for domestic abuse.1
“Valid protection order” is defined as “an order issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate, that does any of the following:
- Restrains the person from harassing, stalking, or threatening a qualified individual* or child of the qualified individual or person or engaging in other conduct that would place a qualified individual in reasonable fear of bodily injury to the individual or child and that includes a finding that the person represents a credible threat to the physical safety of the qualified individual or child.
- By its terms, explicitly prohibits the use, attempted use, or threatened use of physical force against the qualified individual or child that would reasonably be expected to cause bodily injury.”2
ALABAMA CIVIL PROTECTION ORDER FIREARM REMOVAL
Domestic Violence Civil Protection Orders That Require Firearm Removal
Alabama law does not require the removal of firearms from persons subject to domestic violence protection orders.
Alabama law does allow a judge issuing an ex parte protection order, an ex parte modification of a protection order, a final protection order, or a modification of a protection order issued after notice and hearing to “[o]rder other relief as it deems necessary to provide for the safety and welfare of the plaintiff or any children and any person designated by the court.”3
Individuals Who May Petition for a Protection Order
The following persons may petition for a protection order:
- A spouse (including a common law spouse);
- A former spouse (including a common law former spouse);
- A person with whom the defendant has a child in common, regardless of whether the victim or defendant have ever been married and regardless of whether they are currently residing or have in the past resided together in the same household;
- A person who has or had a dating relationship with the defendant;
- A person who is or was cohabiting with the defendant and who is in, or was engaged in, a romantic or sexual relationship with the defendant;
- A relative of a person defined in (e) who also lived with the defendant; or
- An individual who is a parent, stepparent, child, or stepchild and who is in or has maintained a living arrangement with the defendant.4
Penalties for Violation
A violation of a protective order is a Class A misdemeanor.5
