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An Alabama lawmaker has filed a bill, HB409, preventing the enforcement of red flag laws in the state.
Titled the Anti-Red Flag Gun Seizure Act, the legislation prohibits any state agency, state or local law enforcement agency, or political subdivision from enforcing or being paid to enforce any red flag law in Alabama.
Red flag laws, also known as extreme risk protection orders, are gun laws that give judges authority to command the temporary seizure of an individuals firearms if they are deemed a threat to themselves or others.
Twenty-one states have enacted red flag laws in the country since 1999.
Filed by Rep. Ernie Yarbrough, R-Trinity, the legislation also provides that if state or local law enforcement officers enforce a red flag law they would be subject to a civil penalty of $50,000.
The bill also provides a judicial relief process for individuals who were “injured” after a red flag law was enforced against them.
The proposed law clarifies that it will not prevent law enforcement from seizing firearms as evidence in an investigation or upon a criminal conviction.
Yarbrough previously attempted to pass the same legislation in 2023 but the bill failed to pass.
Since 2020, four states have passed anti-red flag laws including Oklahoma, Tennessee, West Virginia and Oklahoma.
Supporters of the anti-red flag laws claim the legislation defends from infringing upon Second Amendment rights and “due process.”
But studies have shown that in states with red flag laws, the statutes have served a role in preventing suicide attempts.
According to Yarbrough’s campaign website, he is ardently pro-gun rights stating the right to bear arms is essential to freedom and protecting against potential tyrants.
“Tyrants understand that it’s impossible to enslave a people whose minds are free and whose means of defense are the best available,” Yarbrough said.
Yarbrough also touts that he was endorsed by the National Association of Gun Rights.
NAGR is a national gun rights organization and has a more hardline stance against regulating gun rights than other gun rights organizations in the country.
NAGR said on its website that the organization, “believes in absolutely NO COMPROMISE on gun rights issues.” The organization explains that other entities like the National Rifle Association actually pushed for compromises that the NAGR opposes.
The bill has been referred to the House Judiciary Committee.
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