Governor Kay Ivey announced to the Huntsville-Madison County Chamber of Commerce on Monday that she signed Senate Bill 119 (SB119) proposed by State Sen. Will Barfoot (R-Pike Road). The bill was included in the governor’s priority “crime” bills package announced during her State of the State address.

While Ivey and bill sponsors say that it will cure inner-city gun violence, opponents point out that several provisions could infringe on Second Amendment rights, impacting those merely charged with a crime or those with decades-old convictions.

“I am also proud to announce to you first that this morning, I signed into law another one of our Safe Alabama public safety bills – Senate Bill 119 – which will help get more bad guys off our streets to ensure safety in our communities. We have a few more working their way through the process, and I am confident those will be heading my way soon,” Ivey’s reportedly told the chamber.

Taylor Rhodes, Board Member of BamaCarry and the Communications Director for the National Association for Gun Rights, told 1819 News in a written statement, “SB119 is a slap in the face to every peaceable gun owner in Alabama. Governor Ivey and the RINO political class just handed anti-gun bureaucrats a blueprint for future gun confiscation — wrapped in a ‘public safety’ ribbon.”

The governor’s office echoed the same four talking points highlighted during the mere eight minutes that it took for the House of Representatives to pass the bill last week, while ignoring the constitutional concerns laid out by gun rights advocates.

Ivey’s release said, “The bill, which is intended to combat inner city gun violence, includes:

1. New firearm possession prohibitions. It will now be a class C felony for someone to possess a firearm if he or she has been convicted of (a) any felony offense within the past five years or (b) three felony offenses at any time. It will now be a class C felony for someone to possess a firearm while out on bail awaiting trial for certain prescribed offenses (e.g., a violent offense).

2. Increased penalty for shooting into occupied dwelling. It will now be a Class A felony—not a Class B felony, as is the case under current law—for someone to shoot into an occupied dwelling.

3. New probation/parole sanctions for firearm possession. It will be easier to sanction probationers and parolees found in possession of a firearm. Moreover, a probationer or parolee’s conviction for illegal firearm possession will now result in mandatory revocation of his or her probation or parole.

4. Aniah’s Law expansion. Aniah’s Law will be expanded to include shooting into an occupied dwelling and solicitation, attempt, or conspiracy to commit murder.”

Language in the bill says:

“It shall be unlawful for any person to knowingly have a firearm in his or her possession or under his or her control when the person has been charged with committing or attempting to commit a crime of violence, misdemeanor offense of domestic violence as defined in Section 13A-11-72, or violent offense as listed in Section 12-25-32(15), and thereafter has been released pending or during trial.

Unless waived by the defendant, a person may not be convicted of violating this section unless the person is first convicted of the crime of violence, misdemeanor offense of domestic violence as defined in Section 13A-11-72, or violent offense listed in Section 12-25-32(15), or a lesser included offense, which gave rise to the charge and for which the person was released pending or during trial. A person who violates this section shall be guilty of a Class C felony.”

Rhodes pointed out, “The threat is very real; this opens the door for disgruntled exes, nosy neighbors with political differences, or even rogue anti-gun cops to use these laws to disarm peaceful Alabamians who’ve done nothing wrong. That’s not public safety, that’s weaponized bureaucracy.”

Someone charged with a crime under this new law would lose their ability to hunt, carry for self defense or other protected Second Amendment activities. Concerns that were expressed during the first week of the legislative session when the bill was brought before the Senate Judiciary Committee.

Birmingham lawyer James “Jim” Porter, a former president of National Rifle Association and current board member, told 1819 News at the time, “The thought that you would take away a person’s constitutional rights of self-defense due to allegations of having committed a felony or misdemeanor will not pass constitutional (US or Alabama) muster.”

Rhodes pointed out that, “Alabama already has laws against violent criminals. This bill doesn’t target criminals; it targets people the government thinks might be a threat. It’s Minority Report meets gun control. With this bill, they’ve turned routine firearm possession into a trapdoor felony for anyone who’s ever made a mistake or had a prosecutor with an axe to grind. SB119 is a disgrace to the proud, pro-gun legacy of this state. Gun owners won’t forget it — and we’re damn sure not going to forgive it.”

According to the governor’s office, most provisions in SB119 will take effect October 1. The only exception is the Aniah’s Law amendment, which will become effective upon ratification of the constitutional amendment proposed by SB118.

To connect with the author of this story or to comment, email [email protected]

Don’t miss out! Subscribe to our newsletter and get our top stories every weekday morning or become a member to gain access to exclusive content and 1819 News merch.