§ 13A-11-97 — Taking Firearm into Temporary Custody Upon Reasonable Suspicion by Law Enforcement Officer That It Would Be Used for Criminal Conduct, Etc.; Database Searches; Return of Firearm

Alabama § 13A-11-97

• Jurisdiction: Alabama
• Title 13A: Criminal Code
• Ch. 11: Offenses Against Public Order and Safety
• Art. 3: Offenses Relating to Firearms and Weapons
• Div. 4: Interaction with Law Enforcement

Text

(a) If at any time during an investigation a law enforcement officer acting in the lawful discharge of the officer’s official duties has a reasonable suspicion that an individual is engaged or is about to be engaged in criminal conduct, or the officer determines that a reasonable person would believe that it is necessary for the protection of the officer, individual, or any other individual, the officer may temporarily take into custody the firearm that could be used to engage in criminal conduct or to cause harm to the officer, individual, or any other individual.
(b) While the firearm is in the law enforcement officer’s possession, and if the officer has a reasonable suspicion that an individual is engaged or is about to be engaged in criminal conduct, the law enforcement officer may conduct a search of any available local, state, or federal criminal history and weapons databases to determine whether the individual is prohibited from possessing the firearm or whether the firearm should not be returned to the individual pursuant to state or federal law.
(c) The law enforcement officer shall return the firearm to the individual before discharging the individual from the scene if the officer determines that both of the following are fulfilled:
(1) The individual is not an immediate threat to the officer, individual, or any other individual.
(2) The individual has not committed a violation that results in the arrest of the individual.

Legislative History

(Act 2022-133, §5.)