What is the penalty for violating the state firearm laws?
The penalty depends on the circumstances of the illegal possession of the firearm, as follows:
- It is a Class C felony to have a firearm while being subject to a valid protection order for domestic abuse, issued after notice to the abuser and a hearing.
- It is a Class C felony to have a firearm if you were convicted of committing or attempting to commit:
- a crime of violence;
- a misdemeanor offense of domestic violence; or
- a violent offense.
- It is a Class C felony to have a firearm if you are “of unsound mind” or in the U.S. “illegally or unlawfully” or with a nonimmigrant visa.1
- It is Class A misdemeanor to have a firearm if the person is:
- a minor;
- an abuser of alcohol (“habitual drunkard); or
- addicted to drugs.2
The sentence for a Class C felony is up to ten years and a fine of up to $15,000.3 The sentence for a Class A misdemeanor is up to one year in jail and a fine of up to $6,000.4
1 Alabama Code § 13A-11-72(a), (c)
2 Alabama Code § 13A-11-72(b)
3 Alabama Code §§ 13A-5-6(a)(3); 13A-5-11(a)(3)
4 Alabama Code §§ 13A-5-7(a)(1); 13A-5-12(a)(1)