Ala. Admin. Code r. 265-X-7-.07

Current through Register Vol. 43, No. 1, October 31, 2024

Section 265-X-7-.07 - Sheriffs

(1) Alabama sheriff's offices will report:

(a) All applicants who are denied a concealed carry permit, based on state or federal law, to SBI CJIS for inclusion in the Firearms FPPD. In making a determination whether to approve or deny the issuance or renewal of a concealed carry permit, the sheriff shall consider whether the applicant is:

1. Persons who were found guilty but mentally ill in a criminal case.

2. Persons who were found not guilty in a criminal case by reason of insanity or mental disease or defect.

3. Persons who were declared incompetent to stand trial in a criminal case.

4. Persons who asserted a defense in a criminal case of not guilty by reason of insanity or mental disease or defect.

5. Persons who were found not guilty only by reason of lack of mental responsibility under the Uniform Code of Military Justice.

6. Persons who required involuntary inpatient treatment in a psychiatric hospital or similar treatment facility.

7. Persons who require involuntary outpatient treatment in a psychiatric hospital or similar treatment facility based on a finding that the individual is an imminent danger to himself or herself or to others.

8. Persons who required involuntary commitment to a psychiatric hospital or similar treatment facility for any reason including drug use.

9. Person who is or was the subject of prosecution or of commitment or incompetency proceeding that could lead to a prohibition on the receipt or possession of a firearm under the laws of Alabama or the United States.

10. Person who falsified any portion of the permit application (not for inclusion in the FPPD).

11. Person who caused or causes justifiable concern for public safety (not for inclusion in the FPPD).

(b) All revocations of concealed carry permits to ALEA for inclusion in the FPPD if the permit revocation is based on state or federal law.

(c) Alabama sheriffs shall conduct an immigration alien query through the U. S. Immigration and Customs Enforcement on non-U.S. citizens. An individual who applied for a concealed carry permit and is determined to be unlawfully in the U.S. shall be entered into the FPPD.

(d) Alabama Sheriffs shall enter the following collected data for inclusion into the FPPD:

1. Date

2. Agency Name

3. ALACOP username of person entering the data into the FPPD

4. Type of entry

(i) New entry

(ii) Renewal

(iii) Re-check of lifetime permit

5. Whether this is an entry or removal of a person from the FPPD

6. Reason the individual is denied

7. First name of individual

8. Middle name or initial of individual

9. Last name of individual

10. Date of Birth

11. Race

12. Gender

13. Social Security Number

14. Drives license number

15. Immigration number if applicable.

Ala. Admin. Code r. 265-X-7-.07

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 04, January 31, 2022, eff. 3/17/2022.

Author: Maury Mitchell

Statutory Authority:Code of Ala. 1975, § 41-9-620.