Alabama § 13A-11-72: Certain Persons Forbidden to Possess Firearms

Under Section 13A-11-72 of the Alabama Code, the people who cannot possess a firearm in Alabama fall into two groups: those barred from any firearm at all, and those barred only from possessing a pistol. The first group includes anyone convicted of a crime of violence, anyone convicted of a misdemeanor domestic violence offense, anyone subject to a qualifying domestic abuse protection order, and anyone found to be of unsound mind. The second group includes minors, habitual drunkards, and people addicted to drugs. Rights can be restored, but only through defined legal channels, and an expungement by itself will not do it.

The Full Firearm Ban Under Section 13A-11-72(a)

Subsection (a) is the broader prohibition. It reaches every type of firearm, not just handguns, and it applies whether the underlying conviction happened in Alabama or in another state. You fall under it if you have been:

Convicted of a crime of violence in Alabama or any other state
Convicted of a misdemeanor domestic violence offense
Convicted of a violent offense listed in Section 12-25-32(15)
Made subject to a valid protection order for domestic abuse
Found to be of unsound mind¹

Two additional categories sit alongside this group with the same felony-level exposure: people in the country without lawful status or on a nonimmigrant visa, and anyone possessing a firearm on school premises.¹

The Pistol-Only Ban Under Section 13A-11-72(b)

Subsection (b) is narrower in two ways. It applies only to pistols, and it applies to a different set of people: minors, habitual drunkards, and anyone with a drug addiction.¹ The word “pistol” does the work here. Someone in this group who possesses a long gun is not committing this offense, and the penalty when the offense is committed is lower than under subsection (a).

How Alabama Defines the Triggering Terms

Whether you actually fall under the statute often turns on definitions in Section 13A-11-72(h), and they are more specific than the everyday meaning of the words.

Crime of Violence

Section 13A-11-70 lists the crimes of violence: murder, manslaughter (other than vehicular), rape, mayhem, assault with intent to rob or murder, robbery, burglary, kidnapping, and larceny, along with attempts to commit those offenses.² This is separate from, and shorter than, the “violent offense” list in Section 12-25-32(15), which sweeps in dozens of additional crimes including all three degrees of domestic violence.

Misdemeanor Domestic Violence Offense

Not every misdemeanor involving a family member counts. The offense must involve the use or attempted use of physical force, or the threatened use of a dangerous instrument or deadly weapon, and the victim must be a current or former spouse, a parent, a child, someone who shares a child with the defendant, or a present or former household member.¹

Valid Protection Order

A protection order triggers the ban only if it was issued after a hearing where the person had actual notice and an opportunity to participate. The order must also either include a finding that the person is a credible threat to the physical safety of the protected individual or expressly prohibit the use or threatened use of physical force against them.¹ An ex parte order entered without a hearing does not meet the standard.

Unsound Mind

“Unsound mind” covers anyone a court or other lawful authority has found to be a danger to themselves or others because of mental illness, incompetency, or marked subnormal intelligence; anyone who lacks the mental capacity to manage their own affairs; anyone found insane or not guilty by reason of mental disease in a criminal case; and anyone involuntarily committed for inpatient treatment to the Department of Mental Health or a VA hospital.¹ A person whose firearm rights have already been reinstated by operation of law or legal process is no longer “unsound mind” under the statute, even if the underlying finding still exists in the record.

Convicted

A “conviction” for this section requires that the person was represented by counsel or knowingly waived that right, and that the case was resolved by trial, plea, or another knowing waiver. A conviction that has been expunged, set aside, or pardoned generally will not count, with one important exception: if the pardon, expungement, or restoration expressly says the person may not possess firearms, the conviction still counts.¹

Penalties for Illegal Possession

The penalty tracks the subsection. A violation of subsection (a), the full firearm ban, is a Class C felony.¹ That means a sentence of one year and one day up to ten years³ and a fine of up to $15,000.⁴

A violation of subsection (b), the pistol-only ban that applies to minors, habitual drunkards, and drug addicts, is a Class A misdemeanor and carries up to one year in jail.⁵ Possession by someone unlawfully present in the United States or on a nonimmigrant visa, and possession on school premises, both fall under Class C felony treatment as well.¹

When Minors Can Lawfully Possess a Pistol

The minor ban has real exceptions. A minor can lawfully possess a pistol with the permission of a parent or legal guardian who is not themselves prohibited from possessing firearms, and only in defined situations: attending a hunter education or firearms safety course under adult supervision, practicing at an established shooting range, participating in organized shooting competitions, hunting or fishing with a valid license on land where the minor has written permission, and being on property controlled by a parent, legal guardian, or grandparent.¹ Members of the armed services or National Guard acting in their official capacity are also exempt.

Restoring Firearm Rights Through a Pardon

For a conviction-based disability, the route back is a pardon from the Alabama Board of Pardons and Paroles that expressly restores firearm rights. A pardon that specifically restores the right to possess a firearm for each qualifying conviction is also an affirmative defense to prosecution under Section 13A-11-72.¹

You become eligible to apply once you have completed your sentence or successfully served at least three years on parole for the conviction you want pardoned. The application, along with a waiver of liability, goes to the Board’s Pardons Unit. The Board investigates your criminal history, personal background, and the circumstances of the offense, and full cooperation is required.⁶

A pardon does not automatically bring gun rights with it. The Board can grant the pardon and specifically exclude firearm restoration. If the Board denies the application entirely, you generally cannot reapply for two years.⁶ Before the Board acts, it must give 30 days’ notice to the Attorney General, the presiding judge, the district attorney, and local law enforcement in the county of conviction.⁷

Restoring Rights After a Mental Health Adjudication

If your disability comes from an adjudication of mental deficiency or a commitment to a mental institution, the path is different. You file a petition in district court asking for a civil review of your mental capacity to purchase a firearm.⁸

At the hearing you can present evidence and call witnesses. The court will grant relief if you prove by a preponderance of the evidence that you are not likely to act in a dangerous manner and that restoration would not be contrary to the public interest. The judge weighs your reputation, mental health record, criminal history if any, the circumstances of the original disability, and any other relevant evidence. A denial can be appealed to the circuit court within 42 days, and the circuit court conducts a fresh review rather than checking the lower court for error.⁸ When the original commitment was entered, the Alabama Law Enforcement Agency would have reported it to the National Instant Criminal Background Check System. A successful petition updates that record so you can pass a background check.

Why Expungement Alone Will Not Restore Gun Rights

Alabama’s expungement statute, Section 15-27-15, expressly states that an expungement order does not entitle you to ship, transport, possess, or receive a firearm. This matters because the definition of “convicted” in Section 13A-11-72(h) generally treats an expunged conviction as no conviction at all, except when the expungement expressly says the person may not possess firearms.¹ Since Section 15-27-15 puts exactly that limitation on every Alabama expungement, the two provisions work together to keep the firearm disability in place. To get gun rights back after an Alabama conviction, you need a Certificate of Pardon with Restoration of Civil and Political Rights that specifically includes firearms.

Federal Law Still Applies

Even when Alabama restores your rights, federal law runs on its own track. Under 18 U.S.C. Section 922(g), it is a federal crime for certain people to possess any firearm or ammunition that has traveled in interstate commerce, which covers virtually every commercially manufactured weapon. The federal prohibited categories overlap with Alabama’s but are not identical: anyone convicted of a crime punishable by more than one year in prison (most felonies), users of controlled substances, anyone adjudicated mentally defective or committed to a mental institution, people subject to qualifying domestic violence restraining orders, people convicted of a misdemeanor crime of domestic violence, fugitives, dishonorably discharged veterans, and certain non-citizens.⁹

Federal law does recognize state restorations under limited conditions. Under 18 U.S.C. Section 921(a)(20), a conviction that has been expunged, set aside, or pardoned, or for which civil rights have been restored, is not treated as a conviction federally, unless the state action expressly withholds firearm rights.¹⁰ A full Alabama pardon that includes firearm rights should therefore lift the federal disability tied to that conviction. A pardon that leaves out firearms, or a bare Alabama expungement, will not. Before relying on any restoration, confirm the pardon or court order specifically addresses firearms so that both the state and federal disabilities come off.

1
Alabama Legislature. Alabama Code 13A-11-72 – Certain Persons Forbidden to Possess Firearm
2
Justia. Alabama Code 13A-11-70 – Definitions
3
Alabama Legislature. Alabama Code 13A-5-6 – Sentences of Imprisonment for Felonies
4
Alabama Legislature. Alabama Code 13A-5-11 – Fines for Felonies
5
Alabama Legislature. Alabama Code 13A-5-7 – Sentences of Imprisonment for Misdemeanors
6
Alabama Bureau of Pardons and Paroles. FAQs – Pardons
7
Alabama Legislature. Alabama Code 15-22-36 – Authority to Grant Pardons and Remit Fines and Forfeitures
8
Alabama Legislature. Alabama Code 22-52-10.8 – Order for Involuntary Commitment and NICS
9
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
10
Office of the Law Revision Counsel. 18 USC 921 – Definitions