Alabama Senate OKs bill requiring life sentences for use of machine gun in murder cases
Sen. Rodger Smitherman, D-Birmingham, hold a sheaf of papers while speaking in the Alabama Senate on Feb. 13, 2025 at the Alabama Statehouse in Montgomery, Alabama. The Alabama Senate Thursday approved a bill sponsored by Smitherman that would mandate a life sentence for anyone convicted of murder committed with a machine gun. (Brian Lyman/Alabama Reflector)
The Alabama Senate approved a bill Thursday that would require a person convicted of murder with the use of a machine gun be sentenced to life in prison.
SB 32, sponsored by Sen. Rodger Smitherman, D-Birmingham, would also make an assault in the first and second degree using a machine gun a Class A felony, punishable by up to 99 years in prison.
The bill passed 30-1.
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Possession of automatic weapons like machine guns has been illegal in most cases in the United States since 1934. But devices called Glock switches, which can rapidly increase the rate of fire of a semi-automatic weapon, have circulated despite a federal ban. The devices were present in a mass shooting in Birmingham in September that killed four people and left 17 injured.
Smitherman's bill includes devices like Glock switches in its definition of machine gun.
Sen. Sam Givhan, R-Huntsville, said that he was initially concerned because he thought the bill would ban the death penalty. He said he was assured by 'criminal law expert in the House of Representatives downstairs that the capital murder statute is totally different.'
'The capital murder statute is totally different. And so this would not the language here would not infringe on that in any way,' Givhan said.
Sen. Chris Elliott, R-Josephine, introduced an amendment to provide gun owners would not be targeted under the new definitions.
'[The amendment] syncs up the language that … deals specifically with kind of the definition of that machine gun,' Elliott said.
Smitherman said he supported the amendment, adding that 'this is what we were trying to do in there.' The amendment passed 30-0.
The bill moves to the House, where it has been assigned to the Judiciary committee.
Alabama lawmakers advanced several gun-related bills on Wednesday, with Gov. Kay Ivey pushing for a public safety package.
Approved measures include banning firearm conversion devices, expanding gun license restrictions, and allowing voluntary firearm surrender. Some bills, like firearm storage requirements and penalties for failing to disclose gun possession to police, faced delays due to opposition from gun rights groups.
One bill, SB 116, makes possession of Glock switches a state crime, giving local law enforcement more enforcement power. SB 119 expands firearm prohibitions and increases penalties for shooting into occupied buildings. HB 216 establishes a voluntary gun surrender program. Other proposals remain stalled.
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