HB461 Alabama 2019 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: Lynn Greer
Republican
Session: Regular Session 2019
Title: Lauderdale Co., churches, deadly physical force, use in self-defense or defense of others, const. amend.
Summary: A Lauderdale County–only constitutional amendment to allow and shield the use of deadly force in self-defense or defense of others on church premises under specific conditions.
What This Bill Does
The amendment would apply only in Lauderdale County and would allow a person on church premises to use deadly physical force in self-defense or in defense of another when they reasonably believe someone on the premises is about to use deadly force against an employee, volunteer, member of the church, or another authorized person, during crimes involving death, serious injury, robbery in the first degree, or kidnapping in the first degree. It would create a legal presumption that such force is justified and would provide immunity from criminal prosecution and civil liability if the force is justified. It would also require a pretrial immunity hearing to determine immunity; if immunity is found, charges are dismissed; if not, the case proceeds with the state's burden to prove the elements beyond a reasonable doubt. It allows no duty to retreat and stand your ground on church premises and lets law enforcement investigate under standard procedures but arrest only if there is probable cause that the force was unlawful.

Who It Affects
People on Lauderdale County church premises (employees, volunteers, church members, or other authorized persons) who may need to defend themselves or others and could receive immunity from liability if the use of deadly force is justified.
Law enforcement and prosecutors in Lauderdale County who would conduct investigations and determine immunity through a pretrial hearing, and who would arrest only when there is probable cause the force was unlawful.

Key Provisions
Local applicability: Applies only in Lauderdale County and defines key terms such as church, deadly physical force, force, and premises.
Justification and presumption: Allows deadly force in self-defense or defense of others on church premises when a threat exists and a crime involving death, serious injury, first-degree robbery, or first-degree kidnapping is being committed or attempted; creates a legal presumption that the force is justified.
No retreat; stand-your-ground: If justified and the person is in a place where they have the right to be, they have no duty to retreat and may stand their ground on church premises.
Immunity and pretrial hearing: People who use justified force are immune from criminal prosecution and civil liability; a pretrial hearing determines immunity by preponderance of the evidence, and successful immunity leads to dismissal of charges.
Investigation and arrest: Law enforcement may investigate under standard procedures, but may not arrest unless there is probable cause that the force used was unlawful.
Election and ballot: The amendment would be put to Lauderdale County voters for approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Churches