House Bill 192 Alabama 2026 Session

Summary

Primary Sponsor

David FaulknerRepresentative

Republican

Session

2026 Regular Session

Title

Criminal law; self-defense and defense of others; presumption of unlawful use of force under certain conditions

Summary

HB192 adds a presumption of not justified for concealed or destroyed weapons used in self-defense and creates pretrial immunity procedures, with an effective date of October 1, 2026.

What This Bill Does

First, it creates a rebuttable presumption that a defendant's use of force is not justified if the weapon used to commit the offense was concealed, altered, destroyed, or disposed of (unless the weapon is voluntarily handed to law enforcement in its unaltered form). Second, it establishes a pretrial hearing to determine whether the force was justified or unlawful, with immunity from prosecution if justification is proven by a preponderance of the evidence and possible dismissal of charges. Third, it allows standard law enforcement investigations but restricts arrests for using force unless there is probable cause that the force was unlawful, and it sets the effective date for the changes.

Who It Affects

• Defendants who claim self-defense or defense of others, especially those who conceal/alter/destroy the weapon used; they face a new presumption and must seek immunity at a pretrial hearing.
• Law enforcement, prosecutors, and courts; they must apply the new presumption, conduct pretrial immunity determinations, and decide on immunity or prosecution, while arrests require probable cause that the force was unlawful.

Key Provisions

• New rebuttable presumption that using deadly force is not justified if the weapon used is concealed, altered, destroyed, or disposed of (with an exception for handing the unaltered weapon to law enforcement).
• Exception to the presumption: if the defendant voluntarily provides the unaltered weapon to law enforcement, the presumption does not apply.
• Pretrial immunity hearing: court determines whether force was justified or unlawful; the defendant must prove immunity by a preponderance of the evidence, and a finding of justification can lead to dismissal of charges.
• Immunity provision: a person using justified force is immune from criminal prosecution and civil action unless the force is later determined unlawful.
• Arrest rule: law enforcement may investigate using standard procedures but may not arrest someone solely for using force unless there is probable cause that the force used was unlawful.
• Effective date: the act becomes effective October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 11, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes & Offenses