Alabama

Get the latest information on Alabama firearm law.

Quick Reference

Magazine Capacity Restrictions

Constitutional (Permitless) Carry Allowed

Red Flag Laws

Carry in Alcohol Establishments Allowed

Open Carry Allowed

No Weapons Signs Enforced by Law

NFA Weapons Allowed

yes

Duty to Retreat

Duty to Inform Law Enforcement

"Universal" Background Checks Required

State Law Summary

Constitution of the State of Alabama - Article I, Section 26
“That every citizen has a right to bear arms in defense of himself and the state."

 

Alabama's firearm law history has evolved significantly over the years, marked by pivotal legal cases and legislative changes. In 1985, the Alabama Supreme Court's decision in Ex parte State reaffirmed the right to carry concealed weapons, setting a precedent for later legislation. The state further liberalized gun laws with the 2013 passage of Act 2013-283, which allowed for permitless carry of firearms, reflecting a shift toward more permissive regulations. Significant events like the 2016 enactment of the "Alabama Constitutional Carry" law underscored a commitment to Second Amendment rights, while ongoing debates about gun control and public safety continue to shape the discourse around firearm ownership in the state. These developments illustrate Alabama's trajectory towards expanding firearm rights, often in response to both legal challenges and public sentiment.

Permit Eligibility, Training and Application Process

In Alabama, the history of concealed carry weapons permits has evolved significantly over the years. Initially, in 1913, Alabama enacted a law requiring individuals to obtain a permit to carry a concealed weapon, but it was not strictly enforced. A major change occurred in 2013 with the passage of Act 2013-283, which streamlined the application process and allowed electronic submissions. In 2015, the state further amended the law to clarify that permits are valid for five years and established a fee structure. The most significant development came in 2022 when Alabama passed a law allowing permitless carry, enabling individuals 19 and older to carry concealed firearms without a permit, although existing permit systems remained in place for those who prefer them. These changes reflect a growing trend toward expanding gun rights in the state while balancing public safety concerns.

Alabama Permit Eligibility:

Within 30 days from receipt of a completed application, a sheriff shall approve or deny the application. In making a determination whether to approve or deny the issuance or renewal of a permit, the sheriff shall consider whether the applicant:

1. Was found guilty but mentally ill in a criminal case.
2. Was found not guilty in a criminal case by reason of insanity or mental disease or defect.
3. Was declared incompetent to stand trial in a criminal case.
4. Asserted a defense in a criminal case of not guilty by reason of insanity or mental disease or defect.
5. Was found not guilty only by reason of lack of mental responsibility under the Uniform Code of Military Justice.
6. Required involuntary inpatient treatment in a psychiatric hospital or similar treatment facility.
7. Required involuntary outpatient treatment in a psychiatric hospital or similar treatment facility based on a finding that the person is an imminent danger to himself or herself or to others.
8. Required involuntary commitment to a psychiatric hospital or similar treatment facility for any reason, including drug use.
9. Is or was the subject of a prosecution or of a 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. Falsified any portion of the permit application.
11. Caused justifiable concern for public safety.
Ala. Code § 13A-11-75(a)

 

Alabama Permit Application Process:

  1. Visit your county sheriff and fill out the application (some are available online).
  2. Pay the $20-$100 application fee (varies slightly by county).
  3. Wait for your license to be issued

The sheriff of a county, upon the application of any person residing in that county, within 30 days from receipt of a complete application and accompanying fee, shall issue or renew a permit for such person to carry a pistol in a vehicle or concealed on or about his or her person within this state for one- to five-year increments, as requested by the person seeking the permit.

Ala. Code § 13A-11-75(b)

 

Permitless Carry Law

The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit.

Constitutional Carry Effective January 1, 2023: Signed by the governor on March 10, 2022, Alabama will officially become a Constitutional Carry state on January 1, 2023 when the law takes effect. Although a Pistol Permit is no longer required, there are many benefits to having one (including traveling and being exempt from several federal laws).

Alabama Permit Recognition

The issuance of a permit to carry a pistol pursuant to Section 13A-11-75, or the recognition of a nonresident license pursuant to Section 13A-11-85, does not impose a general prohibition on the carrying of a pistol without a permit.

Ala. Code § 13A-11-74.1

 

Alabama Permitless Carry
Except as otherwise provided in this article, no person shall carry a pistol about his person on private property not his own or under his control unless the person possesses a valid concealed weapon permit or the person has the consent of the owner or legal possessor of the premises; but this section shall not apply to any law enforcement officer in the lawful discharge of the duties of his office, or to United States marshal or his deputies, rural free delivery mail carriers in the discharge of their duties as such, bonded constables in the discharge of their duties as such, conductors, railway mail clerks and express messengers in the discharge of their duties.
Ala. Code § 13A-11-52

Reciprocity Agreements

Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state.

When you are in another state, you are subject to that state’s laws. Even if a state recognizes your carry permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!

Recognizes a Alabama License or does not require a license
Recognizes Alabama Resident License only
Does not recognize an Alabama License
Permitless Carry State

Alabama Reciprocity Agreements
(a) A person licensed to carry a handgun in any state shall be authorized to carry a handgun in this state. This section shall apply to a license holder from another state only while the license holder is not a resident of this state. A license holder from another state shall carry the handgun in compliance with the laws of this state. The issuance of a permit to carry a pistol pursuant to Section 13A-11-75 or the recognition of a nonresident license under this section does not impose a general prohibition on the carrying of a pistol without a permit.(b) The Attorney General may enter into reciprocal agreements with other states for the mutual recognition of licenses to carry handguns and shall periodically publish a list of states which recognize licenses issued pursuant to Section 13A-11-75.

Ala. Code § 13A-11-85

State Preemption Laws

State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties.

Alabama Preemption Law

c. Except as otherwise provided in Act 2013-283 or as expressly authorized by a statute of this state, the Legislature hereby occupies and preempts the entire field of regulation in this state touching in any way upon firearms, ammunition, and firearm accessories to the complete exclusion of any order, ordinance, or rule promulgated or enforced by any political subdivision of this state.

d. The authority of a political subdivision to regulate firearms, ammunition, or firearm accessories shall not be inferred from its proprietary authority, home rule status, or any other inherent or general power.

e. Any existing orders, ordinances, or rules promulgated or enforced contrary to the terms of this section are null and void and any future order, ordinance, or rules shall comply with this section.

Ala. Code § 13A-11-61.3

 

Purchase/Transfer Laws

When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g).

Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law.

In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms.

Alabama Private-Party Firearm Transfers

Alabama has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer.

Alabama law prohibits anyone from delivering a handgun (but not a long gun) to any person he or she has reasonable cause to believe is a minor, (except under the circumstances provided in Section 13A-11-72), a drug addict, an habitual drunkard, or a person of unsound mind, has been convicted in this state or elsewhere of committing or attempting to commit a crime of violence, misdemeanor offense of domestic violence, a violent offense as listed in Section 12-25-32(14), anyone who is subject to a valid protection order for domestic abuse, or anyone of unsound mind.

Ala. Code § 13A-11-76

 

Firearm Classification and Accessory Restrictions

Carrying Concealed Weapons
A person who, in violation of this article, carries concealed about his or her person or in a vehicle a pistol or firearm of any other kind shall, on conviction, be guilty of a Class B misdemeanor.
Ala. Code § 13A-11-50

Magazine Capacity Restrictions

Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds.

Alabama has no laws restricting the ammunition capacity of magazines.

Prohibited Areas - Where Firearms Are Prohibited Under State law

Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state.

Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas.

Alabama Prohibited Areas

In addition to the federal prohibited areas, in Alabama you may NOT carry a handgun, openly or concealed, in:

  1. Inside the building of a police, sheriff, or highway patrol station.
  2. Inside or on the premises of a prison, jail, halfway house, community corrections facility, or other detention facility for those who have been charged with or convicted of a criminal or juvenile offense.
  3. Inside a facility which provides inpatient or custodial care of those with psychiatric, mental, or emotional disorders.
  4. Inside a courthouse, courthouse annex, a building in which a district attorney's office is located, or a building in which a county commission or city council is currently having a regularly scheduled or specially called meeting or the primary office of any elected official. For purposes of this subdivision, “courthouse annex” means either of the following:
    1. A building constructed, purchased, or repurposed as part of a courthouse complex, judicial complex, or probate court, for so long as the building is actively and regularly used for that purpose.
    2. A building or part of a building that, by order of any judge or probate judge, is having regularly scheduled or specially called judicial proceedings. A building or part of a building that is a courthouse annex pursuant to this subparagraph shall be a courthouse annex only for the duration of the judicial proceedings and any other related activities that the judge orders necessary. 13A–11–61.2
  5. Inside any facility hosting an athletic event not related to or involving firearms which is sponsored by a private or public elementary or secondary school or any private or public institution of postsecondary education, (this does not apply to pistol license holders under 13A-11-75(a)(1))
  6. Inside any facility hosting a professional athletic event not related to or involving firearms (this does not apply to pistol license holders under 13A-11-75(a)(1))
  7. Alabama State House (2011 AL OHJR 9)

Ala. Code § 13A-11-61.2 (a)

 

Alabama Secure Buildings Law
A person, including a person with a permit, without the express permission of a person or entity with authority over the premises, may not knowingly possess or carry a firearm inside any building or facility to which access of unauthorized persons and prohibited articles is limited during normal hours of operation by the continuous posting of guards and the use of other security features, including, but not limited to, magnetometers, key cards, biometric screening devices, or turnstiles or other physical barriers that prevent persons entering the facility from bringing prohibited items into the facility.
Ala. Code § 13A-11-61.2

 

Alabama Schools
Alabama law generally prohibits knowingly, with intent to do bodily harm, carrying or possessing a firearm on the premises of a public school, However, permit holders may carry a firearm on the premises of a public school.

The term, “public school,” applies only to a school composed of grades K-12, but includes a school bus used for grades K-12.

Alabama has no law restricting firearms on the campuses of colleges or universities.

Ala. Code § 13A-11-72 (d)

 

Demonstrations at Public Places
It shall be unlawful for any person, other than a law enforcement officer, to have in his or her possession or on his or her person or in any vehicle any firearm while participating in or attending any demonstration being held at a public place.

It shall be unlawful for any person, other than a law enforcement officer as defined in subsection (a) of this section, to have in his or her possession or about his or her person or in any vehicle at a point within 1,000 feet of a demonstration at a public place, any firearm after having first been advised by a law enforcement officer that a demonstration was taking place at a public place and after having been ordered by such officer to remove himself or herself from the prescribed area until such time as he or she no longer was in possession of any firearm. This subsection shall not apply to any person in possession of or having on his or her person any firearm within a private dwelling or other private building or structure.

Any person violating any of the provisions of this section shall be guilty of a misdemeanor and shall be punished as provided by law.

Ala. Code § 13A-11-59

 

Carrying on Private Property
Except as otherwise provided in this article, no person shall carry a pistol about his person on private property not his own or under his control unless the person possesses a valid concealed weapon permit or the person has the consent of the owner or legal possessor of the premises; but this section shall not apply to any law enforcement officer in the lawful discharge of the duties of his office, or to United States marshal or his deputies, rural free delivery mail carriers in the discharge of their duties as such, bonded constables in the discharge of their duties as such, conductors, railway mail clerks and express messengers in the discharge of their duties.
Ala. Code § 13A-11-52

 

Alabama Employers

a. Except as provided in subdivision (b), a public or private employer may restrict or prohibit its employees, including those with a permit issued or recognized under Section 13A-11-75, from carrying firearms while on the employer's property or while engaged in the duties of the person's employment.

b. 1. A public or private employer may not restrict or prohibit the transportation or storage of a lawfully possessed pistol or ammunition for that pistol in an employee's privately owned motor vehicle while parked or operated in a public or private parking area; provided, that the employee satisfies all of the following conditions:

a. The motor vehicle is operated or parked in a location where it is otherwise permitted to be.
b. The pistol is either of the following:
1. In a motor vehicle attended by the employee, kept from ordinary observation within the person's motor vehicle.
2. In a motor vehicle unattended by the employee, kept from ordinary observation and locked within a compartment, container, or in the interior of the person's privately owned motor vehicle or in a compartment or container securely affixed to the motor vehicle.

Ala. Code § 13A-11-90

Methods of Carry - Open Carry Laws

Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others.

Open carry is legal in Alabama. However, the prohibited areas previously covered apply to open carry as well as concealed carry.

Disorderly Conduct (Brandishing)

A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he or she does any of the following:

  1. Engages in fighting or in violent tumultuous or threatening behavior.
  2. Makes unreasonable noise.
  3. In a public place uses abusive or obscene language or makes an obscene gesture.
  4. Without lawful authority, disturbs any lawful assembly or meeting of persons.
  5. Obstructs vehicular or pedestrian traffic, or a transportation facility.
  6. Congregates with other person in a public place and refuses to comply with a lawful order of law enforcement to disperse.

b. Disorderly conduct is a Class C misdemeanor.

c. The mere carrying of a pistol, holstered or otherwise secured on or about one's person, without brandishing the weapon, in a public place, in and of itself, is not a violation of this section. For purposes of this subsection, "brandishing" shall mean the waving, flourishing, displaying, or holding of an item in a manner that is threatening or would appear threatening to a reasonable person, with or without explicit verbal threat, or in a wanton or reckless manner.

Ala. Code § 13A-11-7 (a)

No Weapons Signs

No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.

In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.

Possession of Firearms Prohibited

(b)(1) Notwithstanding the provisions of subsection (a), and in addition to any other place where possession of a firearm or a pistol is prohibited by federal or state law or may be prohibited pursuant to federal or state law, including, but not limited to, Section 13A-11-52, a person, including a person with a permit issued under Section 13A-11-75 or recognized under Section 13A-11-85, without the express permission of a person or entity with authority over the premises, may not knowingly possess or carry a firearm inside any building or facility to which access of unauthorized persons and prohibited articles is limited during normal hours of operation by the continuous posting of guards and the use of other security features, including, but not limited to, magnetometers, key cards, biometric screening devices, or turnstiles or other physical barriers that prevent persons entering the facility from bringing prohibited items into the facility.

(c) The person or entity with authority over the premises set forth in subdivisions (1) to (6), inclusive, of subsection (a) and subsection (b) shall place a notice at the public entrances of such premises or buildings alerting those entering that firearms are prohibited.

Ala. Code § 13A-11-61.2

Controlled Substance/Alcohol Laws

Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed.

Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”

27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3)

Alabama law does not address the issue of carrying a firearm under the influence of alcohol or controlled substances.

 

Vehicle and Transport Laws

Permit reciprocity and other differences between state regulation of firearms can create a difficult landscape for firearm owners to navigate while transporting firearms interstate. In 1968, and again in 1986, Congress set out to help hunters, travelers, and other firearm owners who were getting arrested for merely transporting firearms through restrictive states. To help simplify the complex web of state firearm laws, Congress passed the 1986 Firearm Owners Protection Act (“FOPA”) as part of Senate Bill 2414. The specific “safe harbor” provision of the law, often referred to as the “McClure-Volkmer Rule,” provides some protection for gun owners transporting firearms through restrictive states, subject to strict requirements. This federal law is covered in more detail in the federal law section of this database.

Beyond federal law, the laws of each state will impose additional restrictions, or protections, related to transporting firearms in a vehicle.

Vehicle Storage in Prohibited Areas:
Any firearm on the premises of any facility set forth in subdivision (1) of subsection (a), or subdivisions (4) to (6) inclusive, of subsection (a), or subsection (b) shall be kept from ordinary observation and locked within a compartment or in the interior of the person's motor vehicle or in a compartment or container securely affixed to the motor vehicle.

Ala. Code § 13A-11-61.2(d)

Storage Requirements

Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors.

Alabama does not have any laws specifically related to how firearms must be stored.

 

Police Encounter Laws

Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession.

In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state.

The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.

Alabama is a quasi duty-to-inform state, which means you are not required to affirmatively tell a police officer if you have a firearm, but you must respond if asked.

Duty to Inform Law Enforcement

Any person who knowingly possesses a pistol or firearm concealed on or about his or her person or in a vehicle occupied by the person, and who is asked by a law enforcement officer operating in the line or scope of his or her official duties whether he or she is armed with a concealed pistol or firearm, shall immediately inform the law enforcement officer that the person is in possession of a pistol or firearm.

Ala. Code § 13A-11-95

 

Alabama Traffic Stops with Firearms
A person who is the driver or occupant of any motor vehicle that is stopped as a result of a traffic stop or as a result of a stop for another law enforcement purpose and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle shall not knowingly touch the handgun with his or her hands or fingers at any time after a person known to be a law enforcement officer begins approaching and before the law enforcement officer terminates contact with the person, unless the person has contact with the loaded handgun pursuant to, and in accordance with, directions given by the law enforcement officer.
Ala. Code § 13A-11-96(a)

 

Law Enforcement Temporary Custody of Firearm
(a) If at any time during an investigation a law enforcement officer acting in the lawful discharge of the officer's official duties has a reasonable suspicion that an individual is engaged or is about to be engaged in criminal conduct, or the officer determines that a reasonable person would believe that it is necessary for the protection of the officer, individual, or any other individual, the officer may temporarily take into custody the firearm that could be used to engage in criminal conduct or to cause harm to the officer, individual, or any other individual.
(b) While the firearm is in the law enforcement officer's possession, and if the officer has a reasonable suspicion that an individual is engaged or is about to be engaged in criminal conduct, the law enforcement officer may conduct a search of any available local, state, or federal criminal history and weapons databases to determine whether the individual is prohibited from possessing the firearm or whether the firearm should not be returned to the individual pursuant to state or federal law.

(c) The law enforcement officer shall return the firearm to the individual before discharging the individual from the scene if the officer determines that both of the following are fulfilled:

(1) The individual is not an immediate threat to the officer, individual, or any other individual.

(2) The individual has not committed a violation that results in the arrest of the individual.

Ala. Code § 13A-11-97

Red Flag or Emergency Risk Orders

Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions.

Alabama does not have Emergency Risk Orders ("Red Flag Laws").

Use of Force in Defense of Person

The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws.

Alabama Force in Defense of a Person

A person may use deadly physical force, and is legally presumed to be justified in using deadly physical force in self-defense or the defense of another person, if the person reasonably believes that another person is:

  1. Using or about to use unlawful deadly physical force.
  2. Using or about to use physical force against an occupant of a dwelling while committing or attempting to commit a burglary of such dwelling.
  3. Committing or about to commit a kidnapping in any degree, assault in the first or second degree, burglary in any degree, robbery in any degree, forcible rape, or forcible sodomy.
  4. Using or about to use physical force against an owner, employee, or other person authorized to be on business property when the business is closed to the public while committing or attempting to commit a crime involving death, serious physical injury, robbery, kidnapping, rape, sodomy, or a crime of a sexual nature involving a child under the age of 12.
  5. In the process of unlawfully and forcefully entering, or has unlawfully and forcefully entered, a dwelling, residence, business property, or occupied vehicle, or federally licensed nuclear power facility, or is in the process of sabotaging or attempting to sabotage a federally licensed nuclear power facility, or is attempting to remove, or has forcefully removed, a person against his or her will from any dwelling, residence, business property, or occupied vehicle when the person has a legal right to be there, and provided that the person using the deadly physical force knows or has reason to believe that an unlawful and forcible entry or unlawful and forcible act is occurring.

Ala. Code § 13A-3-23

Use of Force in Defense of Others

Defense of third-party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state.

Alabama does not have a law specific to the defense of others but does allow for the defense of a third person in its defense-of-person law.

Use of Force in Defense of Habitation

The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.

Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all.

Alabama Force in Defense of Premises

a. A person in lawful possession or control of premises, as defined in Section 13A-3-20, or a person who is licensed or privileged to be thereon, may use physical force upon another person when and to the extent that he reasonably believes it necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of a criminal trespass by the other person in or upon such premises.

b. A person may use deadly physical force under the circumstances set forth in subsection (a) of this section only:

  1. In defense of a person, as provided in Section 13A-3-23; or
  2. When he reasonably believes it necessary to prevent the commission of arson in the first or second degree by the trespasser.

Ala. Code § 13A-3-25

Use of Force in Defense of Property

Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted.

Alabama Force in Defense of Property

A person is justified in using physical force, other than deadly physical force, upon another person when and to the extent that he reasonably believes it to be necessary to prevent or terminate the commission or attempted commission by the other person of theft or criminal mischief with respect to property other than premises.

Ala. Code § 13A-3-26

Self-Defense Immunity

To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits.

Alabama Self-Defense Immunity

  1. A person who uses force, including deadly physical force, as justified and permitted in this section is immune from criminal prosecution and civil action for the use of such force, unless the force was determined to be unlawful.
  2. Prior to the commencement of a trial in a case in which a defense is claimed under this section, the court having jurisdiction over the case, upon motion of the defendant, shall conduct a pretrial hearing to determine whether force, including deadly force, used by the defendant was justified or whether it was unlawful under this section. During any pretrial hearing to determine immunity, the defendant must show by a preponderance of the evidence that he or she is immune from criminal prosecution.
  3. If, after a pretrial hearing under subdivision (2), the court concludes that the defendant has proven by a preponderance of the evidence that force, including deadly force, was justified, the court shall enter an order finding the defendant immune from criminal prosecution and dismissing the criminal charges.
  4. If the defendant does not meet his or her burden of proving immunity at the pre-trial hearing, he or she may continue to pursue the defense of self-defense or defense of another person at trial. Once the issue of self-defense or defense of another person has been raised by the defendant, the state continues to bear the burden of proving beyond a reasonable doubt all of the elements of the charged conduct.

Ala. Code § 13A-3-23 (d)

Duty to Retreat

A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations.

Alabama Stand-Your-Ground Law

A person who is justified under subsection (a) in using physical force, including deadly physical force, and who is not engaged in an unlawful activity and is in any place where he or she has the right to be has no duty to retreat and has the right to stand his or her ground.

Ala. Code § 13A-3-23

Self-Defense Limitations

Alabama Self-Defense Exclusions

A person is not justified in using physical force if:

  1. With intent to cause physical injury or death to another person, he or she provoked the use of unlawful physical force by such other person.
  2. He or she was the initial aggressor, except that his or her use of physical force upon another person under the circumstances is justifiable if he or she withdraws from the encounter and effectively communicates to the other person his or her intent to do so, but the latter person nevertheless continues or threatens the use of unlawful physical force.
  3. The physical force involved was the product of a combat by agreement not specifically authorized by law.

Ala. Code § 13A-3-23 (c)

 

Alabama Self-Defense Exclusions

The legal presumption that a person using deadly physical force is justified to do so pursuant to this subdivision does not apply if:

  1. The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner or lessee, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person;
  2. The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used;
  3. The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or
  4. The person against whom the defensive force is used is a law enforcement officer acting in the performance of his or her official duties.

Ala. Code § 13A-3-23 (a) (5)

Use of Force Against Animals

Cruelty to a dog or cat shall not apply to any of the following persons or institutions

(3) Any person who kills a dog or cat found outside of the owned or rented property of the owner or custodian of the dog or cat when the dog or cat threatens immediate physical injury or is causing physical injury to any person, animal, bird, or silvicultural or agricultural industry.
(4) A person who shoots a dog or cat with a BB gun not capable of inflicting serious injury when the dog or cat is defecating or urinating on the person's property.

Ala. Code § 13A-11-246

Cases to Watch

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