Alabama Constitution of 1901 Local Amendments Franklin County § 9.80

(1) Church. A bona fide duly constituted religious society or ecclesiastical body of any sect, order, or denomination, or any congregation thereof.

(2) Deadly physical force. Force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.

(3) Force. Physical action or threat against another, including confinement.

(4) Premises. The term includes any building, as defined in this section, and any real property.

(f)(1) Prior to the commencement of a trial in a case in which a defense is claimed under this amendment, the court having jurisdiction over the case, upon motion of the defendant, shall conduct a pretrial hearing to determine whether deadly force, used by the defendant was justified or whether it was unlawful under this amendment. 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.

(2) If, after a pretrial hearing under subdivision (1), the court concludes that the defendant has proved 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.

(3) If the defendant does not meet his or her burden of proving immunity at the pretrial 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.