Alabama Gives Police What Some Describe As A 'License To Shoot'

Residents of Alabama should be aware of the consequences of the news police immunity law. The much-debated HB202 will become law October 1, 2025.

It basically changes the way that law enforcement officers face review for using deadly force, effectively giving the police freedom to use deadly force without repercussion unless it is deemed that their actions fell outside of their discretion within their job duties.

“I think it's a license to shoot and people should understand that,” Alabama State Rep. Jeremy Gray who represents Opelika and part of Phenix City, said adding that he vehemently opposed the legislation, which was introduced by Rep. Rex Reynolds of Huntsville.

No Democrats in the House or Senate voted for the bill, but Gov. Kay Ivey is touting it as a bi-partisan piece of legislation.

“Bolstering public safety is my number one priority this session, and I am proud to partner with Speaker Ledbetter and a bipartisan group of legislators in putting forward a package of bills that will back the blue and combat inner city gun violence,” Ivey said. “Working together, we will create a safer Alabama.” 

According to the new Alabama law officers will be immune from civil liability and criminal prosecution so long as: “Governmental conduct by a law enforcement officer performing a legitimate job-related function or pursuing a legitimate job-related goal through means that were within the law enforcement officer's plausible power to utilize.”

The law also leaves it up to the court to determine “whether governmental conduct was performed within a law enforcement officer's discretionary authority” before any criminal or civil charges can be filed.

The law also changes who has the right to appeal the court’s decision. Under the new law, if the court rules in the officer’s favor, no appeal is allowed. However, if the court rules against the law enforcement officer, they have the right to appeal.

“The court must determine whether, if done for a proper purpose, the conduct was within, or reasonably related to, the outer perimeter of a law enforcement officer's governmental discretion in performing his or her official duties,” according to the legislation.

The only two instances that disqualify the law enforcement officer from receiving immunity are: 1. “…The law enforcement officer acted recklessly without law enforcement justification;” or 2. “…The conduct violated a clearly established state statutory or constitutional right of the plaintiff of which every reasonable law enforcement officer would have known at the time of the law enforcement officer's conduct.”

“I think it's a terrible deal, especially when you think of how hard it is already to get convictions against officers,” said Gray, alluding to two police involved deadly shootings in Madison and Cullman counties. “So, when you add this extra layer on it, not only to the criminal side, but also as far as the money side, then it makes it hard even to get some kind of monetary resolution if you don't get a conviction. You can't even really get compensated for all the bad things your family member went through.”

According to Gray, Alabama State Troopers already had this immunity, and this bill adds city, county, and corrections officers to the statute.

According to World Population Review, 222 individuals have been killed at the hands of law enforcement officers in Alabama between 2013 and 2023, with 18 of those deaths coming in 2023. No information was provided related to the race of those killed.

During that same time, in Georgia there have been 453 deaths, with 25 of those occurring in 2023.

“While the overwhelming majority of police actions are completed safely, scenarios also arise in which police officers administer lethal force, causing the death of civilians (usually suspects) involved in the situation. Police killings are a subject of considerable controversy and often inspire both deep debate and far-reaching investigations.” according to WPR report. “The fact that minorities, particularly blacks, appear notably more likely than whites to die during a police encounter is an area of particular concern.”