Bill

Bill > SF458


MN SF458

MN SF458
Force of defense of home and person clarification


summary

Introduced
01/21/2025
In Committee
01/21/2025
Crossed Over
Passed
Dead

Introduced Session

94th Legislature 2025-2026

Bill Summary

A bill for an act relating to firearms; clarifying law on use of force in defense of home and person; codifying and extending Minnesota's self-defense and defense of home laws; eliminating the common law duty to retreat in cases of self-defense outside the home; expanding the boundaries of dwelling for purposes of self-defense; creating a presumption in the case of a person entering a dwelling or occupied vehicle by stealth or force; extending the rights available to a person in that person's dwelling to a person defending against entry of that person's occupied vehicle; amending Minnesota Statutes 2024, section 609.065.

AI Summary

This bill clarifies and expands Minnesota's laws regarding the use of deadly force in self-defense and defense of home and person. The legislation introduces comprehensive definitions for key terms like "dwelling" (which now includes a broad range of structures and vehicles), "deadly force" (intentional force likely to cause great bodily harm or death), and "forcible felony" (serious violent crimes). The bill eliminates the previous common law duty to retreat, allowing individuals to use all necessary force, including deadly force, when defending themselves or their property if they reasonably believe they are facing substantial bodily harm, great bodily harm, or death. The law creates a legal presumption that an individual has a reasonable belief of imminent threat if someone is unlawfully entering their dwelling or occupied vehicle by force or stealth. Importantly, the bill provides immunity from criminal prosecution for individuals using force in self-defense and shifts the burden of proof in criminal trials to the state to prove that the defendant's actions were not justifiable. The law explicitly does not apply to situations involving lawful peace officers and includes provisions to prevent its use by individuals engaged in criminal activity. The bill is set to become effective on August 1, 2025, and will apply to uses of deadly force occurring on or after that date.

Committee Categories

Justice

Sponsors (1)

Last Action

Referred to Judiciary and Public Safety (on 01/21/2025)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...