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Bill > SF409


MN SF409

MN SF409
Law clarification on use of force in defense of home and person


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 self-defense laws, specifically addressing the use of deadly force in defense of home and person. The legislation introduces detailed definitions for key terms like "deadly force," "dwelling," and "forcible felony," and establishes clear circumstances under which an individual can legally use force, including deadly force. The bill eliminates the common law duty to retreat, meaning individuals are not required to flee before defending themselves, and creates a legal presumption that a person using force against someone unlawfully entering their dwelling or vehicle has a reasonable belief of facing imminent threat. The law extends self-defense protections to include occupied vehicles and broadens the definition of "dwelling" to include various types of temporary and permanent living spaces. Importantly, the bill provides immunity from criminal prosecution for individuals using force in self-defense, shifts the burden of proof in criminal trials to the state to prove that self-defense was not justified, and specifies that law enforcement must carefully consider self-defense claims before making an arrest. The bill will become effective on August 1, 2025, and applies to uses of deadly force occurring on or after that date.

Committee Categories

Justice

Sponsors (3)

Last Action

Author added Heintzeman (on 05/19/2025)

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