HF258 (False House Legislative Session 94 (2025-2026))
Law on use of force in defense of home and person clarified, Minnesota's self-defense and defense of home laws codified and extended, common law duty to retreat eliminated, boundaries of dwelling expanded, presumption created, and rights extended to others defending against entry.
Related bill: SF458
AI Generated Summary
This bill focuses on the laws related to using force for self-defense in Minnesota. It aims to make the following changes:
Clarification and Expansion of Existing Self-defense Laws: The bill seeks to clarify and expand the current self-defense and home defense laws in the state.
Elimination of the Duty to Retreat: It removes the requirement for a person to retreat when threatened with bodily harm outside their home. This means individuals can defend themselves without the obligation to try and flee the situation first.
Definition of 'Dwelling': The definition of what constitutes a "dwelling" for the purpose of self-defense is broadened. It now includes not just traditional homes but also any temporary or permanent structures like tents or vehicles used as living spaces.
Presumption of Reasonable Belief in Threat: The bill introduces a presumption in favor of the individual using force if someone forcefully or stealthily enters their dwelling or vehicle. This means it is assumed the resident had a reasonable belief that they were facing a threat which may justify the use of force.
Expansion to Occupied Vehicles: The rights a person has while defending their home are extended to when they are defending against unlawful entry into any vehicle they occupy.
Legal Protections and Presumptions: It adds provisions that protect individuals from prosecution under certain conditions when they use force in self-defense, and outlines circumstances where these protections do not apply (such as against law enforcement officers performing their duties, or where the individual is committing a crime).
Legal Definitions and Terms: The bill defines various terms relevant to its provisions, such as "forcible felony" and "substantial bodily harm," to ensure clarity in its enforcement.
Overall, this bill strengthens and clarifies the rights of individuals to defend themselves and their property from perceived threats, with specific conditions under which deadly force is justifiable. It also provides legal protections for those who act in self-defense according to the outlined situations.
Bill text versions
- Introduction PDF file
Actions
Date | Chamber | Where | Type | Name | Committee Name |
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Sponsors
- Rep. Max Rymer (R)
- Rep. Jeff Backer (R)
- Rep. Ben Davis (R)
- Rep. Tom Dippel (R)
- Rep. Steve Gander (R)
- Rep. Bobbie Harder (R)
- Rep. Isaac Schultz (R)
- Rep. Wayne Johnson (R)
- Rep. Krista Knudsen (R)
- Rep. Nathan Nelson (R)
- Rep. Paul Novotny (R)
- Rep. Thomas Sexton (R)
- Rep. Jeff Witte (R)
- Rep. Natalie Zeleznikar (R)
- Rep. Jim Nash (R)
- Rep. Terry Stier (R)