HF283 (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 in certain cases, boundaries of dwelling expanded for purposes of self-defense, presumption created, and rights extended to others defending against forced entry.
Related bill: SF76
AI Generated Summary
This bill from Minnesota, known as the Defense of Dwelling and Person Act of 2025, seeks to update and clarify the state's laws on self-defense and defense of one's home. Key points of the legislation include:
Elimination of the Duty to Retreat: The bill removes the common law requirement to retreat when facing threats outside of one's home, allowing individuals to use force, including deadly force, in self-defense without the need to retreat.
Expanding the Definition of 'Dwelling': The definition of a dwelling is broadened to include any temporary or permanent living accommodation, such as motor vehicles, tents, and watercraft, along with their immediate surroundings like porches and decks.
Presumption of Reasonable Belief: If someone forcibly or stealthily enters or attempts to enter your dwelling or occupied vehicle, there's an assumption that you have a reasonable belief of imminent peril which justifies defensive action, including deadly force.
Specific Circumstances for Using Deadly Force: Deadly force can be used if it is believed necessary to prevent a felony in the dweller’s place, or to prevent imminent bodily harm or death due to a felony.
Conditions Where the Presumption Does Not Apply: The presumption does not apply if the person against whom force is used is a lawful resident or visitor of the dwelling or vehicle, or if the person has legal custody over someone in the dwelling or vehicle. Additionally, it doesn’t apply to acts against licensed peace officers performing their duties lawfully.
Immunity from Prosecution: Individuals are protected from criminal prosecution for using force in defense, compliant with this statute, provided the force was justified.
Burden of Proof: In criminal trials, the state must prove beyond a reasonable doubt that the actions of the defendant were not justifiable if there is any evidence supporting the defendant’s claims of self-defense or defense of others.
Overall, this bill aims to fortify the rights of individuals to protect themselves and their property, clarify circumstances under which defensive force is justified, and provide legal protections for those who act in self-defense under these defined circumstances.
Bill text versions
- Introduction PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| February 09, 2025 | House | Floor | Action | Introduction and first reading, referred to | Public Safety Finance and Policy |
| February 12, 2025 | House | Floor | Action | Author added | |
| February 16, 2025 | House | Floor | Action | Author added |
Citations
[
{
"analysis": {
"added": [
"Clarifying definitions and legal presumptions for the use of deadly force in defense of home and person."
],
"removed": [
"Eliminates the common law duty to retreat outside the home."
],
"summary": "This bill modifies the use of force in self-defense laws, specifically section 609.065, relating to justifiable taking of life.",
"modified": [
"Circumstances under which deadly force is justified and the presumptions applicable to individuals using such force."
]
},
"citation": "609.065"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This section is referenced in relation to the use of force in self-defense.",
"modified": [
"Clarifying when the burden of proof shifts to the state in cases involving self-defense."
]
},
"citation": "609.06"
},
{
"analysis": {
"added": [
"Inclusion of court orders under definitions of defense of home and person."
],
"removed": [],
"summary": "References the order for protection under section 518B.01.",
"modified": []
},
"citation": "518B.01"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This section pertains to restraining orders.",
"modified": []
},
"citation": "609.748"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This section pertains to no contact orders.",
"modified": []
},
"citation": "629.75"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The definition of 'Dwelling' references section 609.556, subdivision 3.",
"modified": []
},
"citation": "609.556"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This section includes references to crimes listed as forcible felonies.",
"modified": []
},
"citation": "609.185"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This section includes references to crimes listed as forcible felonies.",
"modified": []
},
"citation": "609.19"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This section includes references to crimes listed as forcible felonies.",
"modified": []
},
"citation": "609.20"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This section includes references to crimes listed as forcible felonies.",
"modified": []
},
"citation": "609.221"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This section includes references to crimes listed as forcible felonies.",
"modified": []
},
"citation": "609.222"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This section includes references to crimes listed as forcible felonies.",
"modified": []
},
"citation": "609.223"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This section includes references to crimes listed as forcible felonies.",
"modified": []
},
"citation": "609.24"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This section includes references to crimes listed as forcible felonies.",
"modified": []
},
"citation": "609.245"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This section includes references to crimes listed as forcible felonies.",
"modified": []
},
"citation": "609.25"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This section includes references to crimes listed as forcible felonies.",
"modified": []
},
"citation": "609.342"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This section includes references to crimes listed as forcible felonies.",
"modified": []
},
"citation": "609.343"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This section includes references to crimes listed as forcible felonies.",
"modified": []
},
"citation": "609.561"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This section includes references to crimes listed as forcible felonies.",
"modified": []
},
"citation": "609.582"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This section defined terms like 'great bodily harm' and 'substantial bodily harm' with subdivisions 8 and 7a respectively.",
"modified": []
},
"citation": "609.02"
}
]