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 aims to update and clarify Minnesota's self-defense laws, particularly concerning the use of force in defending one's home and person. Key points include:
Elimination of Duty to Retreat: The bill removes the obligation to retreat before using force in self-defense outside of the home, allowing individuals to stand their ground.
Expanded Definition of Dwelling: The definition of "dwelling" is broadened to include various types of accommodation, such as motor vehicles and temporary residences like tents.
Presumption of Threat: There is a legal presumption that an individual has a reasonable belief of imminent harm if someone forcibly or stealthily enters or attempts to enter their dwelling or vehicle, thereby justifying the use of defensive force, including deadly force.
Clarification of Defensive Circumstances: It details when deadly force is justified, particularly in defending against felonies or imminent threats of serious harm or death within one's dwelling or against forcible felonies.
Immunity from Prosecution: Individuals using force in self-defense or in defense of their dwelling are granted immunity from criminal prosecution if their actions are justified under this statute.
Burden of Proof in Trials: In criminal trials featuring self-defense claims, the burden lies with the state to prove beyond a reasonable doubt that the defendant's actions were not justified.
The bill, referred to as the "Defense of Dwelling and Person Act of 2025," seeks to provide clearer rights and protections to individuals acting in self-defense within their homes or vehicles.
Bill text versions
- Introduction PDF file
Actions
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