HF893

HF893 (Legislative Session 94 (2025-2026))

Law on use of force in defense of home and person clarified, self-defense and defense of home laws codified and extended, common law duty to retreat eliminated in certain cases, boundaries of dwelling expanded, presumption created, and rights extended to others defending against entry.

Related bill: SF458

AI Generated Summary

The legislative bill is designed to amend and clarify existing laws in Minnesota regarding the use of force for self-defense, especially in defending a home or personal property. Here are the primary changes and clarifications that the bill introduces:

Expansion of the "Castle Doctrine": The bill codifies and extends Minnesota's self-defense laws by removing the common law duty to retreat before using force in self-defense when outside the home.
Definition of 'Dwelling': The term now encompasses any place a person temporarily or permanently occupies as a habitation, including a broad range of structures like motor vehicles, watercraft, motor homes, and tents.
Presumption of Threat: The bill establishes a presumption that a person using defensive force against someone who is unlawfully and forcefully entering or has entered a dwelling or occupied vehicle believes they are facing a threat of bodily harm or death. This makes it easier to justify the use of force in these scenarios.
Force in Defense: The bill clarifies that individuals may use deadly force to prevent felony offenses in their dwelling or to prevent imminent bodily harm or death resulting from a felony offense or offense in their dwelling.
Peace Officers: The use of deadly force is not justified if the person against whom the force is being used is identified as a licensed peace officer performing their duties lawfully.
Legal Protections: Those who use force in self-defense under these guidelines are provided immunity from criminal prosecution, provided certain conditions are met.
Burden of Proof: The burden of proof in criminal cases involving self-defense claims shifts to the prosecution, which must establish beyond reasonable doubt that the use of force was not justifiable.

This bill, therefore, significantly affects how self-defense claims are assessed and prosecuted in Minnesota, potentially impacting those involved in such cases by providing more rights to defend oneself and one’s property, especially regarding when and how force can lawfully be used.

Bill text versions

Introduction PDF file

Actions

Date	Chamber	Where	Type	Name	Committee Name
February 16, 2025	House	Floor	Action	Introduction and first reading, referred to	Public Safety Finance and Policy
March 05, 2025	House	Floor	Action	Author added

Citations

[
  {
    "analysis": {
      "added": [
        "Clarifies definitions and extends self-defense rights to vehicles similar to homes."
      ],
      "removed": [
        "Eliminates the common law duty to retreat before using force outside of the home."
      ],
      "summary": "Amendments to Minnesota Statutes 2024 section 609.065 clarifying self-defense laws, expanding the boundaries for justified use of force in defense of homes and vehicles.",
      "modified": [
        "Creates a presumption of threat for unlawful entries and specifies conditions for lawful use of deadly force."
      ]
    },
    "citation": "609.065"
  },
  {
    "analysis": {
      "added": [
        "Establishes circumstances under which deadly force is presumed justified."
      ],
      "removed": [
        "Previous vague language on defensive actions not clearly tied to structural boundaries."
      ],
      "summary": "Modifications to the justification of lawful use of force in defense scenarios.",
      "modified": [
        "Refines legal thresholds for the justifiable use of force and burden of proof requirements in trials."
      ]
    },
    "citation": "609.06"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References the definition of court orders related to protection and no-contact directives.",
      "modified": [
        "Establishes links to enforceability of protection and restraint orders within defensive force contexts."
      ]
    },
    "citation": "518B.01"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Provides the statutory basis for restraining orders and their implications in self-defense cases.",
      "modified": [
        "Clarifies the impact of restraining orders on the presumption of lawful defensive actions."
      ]
    },
    "citation": "609.748"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "No-contact orders referenced in context of defensive force applications.",
      "modified": [
        "Highlights the legal standing of no-contact orders within the new defense statutes."
      ]
    },
    "citation": "629.75"
  }
]