SF311 (Legislative Session 94 (2025-2026))

Self-defense use of force provisions modifications

Related bill: HF705

AI Generated Summary

The bill SF No. 311, known as the Defense of Dwelling and Person Act of 2025, proposes adjustments and clarifications to Minnesota's firearms and self-defense laws. Key points include:

  1. Clarification of Self-Defense Laws: It aims to clearly define and extend the existing laws on self-defense and the defense of one’s home.

  2. Elimination of Duty to Retreat: The bill proposes eliminating the requirement to retreat before using self-defense in situations outside the home, allowing individuals to use force without attempting to escape the threat first.

  3. Expansion of 'Dwelling' Definition: It broadens what can be considered a person's dwelling for self-defense purposes to include various types of accommodations like tents, motor homes, and attached structures such as porches.

  4. Presumption of Defense: The bill creates a legal presumption in favor of individuals using force against someone who stealthily or forcefully enters their dwelling or occupied vehicle. This means the law would favor the resident’s actions as defensive.

  5. Equating Vehicle with Home: Extends the rights a person has in their home to situations involving a forcefully entered occupied vehicle.

  6. Immunity from Prosecution: It provides immunity from criminal prosecution to those who use force in defense according to the stipulations of this law.

  7. Burden of Proof in Trials: The state must prove beyond a reasonable doubt that the defendant’s use of force was not justifiable if any evidence supports their claim of self-defense.

Overall, this bill seeks to strengthen the rights of individuals to protect themselves and their property and to simplify the legal grounds on which they can do so.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
January 20, 2025SenateFloorActionIntroduction and first reading
January 20, 2025SenateFloorActionReferred toJudiciary and Public Safety
January 26, 2025SenateFloorActionAuthor added
March 23, 2025SenateFloorActionAuthor stricken
March 23, 2025SenateFloorActionAuthor stricken

Citations

 
[
  {
    "analysis": {
      "added": [
        "A new subsection defining circumstances under which force is justifiable in defense of a vehicle."
      ],
      "removed": [
        "Elimination of the common law duty to retreat in self-defense situations outside the home."
      ],
      "summary": "This bill modifies the circumstances under which the use of deadly force is justified in defense of home and person under section 609.065.",
      "modified": [
        "Extended rights of defense from a person's dwelling to their occupied vehicle."
      ]
    },
    "citation": "609.065"
  }
]