SF409

SF409 (Legislative Session 94 (2025-2026))

Law clarification on use of force in defense of home and person

Related bill: HF786

AI Generated Summary

Senate Bill 409, known as the "Defense of Dwelling and Person Act of 2025," seeks to update and expand Minnesota's existing laws on the use of force in self-defense. This bill clarifies the legal conditions under which individuals can use deadly force to protect themselves or their homes without the obligation to retreat first, even when outside the home.

Key points of the bill include:

Broadening the definition of "dwelling" to include any place a person is living temporarily or permanently, such as vehicles and tents, thus extending the right to use deadly force in more places.
Establishing a legal assumption that an individual has a reasonable belief of facing serious harm if someone is trying to or has unlawfully entered their dwelling or vehicle.
Stating that there is no duty to retreat if using force defensively; individuals can meet force with greater force to protect themselves until the danger is over.
Offering immunity from criminal prosecution for those who use force in self-defense, provided they meet the criteria set out in the bill.

The bill also sets conditions under which these rights do not apply, such as when the individual against whom the force is used is a lawful resident of the dwelling, a legal officer performing their duty, or if the person using the force is committing a crime. In essence, this legislation aims to protect and give more rights to law-abiding individuals defending themselves or their place of residence from unlawful intrusions or attacks.

Bill text versions

Introduction PDF file

Actions

Date	Chamber	Where	Type	Name	Committee Name
January 20, 2025	Senate	Floor	Action	Introduction and first reading
January 20, 2025	Senate	Floor	Action	Referred to	Judiciary and Public Safety
March 23, 2025	Senate	Floor	Action	Chief author stricken
March 23, 2025	Senate	Floor	Action	Chief author stricken
March 23, 2025	Senate	Floor	Action	Chief author added

Citations

[
  {
    "analysis": {
      "added": [
        "Clarification on definitions related to court orders for protection."
      ],
      "removed": [],
      "summary": "The bill references court orders issued under section 518B.01, which pertains to orders for protection.",
      "modified": [
        "Expanded situations where such orders are recognized."
      ]
    },
    "citation": "518B.01"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This citation discusses exceptions to the intentional taking of life as noted in section 609.06.",
      "modified": [
        "Clarification on circumstances under which deadly force may be justified beyond current scope."
      ]
    },
    "citation": "609.06"
  },
  {
    "analysis": {
      "added": [
        "Defines additional provisions around use of force in self-defense and defense of a dwelling."
      ],
      "removed": [
        "Common law duty to retreat outside the home."
      ],
      "summary": "Amendment of section 609.065 to clarify justifiable use of deadly force in defense scenarios.",
      "modified": [
        "Redefined terms and expanded definitions related to use of deadly force."
      ]
    },
    "citation": "609.065"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to first degree murder under section 609.185 as a forcible felony.",
      "modified": []
    },
    "citation": "609.185"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to second degree murder under section 609.19 as a forcible felony.",
      "modified": []
    },
    "citation": "609.19"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to first degree manslaughter under section 609.20 as a forcible felony.",
      "modified": []
    },
    "citation": "609.20"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to first degree assault under section 609.221.",
      "modified": []
    },
    "citation": "609.221"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to second degree assault under section 609.222.",
      "modified": []
    },
    "citation": "609.222"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to third degree assault under section 609.223.",
      "modified": []
    },
    "citation": "609.223"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to robbery under section 609.24.",
      "modified": []
    },
    "citation": "609.24"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to another provision on robbery under section 609.245.",
      "modified": []
    },
    "citation": "609.245"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to kidnapping under section 609.25 as a forcible felony.",
      "modified": []
    },
    "citation": "609.25"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to first degree criminal sexual conduct under section 609.342.",
      "modified": []
    },
    "citation": "609.342"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to second degree criminal sexual conduct under section 609.343.",
      "modified": []
    },
    "citation": "609.343"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to the definition of buildings under section 609.556, subdivision 3.",
      "modified": []
    },
    "citation": "609.556"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to first degree arson under section 609.561.",
      "modified": []
    },
    "citation": "609.561"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to burglary in the first, second, and third degrees under section 609.582.",
      "modified": []
    },
    "citation": "609.582"
  },
  {
    "analysis": {
      "added": [
        "Clarification on definitions related to restraining orders."
      ],
      "removed": [],
      "summary": "The bill references restraining orders issued under section 609.748.",
      "modified": [
        "Expanded situations where such orders are recognized."
      ]
    },
    "citation": "609.748"
  },
  {
    "analysis": {
      "added": [
        "Clarification on definitions related to no contact orders."
      ],
      "removed": [],
      "summary": "The bill references no contact orders issued under section 629.75.",
      "modified": [
        "Expanded situations where such orders are recognized."
      ]
    },
    "citation": "629.75"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to the definition of great bodily harm and substantial bodily harm under section 609.02.",
      "modified": []
    },
    "citation": "609.02"
  }
]