SF458 (Legislative Session 94 (2025-2026))
Force of defense of home and person clarification
Related bill: HF893
AI Generated Summary
Senate File No. 458 is a bill aimed at amending current firearms and self-defense laws in Minnesota. The key points of the bill include:
- Clarifying and extending existing laws on self-defense and the defense of one's home.
- Eliminating the requirement to retreat in situations of self-defense outside the home, commonly known as "stand your ground" laws.
- Broadening the definition of "dwelling" for self-defense purposes to include not just buildings, but also conveyances like vehicles, mobile homes, and tents, along with their surroundings like porches and decks.
- Creating a legal presumption of a threat, favoring the defender, if someone forcefully or stealthily enters or attempts to enter an occupied dwelling or vehicle. This presumption simplifies defending such cases by placing the initial benefit of the doubt with the person defending their home or vehicle.
- Specifying the conditions under which the use of deadly force is justified, including the defense against felonies occurring in the person’s dwelling or against threats posing imminent great bodily harm or death.
- Outlining specific circumstances where the use of deadly force is not justified, such as when the intruder is a lawful resident, or when the person using force is engaged in criminal activity or confronting a lawful peace officer.
- Providing immunity from criminal prosecution for individuals who use force in self-defense under this law.
The bill aims to expand and clarify the rights of individuals to defend themselves and their homes, emphasizing the legal protection for those who act in self-defense without requiring them to retreat when threatened.
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 |
Citations
[
{
"analysis": {
"added": [
"Clarification on circumstances when deadly force can be used, especially in dwelling defense."
],
"removed": [],
"summary": "The statute mentions that the intentional taking of the life of another is not authorized by section 609.06 except under specific circumstances.",
"modified": [
"Expands definitions and situations where force is justifiable."
]
},
"citation": "609.06"
},
{
"analysis": {
"added": [
"Definitions for terms related to the use of deadly force, including 'Dwelling' and 'Forcible felony'."
],
"removed": [],
"summary": "Modifications to justifiable use of deadly force in defense of home and person under section 609.065.",
"modified": [
"Conditions under which deadly force can be justified, including presence in dwelling and imminent threat."
]
},
"citation": "609.065"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "First degree murder is referenced as a forcible felony under section 609.185.",
"modified": [
"Listed as part of clarifying justification for use of force."
]
},
"citation": "609.185"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Second degree murder is referenced as a forcible felony under section 609.19.",
"modified": [
"Listed as part of clarifying justification for use of force."
]
},
"citation": "609.19"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "First degree manslaughter is referenced as a forcible felony under section 609.20.",
"modified": [
"Listed as part of clarifying justification for use of force."
]
},
"citation": "609.20"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "First degree assault is referenced as a forcible felony under section 609.221.",
"modified": [
"Listed as part of clarifying justification for use of force."
]
},
"citation": "609.221"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Second degree assault is referenced as a forcible felony under section 609.222.",
"modified": [
"Listed as part of clarifying justification for use of force."
]
},
"citation": "609.222"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Third degree assault is referenced as a forcible felony under section 609.223.",
"modified": [
"Listed as part of clarifying justification for use of force."
]
},
"citation": "609.223"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "First degree criminal sexual conduct is referenced as a forcible felony under section 609.342.",
"modified": [
"Listed as part of clarifying justification for use of force."
]
},
"citation": "609.342"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Second degree criminal sexual conduct is referenced as a forcible felony under section 609.343.",
"modified": [
"Listed as part of clarifying justification for use of force."
]
},
"citation": "609.343"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "First degree arson is referenced as a forcible felony under section 609.561.",
"modified": [
"Listed as part of clarifying justification for use of force."
]
},
"citation": "609.561"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Burglary in the first, second, and third degrees are referenced as forcible felonies under section 609.582.",
"modified": [
"Listed as part of clarifying justification for use of force."
]
},
"citation": "609.582"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Robbery is referenced as a forcible felony under section 609.24.",
"modified": [
"Listed as part of clarifying justification for use of force."
]
},
"citation": "609.24"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Another degree of robbery is referenced as a forcible felony under section 609.245.",
"modified": [
"Listed as part of clarifying justification for use of force."
]
},
"citation": "609.245"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Kidnapping is referenced as a forcible felony under section 609.25.",
"modified": [
"Listed as part of clarifying justification for use of force."
]
},
"citation": "609.25"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Protection orders are referenced under section 518B.01 in the definition of 'court order'.",
"modified": [
"Clarification in terms related to justifiable force."
]
},
"citation": "518B.01"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Restraining orders are referenced under section 609.748 in the definition of 'court order'.",
"modified": [
"Clarification in terms related to justifiable force."
]
},
"citation": "609.748"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "No contact orders are referenced under section 629.75 in the definition of 'court order'.",
"modified": [
"Clarification in terms related to justifiable force."
]
},
"citation": "629.75"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Definitions for great bodily harm and substantial bodily harm are provided under section 609.02.",
"modified": [
"Used for clarifying what constitutes 'great bodily harm' in the context of justifiable force."
]
},
"citation": "609.02"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Definitions related to buildings and dwellings under section 609.556.",
"modified": [
"Clarification of 'dwelling' for the purpose of self-defense and use of force."
]
},
"citation": "609.556"
}
]