HF3130 (Legislative Session 94 (2025-2026))
Law on use of force in self-defense clarified, common law duty to retreat in cases of self-defense outside the home expanded, and presumption of right to self-defense created.
AI Generated Summary
Purpose of the Bill
The bill aims to clarify and amend the laws in Minnesota concerning the use of force in self-defense situations. Specifically, it seeks to update statutory language regarding the circumstances under which individuals may lawfully use force in self-defense, particularly expanding and codifying the concept of "Stand Your Ground."
Main Provisions
Elimination of the Duty to Retreat: The bill proposes to eliminate the common law duty to retreat before using force in self-defense, particularly outside of one's home. This means individuals will no longer be legally required to attempt to escape a threatening situation before resorting to using force for self-protection.
Expansion of Dwelling Boundaries: It expands the definition of "dwelling" for self-defense purposes, potentially broadening the areas where individuals can assert a right to defend themselves with force without retreat.
Presumption of Right to Self-Defense: Introduces a legal presumption in favor of an individual’s right to self-defense. This means that courts would start by assuming that a person acted appropriately in defending themselves.
Significant Changes to Existing Law
Stand Your Ground Provision: By removing the duty to retreat, the bill effectively enacts a "Stand Your Ground" law in Minnesota. This aligns the state's laws with similar statutes present in other states, empowering individuals to use force without retreating when they perceive a threat to their safety.
Modification of Self-defense Contexts: The bill introduces new contexts and clarifications for when reasonable force may be used, such as changes in how force can be applied by individuals versus public officers under various circumstances.
Relevant Terms
Stand Your Ground, self-defense, duty to retreat, reasonable force, use of force, dwelling expansion, presumption of right, public safety, Minnesota Statutes chapter 609.
Bill text versions
- Introduction PDF file
Actions
Date | Chamber | Where | Type | Name | Committee Name |
---|---|---|---|---|---|
April 06, 2025 | House | Floor | Action | Introduction and first reading, referred to | Public Safety Finance and Policy |
Citations
[ { "analysis": { "added": [], "removed": [ "The common law duty to retreat outside the home." ], "summary": "This bill addresses when reasonable force may be used under section 609.06 relating to public safety and self-defense scenarios.", "modified": [ "Clarifies instances for use of force in self-defense." ] }, "citation": "609.06", "subdivision": "subdivision 1" } ]