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, 2025HouseFloorActionIntroduction and first reading
January 20, 2025SenateFloorActionReferred toJudiciary and Public Safety
January 20, 2025HouseFloorActionReferred toJudiciary and Public Safety
January 26, 2025HouseFloorActionAuthor added
January 26, 2025SenateFloorActionAuthor added
March 23, 2025SenateFloorActionAuthor stricken

Citations

 
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      "summary": "The bill references a court order issued under section 518B.01 related to protection orders.",
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    },
    "citation": "518B.01",
    "subdivision": ""
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  {
    "analysis": {
      "added": [],
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      "summary": "Section 609.06 is mentioned in context of limits on the authorization to take the life of another, except when resisting or preventing an offense.",
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    },
    "citation": "609.06",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
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      "summary": "Reference to section 609.06 subdivision 1 regarding authorized defense actions.",
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    },
    "citation": "609.06",
    "subdivision": "subdivision 1"
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  {
    "analysis": {
      "added": [],
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      "summary": "First degree murder under section 609.185 is referenced as part of defining forcible felonies.",
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    "citation": "609.185",
    "subdivision": ""
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    "analysis": {
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      "summary": "Second degree murder under section 609.19 is referenced as part of defining forcible felonies.",
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    "citation": "609.19",
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    "analysis": {
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      "summary": "First degree manslaughter under section 609.20 is referenced as part of defining forcible felonies.",
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    "citation": "609.20",
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    "analysis": {
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      "summary": "First degree assault under section 609.221 is referenced as part of defining forcible felonies.",
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    "citation": "609.221",
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    "analysis": {
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      "summary": "Second degree assault under section 609.222 is referenced as part of defining forcible felonies.",
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    "citation": "609.222",
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    "analysis": {
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      "summary": "Third degree assault under section 609.223 is referenced as part of defining forcible felonies.",
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    "citation": "609.223",
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    "analysis": {
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      "summary": "First degree criminal sexual conduct under section 609.342 is referenced as part of defining forcible felonies.",
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    "analysis": {
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      "summary": "Second degree criminal sexual conduct under section 609.343 is referenced as part of defining forcible felonies.",
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      "summary": "First degree arson under section 609.561 is referenced as part of defining forcible felonies.",
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    "citation": "609.561",
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    "analysis": {
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      "summary": "Burglary in the first, second, and third degrees under section 609.582 is referenced as part of defining forcible felonies.",
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    "citation": "609.582",
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    "analysis": {
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      "summary": "Robbery under section 609.24 is referenced as part of defining forcible felonies.",
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      "summary": "Robbery under section 609.245 is referenced as part of defining forcible felonies.",
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      "summary": "Kidnapping under section 609.25 is referenced as part of defining forcible felonies.",
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  {
    "analysis": {
      "added": [],
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      "summary": "Great bodily harm defined under section 609.02 subdivision 8.",
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    "citation": "609.02",
    "subdivision": "subdivision 8"
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  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Substantial bodily harm defined under section 609.02 subdivision 7a.",
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    "citation": "609.02",
    "subdivision": "subdivision 7a"
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]