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 | House | Floor | Action | Introduction and first reading | |
| January 20, 2025 | Senate | Floor | Action | Introduction and first reading | |
| January 20, 2025 | House | Floor | Action | Referred to | Judiciary and Public Safety |
| 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 added |
Citations
[
{
"analysis": {
"added": [
"Codifies and extends Minnesota's self-defense laws to eliminate the common law duty to retreat outside the home.",
"Creates a presumption of threat in cases of forced or stealth entry."
],
"removed": [],
"summary": "This bill amends Minnesota Statutes section 609.065 to further clarify and expand the justifiable use of deadly force for self-defense and defense of dwelling.",
"modified": [
"Expands the definition of 'dwelling' and the circumstances under which deadly force can be used.",
"Clarifies that use of force is not justified against a lawfully acting licensed peace officer."
]
},
"citation": "609.065",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced in defining 'court order' in section 609.065.",
"modified": []
},
"citation": "518B.01",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced in defining 'court order' in section 609.065.",
"modified": []
},
"citation": "609.748",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced in defining 'court order' in section 609.065.",
"modified": []
},
"citation": "629.75",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced for defining 'dwelling' in section 609.065.",
"modified": []
},
"citation": "609.556",
"subdivision": "subdivision 3"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced in the definition of 'forcible felony' in section 609.065.",
"modified": []
},
"citation": "609.185",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced in the definition of 'forcible felony' in section 609.065.",
"modified": []
},
"citation": "609.19",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced in the definition of 'forcible felony' in section 609.065.",
"modified": []
},
"citation": "609.20",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced in the definition of 'forcible felony' in section 609.065.",
"modified": []
},
"citation": "609.221",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced in the definition of 'forcible felony' in section 609.065.",
"modified": []
},
"citation": "609.222",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced in the definition of 'forcible felony' in section 609.065.",
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},
"citation": "609.223",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced in the definition of 'forcible felony' in section 609.065.",
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},
"citation": "609.342",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced in the definition of 'forcible felony' in section 609.065.",
"modified": []
},
"citation": "609.343",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced in the definition of 'forcible felony' in section 609.065.",
"modified": []
},
"citation": "609.561",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced in the definition of 'forcible felony' in section 609.065.",
"modified": []
},
"citation": "609.582",
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},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced in the definition of 'forcible felony' in section 609.065.",
"modified": []
},
"citation": "609.24",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced in the definition of 'forcible felony' in section 609.065.",
"modified": []
},
"citation": "609.245",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced in the definition of 'forcible felony' in section 609.065.",
"modified": []
},
"citation": "609.25",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced for definition of 'great bodily harm' in section 609.065.",
"modified": []
},
"citation": "609.02",
"subdivision": "subdivision 8"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced for definition of 'substantial bodily harm' in section 609.065.",
"modified": []
},
"citation": "609.02",
"subdivision": "subdivision 7a"
}
]