SF458

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	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

Citations

[
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to a court-issued order for protection under section 518B.01 as part of the bill's modifications to definitions related to self-defense.",
      "modified": []
    },
    "citation": "518B.01",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to a restraining order issued under section 609.748, included in the bill’s modification of legal definitions related to self-defense.",
      "modified": []
    },
    "citation": "609.748",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This modification includes reference to section 609.06 which discusses conditions under which taking the life of another is justified.",
      "modified": []
    },
    "citation": "609.06",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section refers to the crime of first-degree murder, included in the definition of a 'forcible felony'.",
      "modified": []
    },
    "citation": "609.185",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section pertainins to second-degree murder, described as a 'forcible felony' in the context of defense law adjustments.",
      "modified": []
    },
    "citation": "609.19",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill references first-degree manslaughter under section 609.20 as an example of a forcible felony affecting self-defense rights.",
      "modified": []
    },
    "citation": "609.20",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Assault in the first degree is included in the definition of a forcible felony as it concerns self-defense.",
      "modified": []
    },
    "citation": "609.221",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The inclusion of second-degree assault under this bill is part of distinguishing forcible felonies.",
      "modified": []
    },
    "citation": "609.222",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Third-degree assault, referenced for its relevance to a forcible felony and self-defense parameters.",
      "modified": []
    },
    "citation": "609.223",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Criminal sexual conduct in the first degree is outlined within the scope of forcible felonies in the bill.",
      "modified": []
    },
    "citation": "609.342",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill acknowledges second-degree criminal sexual conduct in its expanded definition of forcible felonies.",
      "modified": []
    },
    "citation": "609.343",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "First-degree arson included in the bill's definition of a forcible felony.",
      "modified": []
    },
    "citation": "609.561",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Burglary in the first, second, and third degrees are specified in relation to self-defense under the amendments.",
      "modified": []
    },
    "citation": "609.582",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill refers to robbery under section 609.24 in its list of forcible felonies.",
      "modified": []
    },
    "citation": "609.24",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Second-degree robbery, under section 609.245, is relevant within the context of defining forcible felonies.",
      "modified": []
    },
    "citation": "609.245",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Kidnapping defined in section 609.25, included in the amendment's discussion of forcible felonies.",
      "modified": []
    },
    "citation": "609.25",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This bill references the definition of substantial bodily harm as it relates to self-defense.",
      "modified": []
    },
    "citation": "609.02",
    "subdivision": "subdivision 7a"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This part of the bill looks at the definition of great bodily harm for its self-defense context.",
      "modified": []
    },
    "citation": "609.02",
    "subdivision": 8
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Dwelling’s definition as per section 609.551 subdivision 3, considered for clarifying defense rights.",
      "modified": []
    },
    "citation": "609.551",
    "subdivision": "subdivision 3"
  }
]