Minnesota SF 76: Clarifying, codifying, and extending Minnesota's self-defense laws and modifying self defense provisions

Bill Text

1.1 A bill for an act​
1.2 relating to firearms; clarifying law on use of force in defense of home and person;​
1.3 codifying and extending Minnesota's self-defense and defense of home laws;​
1.4 eliminating the common law duty to retreat in cases of self-defense outside the​
1.5 home; expanding the boundaries of dwelling for purposes of self-defense; creating​
1.6 a presumption in the case of a person entering a dwelling or occupied vehicle by​
1.7 stealth or force; extending the rights available to a person in that person's dwelling​
1.8 to a person defending against entry of that person's occupied vehicle; amending​
1.9 Minnesota Statutes 2024, section 609.065.​
1.10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.11 Section 1. Minnesota Statutes 2024, section 609.065, is amended to read:​
1.12 609.065 JUSTIFIABLE TAKING OF LIFE USE OF DEADLY FORCE IN​
1.13 DEFENSE OF HOME AND PERSON.​
1.14 Subdivision 1.Definitions.The intentional taking of the life of another is not authorized​
1.15 by section 609.06, except when necessary in resisting or preventing an offense which the​
1.16 actor reasonably believes exposes the actor or another to great bodily harm or death, or​
1.17 preventing the commission of a felony in the actor's place of abode (a) For purposes of this​
1.18 section, the terms in this subdivision have the meanings given them.​
1.19 (b) "Court order" means an order for protection issued under section 518B.01, a​
1.20 restraining order issued under section 609.748, a no contact order issued under section​
1.21 629.75, or a substantively similar order issued by any court in this state, another state, the​
1.22 United States, or any subordinate jurisdiction of the United States.​
1.23 (c) "Deadly force" means force used by an individual with the purpose of causing, or​
1.24 which the individual should reasonably know creates a substantial risk of causing, great​
1.25 bodily harm or death. The intentional discharge of a firearm by an individual at another​
1​Section 1.​
25-00574 as introduced​11/21/24 REVISOR KLL/MI​
SENATE​
STATE OF MINNESOTA​
S.F. No. 76​NINETY-FOURTH SESSION​
(SENATE AUTHORS: JASINSKI, Pratt, Rasmusson, Gruenhagen and Rarick)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​70​01/16/2025​
Referred to Judiciary and Public Safety​
Authors added Pratt; Rasmusson; Gruenhagen​166​01/23/2025​
Author added Rarick​199​01/27/2025​

2.1 person, or at a vehicle in which another person is believed to be, constitutes deadly force.​
2.2 A threat to cause great bodily harm or death, by the production of a weapon or otherwise,​
2.3 constitutes reasonable force and not deadly force, when the individual's objective is limited​
2.4 to creating an expectation that the individual will use deadly force only if authorized by​
2.5 law.​
2.6 (d) "Dwelling" means a building defined under section 609.556, subdivision 3, an​
2.7 overnight stopping accommodation of any kind, or a place of abode, that an individual​
2.8 temporarily or permanently is occupying or intending to occupy as a habitation or home.​
2.9 A dwelling includes but is not limited to a building or conveyance and that building's or​
2.10 conveyance's curtilage and any attached or adjacent deck, porch, appurtenance, or other​
2.11 structure, whether the building or conveyance is used temporarily or permanently for these​
2.12 purposes, is mobile or immobile, or is a motor vehicle, watercraft, motor home, tent, or the​
2.13 equivalent.​
2.14 (e) "Forcible felony" means any crime punishable by imprisonment exceeding one year​
2.15 the elements of which include the use or threatened use of physical force or a deadly weapon​
2.16 against the person of another, including but not limited to: murder in the first degree under​
2.17 section 609.185; murder in the second degree under section 609.19; manslaughter in the​
2.18 first degree under section 609.20; assault in the first degree under section 609.221; assault​
2.19 in the second degree under section 609.222; assault in the third degree under section 609.223;​
2.20 robbery under sections 609.24 and 609.245; kidnapping under section 609.25; criminal​
2.21 sexual conduct in the first degree under section 609.342; criminal sexual conduct in the​
2.22 second degree under section 609.343; arson in the first degree under section 609.561; and​
2.23 burglary in the first, second, and third degrees under section 609.582.​
2.24 (f) "Good faith" includes honesty in fact in the conduct of the act concerned.​
2.25 (g) "Great bodily harm" has the meaning given in section 609.02, subdivision 8.​
2.26 (h) "Imminent" means the actor infers from all the facts and circumstances that the course​
2.27 of conduct has commenced.​
2.28 (i) "Substantial bodily harm" has the meaning given in section 609.02, subdivision 7a.​
2.29 (j) "Vehicle" means a conveyance of any type.​
2.30 Subd. 2.Circumstances when authorized.(a) The use of deadly force by an individual​
2.31 is justified under this secti