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MN SF5412
Bill
Status
4/11/2024
Primary Sponsor
John Jasinski
Click for details
AI Summary
S.F. No. 5412 Summary
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Eliminates the common law duty to retreat when defending against imminent threats outside the home and allows individuals to use superior force and continue defensive actions until danger ends.
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Expands the definition of "dwelling" to include overnight stopping accommodations, curtilage, attached structures, and mobile conveyances (motor vehicles, watercraft, motor homes, tents) used as temporary or permanent habitations.
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Creates a legal presumption that deadly force is justified when a person unlawfully enters or remains in another's dwelling or occupied vehicle by force or stealth, or attempts to remove someone from these locations.
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Grants individuals using justified defensive force immunity from criminal prosecution and shifts the burden of proof to the state to prove beyond reasonable doubt that force used was not justifiable.
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Takes effect August 1, 2024, and applies only to uses of deadly force occurring on or after that date.
Legislative Description
Use of force in defense of home and person law clarification; Minnesota's self-defense of home laws extension and codification; common law duty to retreat in cases of self-defense outside the home elimination; boundaries of dwelling expansion for purposes of self-defense; presumption in the case of a person entering a dwelling or occupied vehicle by stealth or force creation; rights available to a person in that person's dwelling to a person defending against entry of that person's occupied vehicle extension
Last Action
Author added Gruenhagen
4/15/2024