MS HB1040

Removes immunity for justifiable homicide under Mississippi's Castle Doctrine when a person kills an aggressor outside the immediate premises of a dwelling, occupied vehicle, business, or place of employment.

Defines "immediate premises" as any interior portion of a dwelling, with exterior areas not extending beyond 30 feet from the threshold or nearest access point of entry.

Requires persons claiming protection under the Castle Doctrine to submit to sobriety or drug testing at the time of investigation to determine intoxication or controlled substance use.

Maintains the presumption of reasonable fear and no duty to retreat for defensive force used within protected locations, but restricts this protection when the aggressor is killed outside the defined immediate premises.

Takes effect July 1, 2013.