1.1 A bill for an act
1.2 relating to public safety; clarifying law on use of force in self-defense; eliminating
1.3 the common law duty to retreat in cases of self-defense outside the home; expanding
1.4 the boundaries of dwelling for purposes of self-defense; creating presumption of
1.5 right to self-defense; amending Minnesota Statutes 2024, sections 609.06,
1.6 subdivision 1; 609.065; proposing coding for new law in Minnesota Statutes,
1.7 chapter 609.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. TITLE.
1.10 This act shall be known as the "Minnesota Stand Your Ground Act."
1.11 Sec. 2. Minnesota Statutes 2024, section 609.06, subdivision 1, is amended to read:
1.12 Subdivision 1.When authorized.Except as otherwise provided in subdivisions 2 to 4
1.13and section 609.065, reasonable force may be used upon or toward the person of another
1.14without the other's consent when the following circumstances exist or the actor reasonably
1.15believes them to exist:
1.16 (1) when used by a public officer or one assisting a public officer under the public
1.17officer's direction:
1.18 (i) in effecting a lawful arrest; or
1.19 (ii) in the execution of legal process; or
1.20 (iii) in enforcing an order of the court; or
1.21 (iv) in executing any other duty imposed upon the public officer by law; or
1Sec. 2.
REVISOR KLL/RC 25-0441303/03/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 3130
NINETY-FOURTH SESSION
Authored by Roach, Dippel, Gordon, Perryman, Rymer and others04/07/2025
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy 2.1 (2) when used by a person not a public officer in arresting another in the cases and in
2.2the manner provided by law and delivering the other to an officer competent to receive the
2.3other into custody; or
2.4 (3) when used by any person in resisting or aiding another to resist an offense against
2.5the person; or
2.6 (4) when used by any person in lawful possession of real or personal property, or by
2.7another assisting the person in lawful possession, in resisting a trespass upon or other
2.8unlawful interference with such property; or
2.9 (5) when used by any person to prevent the escape, or to retake following the escape,
2.10of a person lawfully held on a charge or conviction of a crime; or
2.11 (6) when used by a parent, guardian, or other lawful custodian of a child, in the exercise
2.12of lawful authority, to restrain or correct such child; or
2.13 (7) when used by a teacher, school principal, school employee, school bus driver, or
2.14other agent of a district in the exercise of lawful authority, to restrain a child or pupil to
2.15prevent bodily harm or death to the child, pupil, or another; or
2.16 (8) when used by a common carrier in expelling a passenger who refuses to obey a lawful
2.17requirement for the conduct of passengers and reasonable care is exercised with regard to
2.18the passenger's personal safety; or
2.19 (9) when used to restrain a person with a mental illness or a person with a developmental
2.20disability from self-injury or injury to another or when used by one with authority to do so
2.21to compel compliance with reasonable requirements for the person's control, conduct, or
2.22treatment; or
2.23 (10) when used by a public or private institution providing custody or treatment against
2.24one lawfully committed to it to compel compliance with reasonable requirements for the
2.25control, conduct, or treatment of the committed person.
2.26 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to uses of
2.27force occurring on or after that date.
2.28 Sec. 3. [609.064] DEFINITIONS.
2.29 (a) For purposes of sections 609.065, 609.067, and 609.068, the terms in this section
2.30have the meanings given.
2.31 (b) "Crime of violence" has the meaning given in section 624.712, subdivision 5.
2Sec. 3.
REVISOR KLL/RC 25-0441303/03/25 3.1 (c) "Dwelling" means a building defined under section 609.556, subdivision 3; an
3.2overnight stopping accommodation of any kind; or a place of abode that an individual
3.3temporarily or permanently is occupying or intending to occupy as a habitation or home.
3.4A dwelling includes but is not limited to a building or conveyance and that building's or
3.5conveyance's curtilage and any attached or adjacent deck, porch, appurtenance, or other
3.6structure, whether the building or conveyance is used temporarily or permanently for these
3.7purposes, is mobile or immobile, or is a motor vehicle, watercraft, motor home, tent, or the
3.8equivalent.
3.9 (d) "Forcible felony" means any crime punishable by imprisonment exceeding one year,
3.10the elements of which include the use or threatened use of physical force or a deadly weapon
3.11against the person of another including but not limited to: murder in the first degree under
3.12section 609.185; murder in the second degree under section 609.19; manslaughter in the
3.13first degree under section 609.20; assault in the first degree under section 609.221; assault
3.14in the second degree under section 609.222; assault in the third degree under section 609.223;
3.15robbery under sections 609.24 and 609.245; kidnapping under section 609.25; criminal
3.16sexual conduct in the first degree under section 609.342; criminal sexual conduct in the
3.17second degree under section 609.343; arson in the first degree under section 609.561; and
3.18burglary in the first, second, and third degrees under section 609.582.
3.19 (e) "Good faith" includes honesty in fact in the conduct of the act concerned.
3.20 (f) "Imminent" means the actor infers from all the facts and circumstances that the course
3.21of conduct has commenced.
3.22 (g) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
3.23(c).
3.24 (h) "Reasonable force" means the use or threatened use of force that a reasonable person
3.25would judge to be necessary to prevent an injury or loss and can include deadly force if a
3.26person reasonably believes that using or threatening to use such force is necessary to avoid
3.27injury or risk to the person's life or safety or the life or safety of another.
3.28 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to uses of
3.29force occurring on or after that date.
3.30 Sec. 4. Minnesota Statutes 2024, section 609.065, is amended to read:
3.31 609.065 JUSTIFIABLE TAKING OF LIFE USE OF FORCE.
3.32 Subdivision 1.Self-defense; no duty to retreat.The intentional taking of the life of
3.33another is not authorized by section 609.06, except when necessary in resisting or preventing
3Sec. 4.
REVISOR KLL/RC 25-0441303/03/25 4.1an offense which the actor reasonably believes exposes the actor or another to great bodily
4.2harm or death, or preventing the commission of a felony in the actor's place of abode. For
4.3purposes of any section of law that creates a criminal offense, the following apply:
4.4 (1) a person who is not engaged in illegal activity has no duty to retreat from any place
4.5where the person is lawfully present before using or threatening to use reasonable force,
4.6including deadly force, in self-defense, defense of another, or defense of that person's
4.7dwelling, as authorized under this section;
4.8 (2) except as provided in subdivision 3, a court or jury as trier of fact shall not consider
4.9the possibility of retreat as a factor in determining whether a person who used or threatened
4.10to use force, including deadly force, reasonably believed that such force was necessary to
4.11prevent injury, loss, or risk to life or safety;
4.12 (3) a person is justified in the use of or threat to use reasonable force, including deadly
4.13force, when the person reasonably believes that such force is necessary to defend the person
4.14or another from any actual or imminent use of unlawful force;
4.15 (4) a person is justified in the use of or threat to use reasonable force, including deadly
4.16force, even if an alternative course of action is available; and
4.17 (5) a person may be wrong in the estimation of the danger or the force necessary to repel
4.18the danger if there is a reasonable basis for the person's belief and the person acts reasonably
4.19in response to that belief.
4.20 Subd. 2.Reasonable force justified in responding to a forcible felony.A person who:
4.21 (1) reasonably believes that another person is committing or is about to commit a forcible
4.22felony; and
4.23 (2) uses or threatens to use reasonable force, including deadly force, as authorized under
4.24this section, is justified in using or threatening to use reasonable force, including deadly
4.25force, against the other person to prevent or halt the commission of the forcible felony.
4.26 Subd. 3.Loss of defense.(a) The affirmative defense of self-defense, defense of another,
4.27or defense of that person's dwelling is not available in a criminal action in any of the
4.28following circumstances:
4.29 (1) a person who uses force during the person's commission, attempted commission, or
4.30escape after the commission or attempted commission of a crime of violence;
4Sec. 4.
REVISOR KLL/RC 25-0441303/03/25 5.1 (2) a person who uses force against another who is an aggressor, if the person initially
5.2provoked the aggressor to use force or threat of force against the person, unless either of
5.3the following apply:
5.4 (i) the use of force or threat of force by the aggressor is sufficient for the person's
5.5reasonable belief that the person is in imminent danger of death or great bodily harm, and
5.6the person exhausts all reasonable means of escape other than the use of force or threat of
5.7force that is likely to cause death or great bodily harm to the aggressor; or
5.8 (ii) the use of force or threat of force by the aggressor continues or resumes after the
5.9person, in good faith, withdraws from physical contact and clearly indicates the desire to
5.10withdraw and terminate the use of force or threat of force by the person or the aggressor;
5.11 (3) a person who uses force to resist an unlawful arrest if the person uses the force against
5.12a peace officer and the person using the force knows the person making the arrest is a peace
5.13officer;
5.14 (4) a person who uses force to resist a lawful arrest if the person uses the force against
5.15a person making the arrest or against a person assisting in making the arrest;
5.16 (5) a person who uses force against a peace officer or a person assisting a peace officer
5.17if the peace officer is acting in the performance of the peace officer's official duties; or
5.18 (6) a person who:
5.19 (i) uses force;
5.20 (ii) is prohibited from possessing firearms under section 624.713; and
5.21 (iii) is in possession of a firearm when the force was used.
5.22 (b) When an affirmative defense is not available to a person under paragraph (a), the
5.23person is not barred from raising any other statutory or common law affirmative defense
5.24available to the person.
5.25 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to uses of
5.26force occurring on or after that date.
5.27 Sec. 5. [609.067] SELF-DEFENSE; CRIMINAL IMMUNITY.
5.28 (a) A person who uses or threatens to use reasonable force, including deadly force, in
5.29accordance with section 609.06 or 609.065 shall be immune from arrest, the filing of criminal
5.30charges, or criminal prosecution arising from the person's use or threatened use of the
5.31reasonable force, including deadly force.
5Sec. 5.
REVISOR KLL/RC 25-0441303/03/25 6.1 (b) A law enforcement officer may use standard investigating procedures for investigating
6.2the use or threatened use of force, including deadly force, but the law enforcement officer
6.3shall not arrest a person for the person's use or threatened use of force, including deadly
6.4force, unless the law enforcement officer has probable cause to believe that the person's use
6.5or threatened use of force, including deadly force, was not justified under section 609.06
6.6or 609.065.
6.7 (c) The court shall award reasonable attorney fees, court costs, compensation for loss
6.8of income, and all expenses incurred by the defendant in defense of any civil action brought
6.9by a plaintiff if the court finds that the defendant is immune from criminal prosecution as
6.10provided in paragraph (a).
6.11 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to uses of
6.12force occurring on or after that date.
6.13 Sec. 6. [609.068] PRESUMPTION OF IMMUNITY; PRETRIAL CRIMINAL
6.14IMMUNITY; HEARING.
6.15 Subdivision 1.Presumption of immunity.Subject to subdivision 3, a person is presumed
6.16to have acted in self-defense or defense of another when using or threatening to use deadly
6.17force that is intended or likely to cause death or great bodily harm to another if any of the
6.18following apply:
6.19 (1) the person against whom the deadly force is used or threatened is in the process of
6.20unlawfully and without privilege to do so entering, or has unlawfully and without privilege
6.21to do so entered, the dwelling, occupied vehicle, place of business or employment of the
6.22person using or threatening to use the deadly force, or any other place in which the person
6.23using or threatening to use the deadly force is lawfully present;
6.24 (2) the person against whom the deadly force is used or threatened is by force or threat
6.25removing or attempting to unlawfully remove another person against the other person's will
6.26from any place that the person using or threatening to use the deadly force is lawfully present;
6.27or
6.28 (3) the person using or threatening to use the deadly force knows or has reason to believe
6.29that any of the conditions set forth in clause (1) or (2) are occurring or have occurred.
6.30 Subd. 2.Presumption rebuttable.The presumption set forth in subdivision 1 may be
6.31rebutted by a preponderance of the evidence, provided that the prosecution's burden of proof
6.32remains by clear and convincing evidence as described in subdivision 4, paragraph (d).
6Sec. 6.
REVISOR KLL/RC 25-0441303/03/25 7.1 Subd. 3.Loss of presumption.The presumption set forth in subdivision 1 does not
7.2apply if, at the time the deadly force is used or threatened, any of the following circumstances
7.3are present:
7.4 (1) the person against whom the deadly force is used or threatened has a right to be in
7.5the place where the person used or threatened to use the deadly force and a protective or no
7.6contact order is not in effect against the person against whom the deadly force is used or
7.7threatened;
7.8 (2) the person sought to be removed as described in subdivision 1, clause (2), is a child
7.9or grandchild or is otherwise in the lawful custody or under the lawful guardianship of the
7.10person against whom the deadly force is used or threatened;
7.11 (3) the person who uses or threatens to use the deadly force uses or threatens to use it
7.12while engaged in a criminal offense, while attempting to escape from the scene of a criminal
7.13offense that the person has committed, or while using the dwelling, place of business or
7.14employment, or occupied vehicle to further a criminal offense; or
7.15 (4) the person against whom the deadly force is used or threatened is a law enforcement
7.16officer who has entered or is attempting to enter a dwelling, place of business or employment,
7.17or occupied vehicle in the lawful performance of the law enforcement officer's official
7.18duties, and either the officer identified himself or herself as a law enforcement officer in
7.19accordance with any applicable law or the person using or threatening to use the deadly
7.20force knows or reasonably should know that the person who has entered or is attempting to
7.21enter is a law enforcement officer.
7.22 Subd. 4.Right to hearing; burden of proof; standard of proof.(a) A person accused
7.23of an offense that involved the person's use or threatened use of force, including deadly
7.24force, against another has a right to a pretrial immunity hearing regarding a claim of immunity
7.25from criminal prosecution based on self-defense, defense of another, or defense of that
7.26person's dwelling.
7.27 (b) A person eligible for hearing under paragraph (a) may file a pretrial motion claiming
7.28that the person used or threatened to use the force, including deadly force, in self-defense,
7.29defense of another, or defense of that person's dwelling.
7.30 (c) The filing of the motion establishes a prima facie claim of self-defense, defense of
7.31another, or defense of that person's dwelling.
7.32 (d) Upon the filing of a motion, the court shall hold a pretrial immunity hearing and
7.33shall grant the motion and hold that the person used or threatened to use the force, including
7Sec. 6.
REVISOR KLL/RC 25-0441303/03/25 8.1deadly force, in self-defense, defense of another, or defense of that person's dwelling unless
8.2the state proves by clear and convincing evidence that the person did not use or threaten to
8.3use the force, including deadly force, in self-defense, defense of another, or defense of that
8.4person's dwelling, as the case may be.
8.5 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to uses of
8.6force occurring on or after that date.
8Sec. 6.
REVISOR KLL/RC 25-0441303/03/25