Deadly force bill now on fast track to Dayton

Published 9:33 am Friday, February 24, 2012

ST. PAUL  — The state Senate passed a bill expanding the situations in which a person can use deadly force, despite opposition from police and prosecutors who called it a dangerous loophole that could legalize murder in some cases.

After Thursday’s heated debate, the bill passed on a vote of 40-23, with Republicans — and a few Democrats — supporting it. Most Democrats voted against it, citing law enforcement concerns. The bill will likely land on Gov. Mark Dayton’s desk by next week. He hasn’t said if he’d sign the bill, but has said the law enforcement’s opposition is a concern.

Bill sponsor Gretchen Hoffman, R-Vergas, said Thursday,“If you are someplace lawfully and you are threatened with grave, great or substantial bodily harm you should be able to defend yourself.”

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Minnesota law already allows a person to defend their home or dwelling with deadly force. The bill widens the definition of dwelling to include any overnight accommodation, as well as a car, tent or boat.

The bill also creates a presumption in law that anyone who uses deadly force in such circumstances believes they are in danger of harm or death, and eliminates an obligation in current law that a person in that situation must retreat if possible.