Homeowners confronting a burglar could stand their ground and shoot with less worry about the legal aftermath under a proposed bill by Sen. Pat Pariseau, R-Farmington.
Pariseau — who fought for concealed carry reform for years — along with Rep. Tony Cornish, R-Good Thunder, argue their legislation puts citizens on the same footing as law enforcement when it comes to self-defense.
The “Stand Your Ground Bill” or “Castle Doctrine” — the later name derived from the concept that a home is a person’s castle — would make a number of changes to existing state self-defense laws.
“We’re not training people to be trained killers in their home. What we’re doing is enabling them to defend themselves,” said Cornish, who spent more than 20 years in law enforcement.
Under the bill, a person would not need to attempt to retreat before using deadly force.
According to House Research, Minnesota is among a minority of states requiring that people must first try to back away before shooting — use deadly force.
Dwelling rights
Additionally, the bill would extend defense of dwelling rights to include occupied vehicles.
It would also expand the definition of a dwelling to include decks, businesses, other structures.
Perhaps, most significantly, the law would create an assumption that someone entering or attempting to enter a dwelling or occupied vehicle by force or stealth is attempting to do so to commit an unlawful act involving the use of life-threatening force.
Still, this doesn’t mean a homeowner can just shoot people as they walk through the front door, Cornish argued.
“Don’t let a prosecutor say that he can’t charge he or she for shooting someone, because they can still charge them,” said Cornish.
Reasonable presumption applies
Reasonable presumption would still apply, he explained. “The only problem is they’re (prosecutors) going to have to prove it now,” he said.
Anyway someone confronting an assailant won’t necessarily shoot-to-kill, argued Pariseau. “The training people take when they’re going to handle weapons suggests that they don’t try to shoot to kill,” she said. “Stop them (the attacker). Hit them in the foot. Hit them in the knee,” she said. “However, if you’re under real threat, obliviously you would go for the torso,” said Pariseau.
Sen. Ron Latz, DFL-St. Louis Park, called the proposed legislation a death penalty bill.
But Cornish and Pariseau view it otherwise.
“It doesn’t do anything but allow them to do it (defend themselves) without criminal prosecution if they’re found to be right,” said Cornish.
The proposed bill could find favor on House and Senate floors, he argued.
Pariseau jokingly said she hoped passage doesn’t take as long as did the Personal Protection Act — the concealed carry reform bill. “I hope not because I don’t know if I have that many years left,” she said with a chuckle.
No need to change law, says Foley
Sen. Leo Foley, DFL-Coon Rapids, a retired state patrol officer, doesn’t believe there’s a need to change existing state law pertaining to self-defense.
Foley told of an instance at his own home when a senile man was wandering in his yard, unresponsive to calls. “If I would follow their logic, I would shoot them,” said Foley.
House Speaker Margaret Anderson Kelliher, DFL-Minneapolis, indicated the House intends to focus on health care and issue other than gun law.
But Cornish and Pariseau intend to push on.
“Don’t count us out yet,” said Cornish.
“They said the same thing about the Personal Protection Act,” he said of the idea the bill would never pass.
by T.W. Budig
ECM capitol reporter
Homeowners confronting a burglar could stand their ground and shoot with less worry about the legal aftermath under a proposed bill by Sen. Pat Pariseau, R-Farmington.
Rep. Pat Pariseau, R-Farmington
The “Stand Your Ground Bill” or “Castle Doctrine” — the later name derived from the concept that a home is a person’s castle — would make a number of changes to existing state self-defense laws.
“We’re not training people to be trained killers in their home. What we’re doing is enabling them to defend themselves,” said Cornish, who spent more than 20 years in law enforcement.
Under the bill, a person would not need to attempt to retreat before using deadly force.
According to House Research, Minnesota is among a minority of states requiring that people must first try to back away before shooting — use deadly force.
Dwelling rights
Additionally, the bill would extend defense of dwelling rights to include occupied vehicles.
It would also expand the definition of a dwelling to include decks, businesses, other structures.
Perhaps, most significantly, the law would create an assumption that someone entering or attempting to enter a dwelling or occupied vehicle by force or stealth is attempting to do so to commit an unlawful act involving the use of life-threatening force.
Rep. Tony Cornish, R-Good Thunder
“Don’t let a prosecutor say that he can’t charge he or she for shooting someone, because they can still charge them,” said Cornish.
Reasonable presumption applies
Reasonable presumption would still apply, he explained. “The only problem is they’re (prosecutors) going to have to prove it now,” he said.
Anyway someone confronting an assailant won’t necessarily shoot-to-kill, argued Pariseau. “The training people take when they’re going to handle weapons suggests that they don’t try to shoot to kill,” she said. “Stop them (the attacker). Hit them in the foot. Hit them in the knee,” she said. “However, if you’re under real threat, obliviously you would go for the torso,” said Pariseau.
Sen. Ron Latz, DFL-St. Louis Park, called the proposed legislation a death penalty bill.
But Cornish and Pariseau view it otherwise.
“It doesn’t do anything but allow them to do it (defend themselves) without criminal prosecution if they’re found to be right,” said Cornish.
The proposed bill could find favor on House and Senate floors, he argued.
Pariseau jokingly said she hoped passage doesn’t take as long as did the Personal Protection Act — the concealed carry reform bill. “I hope not because I don’t know if I have that many years left,” she said with a chuckle.
No need to change law, says Foley
Sen. Leo Foley, DFL-Coon Rapids, a retired state patrol officer, doesn’t believe there’s a need to change existing state law pertaining to self-defense.
Foley told of an instance at his own home when a senile man was wandering in his yard, unresponsive to calls. “If I would follow their logic, I would shoot them,” said Foley.
House Speaker Margaret Anderson Kelliher, DFL-Minneapolis, indicated the House intends to focus on health care and issue other than gun law.
But Cornish and Pariseau intend to push on.
“Don’t count us out yet,” said Cornish.
“They said the same thing about the Personal Protection Act,” he said of the idea the bill would never pass.
(Photos by T.W. Budig, ECM Capitol Reporter)
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