The Defense of Dwelling and Person Act of 2011 has passed through the House and Senate committees and is ready to be voted on in both chambers.
Defense of Dwelling and Person Act of 2011 Summary
HF1467/SF1357, the Defense of Dwelling and Person Act of 2011, brings “Stand Your Ground” protections to Minnesota, restores the presumption that a person using self defense is innocent until proven guilty, enhances Castle Doctrine, prevents the state from seizing guns during an emergency (remember Hurricane Katrina?), improves carry reciprocity with other states and requires the government to do its job to serve law-abiding citizens.
Adds Stand Your Ground
SF1357 brings “Stand Your Ground” protections to Minnesota, removing the requirement that an intended victim of violent crime must retreat from a place where he has a right to be before using deadly force in self defense.
Enhances Castle Doctrine
The bill also strengthens Minnesota’s “Castle Doctrine,” clarifying when and under what circumstances individuals can legally use deadly force to protect themselves in their homes and vehicles. In addition, it creates a presumption that, when faced with an apparent home invasion, carjacking or kidnapping attempt, a person may use deadly force in self defense.
Prevents Gun Seizures During a State of Emergency
Taking a lesson from the problems in New Orleans after Hurricane Katrina, the bill also bans government agencies from seizing guns or ammo, revoking permits to purchase or carry, closing gun shops, or otherwise suspending our constitutional rights during a civil emergency. It also prohibits law enforcement officers from seizing a person’s gun, unless the person is arrested, or the gun is evidence of a crime.
Adds a Robust Appeals process to Purchase Permits
The bill also borrows a page from the Permit to Carry law, providing a more robust appeal process for denied purchase permits, and requiring that police chiefs and sheriffs whose purchase permit denials are overturned must pay the applicants’ legal costs.
Adds Universal Carry Permit Acceptance
Of particular interest to carry permit holders, the final article of the bill updates our carry permit reciprocity standards, allowing people holding carry permits from any other state to carry in Minnesota (under Minnesota law, of course). This should result in a large increase in the number of states where Minnesota permit holders can carry, since many states allow other states’ permit holders to carry on a reciprocal basis.
The full text of the bill can be found here: https://www.revisor.mn.gov/bin/bldbill.php?bill=S1357.0.html&session=ls87
Author: Rob Doar