OFF THE WIRE
Sen. Gretchen Hoffman, author of the Castle Doctrine and Firearms Changes bill, answered questions posed by other legislators during Thursday's debate. Sen. Dan Hall is at right.
ST. PAUL, Minn. - 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."
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.
St. Paul Democratic Sen. John Harrington, who is also the city's former police chief, said the bill's underlying message is that "killing people shouldn't be a last resort."
"This is bad moral law as much as it is bad civil law," Harrington said.
Democratic critics said the bill's standard for when deadly force is acceptable is more subjective than the current law.
Sen. Mary Jo McGuire, DFL-Falcon Heights, suggested the bill could protect someone who's sitting on a park bench and uses deadly force when approached by a stranger.
"If you suddenly fear them, and there's no reason but you fear them, you can shoot them?" McGuire asked.
Sen. Roger Chamberlain, R-Lino Lakes, said that idea did not hold up.
"Nowhere in this bill does it require the citizen to remove all judgment and common sense," he said.
The Minnesota County Attorneys Association, the Minnesota Chiefs of Police Association and the Minnesota Police and Peace Officers Association all opposed the bill. Champlin Police Chief Dave Kolb, representing MCPA, said the bill would make it tougher to prosecute crimes.
"If the law allows someone to make presumptions and then to kill someone based on those presumptions, then they will have that as a defense and we will not be able to charge them with their reactions," Kolb said.
Last week, Minneapolis Police Chief Tim Dolan said he thinks the bill would make it legal to shoot a police officer who is standing at a person's front door if that person felt threatened.
Officers already know to expect potentially dangerous situations, said Sen. Bill Ingebrigtsen, the former Douglas County sheriff.
"When they go to the door, they have an obligation to announce themselves and they know what happens if they don't," Ingebrigtsen said. "Yes, it could be disastrous. It doesn't happen very often."
The bill has two other provisions. One prevents police from confiscating guns during a time of declared emergency, and the other allows visitors with out-of-state permits to bring guns into Minnesota.
The state House passed the same bill last year with only minor differences. The lead House sponsor, Rep. Tony Cornish — the former police chief in southern Minnesota's Lake Crystal — said he expected the House to give its final stamp of approval Monday and send the bill on to Dayton.
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."
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.
St. Paul Democratic Sen. John Harrington, who is also the city's former police chief, said the bill's underlying message is that "killing people shouldn't be a last resort."
"This is bad moral law as much as it is bad civil law," Harrington said.
Democratic critics said the bill's standard for when deadly force is acceptable is more subjective than the current law.
Sen. Mary Jo McGuire, DFL-Falcon Heights, suggested the bill could protect someone who's sitting on a park bench and uses deadly force when approached by a stranger.
"If you suddenly fear them, and there's no reason but you fear them, you can shoot them?" McGuire asked.
Sen. Roger Chamberlain, R-Lino Lakes, said that idea did not hold up.
"Nowhere in this bill does it require the citizen to remove all judgment and common sense," he said.
The Minnesota County Attorneys Association, the Minnesota Chiefs of Police Association and the Minnesota Police and Peace Officers Association all opposed the bill. Champlin Police Chief Dave Kolb, representing MCPA, said the bill would make it tougher to prosecute crimes.
"If the law allows someone to make presumptions and then to kill someone based on those presumptions, then they will have that as a defense and we will not be able to charge them with their reactions," Kolb said.
Last week, Minneapolis Police Chief Tim Dolan said he thinks the bill would make it legal to shoot a police officer who is standing at a person's front door if that person felt threatened.
Officers already know to expect potentially dangerous situations, said Sen. Bill Ingebrigtsen, the former Douglas County sheriff.
"When they go to the door, they have an obligation to announce themselves and they know what happens if they don't," Ingebrigtsen said. "Yes, it could be disastrous. It doesn't happen very often."
The bill has two other provisions. One prevents police from confiscating guns during a time of declared emergency, and the other allows visitors with out-of-state permits to bring guns into Minnesota.
The state House passed the same bill last year with only minor differences. The lead House sponsor, Rep. Tony Cornish — the former police chief in southern Minnesota's Lake Crystal — said he expected the House to give its final stamp of approval Monday and send the bill on to Dayton.
