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State Representative Tony Cornish
100 Rev. Dr. Martin Luther King Jr. Blvd.
651-296-4240
For more information contact: Jason Wenisch 651-296-2317
NEWS RELEASE
REP. CORNISH AUTHORS CASTLE DOCTRINE LEGISLATION
ST. PAUL – Saying that citizens should be allowed to stand their ground against law-breaking criminals that break into a home, car or business, State Representative Tony Cornish is authoring legislation allowing the use of deadly force against an unwanted attacker.
The legislation is known as the “Castle Doctrine,” relates to the ancient common law notion that a home is one’s castle and the king or queen of the house has the right to defend it.
“Common sense tells us that if someone breaks into your home, he is there to do bodily harm,” Cornish said. “By giving these victims the option to use deadly force if they are in danger, we are prioritizing the law-abiding citizen rather than the violent criminal.”
“Minnesotans have a right to feel safe in the comfort of their own homes,” Cornish continued. “When that right is violated, homeowners should be able to use whatever force is necessary to protect themselves and their families.”
The Castle Doctrine legislation has several notable provisions, which cover a person’s home, vehicle or business:
• Removes the "duty to retreat" (leave your property and run) when attacked in a place you have a right to be, and allows victims to stand their ground.
• Creates the presumption that an attacker or intruder intends to do great bodily harm. Therefore force, including deadly force, may be used to protect yourself, your family and others in the face of attack.
• Provides that people using force authorized by law shall not be prosecuted for using that force.
Since the early 1990’s, Minnesota's higher courts have ruled that one has a “duty to retreat, if possible" when attacked anywhere outside of one's dwelling. This bill would permit a person to stand his ground if attacked anywhere - either inside or outside of his home. But to use lethal force away from the home, that person must have a reasonable belief that he is in imminent danger of great bodily harm or death from another person.
“Law-abiding citizens should not be victimized by failing to run away from an attacker,” Cornish said. “This bill basically tells the bad guys: If you’re going to use illegal force, be prepared to face legal force.”
Indiana, Florida, South Dakota, Mississippi and Alabama have all recently adopted Castle Doctrine laws.
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