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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 – If an intruder breaks into your home in the middle of the night, should you flee or should you have the right to stand your ground?
In an effort to allow Minnesota citizens to protect themselves and their property from law-breaking criminals that break into a home, car or business, State Representative Tony Cornish (R-Good Thunder) is authoring legislation allowing the use of deadly force against an unwanted attacker.
“This is a measure that empowers the citizen rather than the criminal,” Cornish said. “We would be sending a message to victims that they have the option to used deadly force if they are in danger, instead of being forced to run away and allowing the criminal to be in charge of your property.”
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.
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.
Cornish added that the bill does not allow a person to use force against police for entering their home for valid reasons. It also does not prohibit a person from criminal charges if a prosecutor believes the victim acted irresponsibly, however, the burden of proof fall to the prosecution.
“Criminals have no business breaking into the homes of law-abiding citizens and terrorizing them,” Cornish said. “We have the right to bear arms, and we should also have the option to use those arms if a robber or rapist threatens our safety.”
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