A new bill introduced in the California Assembly would establish a “duty-to-retreat” and place some limits on the use of force in a self-defense situation, and it has already garnered support from the gun prohibition lobby.
Assembly Bill 1333, introduced by Democrat State Rep. Rick Chavez Zbur (51st District) “would eliminate certain circumstances under which homicide is justifiable, including, among others, in defense of a habitation or property,” according to the synopsis.
The bill would also clarify circumstances in which homicide is not justifiable, including, among others, when a person uses more force than necessary to defend against a danger. There is no definition of what may be considered “necessary” force.
The Center Square is reporting that Everytown for Gun Safety—the billionaire-backed gun control lobbying organization—claims the measure “blocks white supremacists from exploiting self-defense to justify shootings.”
In an Everytown press release, the group’s California subsidiaries—Moms Demand Action and Students Demand Action—say the bill “explicitly underscores that Californians must avoid resorting to fatal actions when they have the opportunity to de-escalate or disengage from a conflict outside their homes, with the aim of preventing violent confrontations.”
Language in the bill states:
“Homicide is not justifiable when committed by a person in all of the following cases:
(1) When the person was outside of their residence and knew that using force likely to cause death or great bodily injury could have been avoided with complete safety by retreating.
(2) When the person used more force than was reasonably necessary to defend against a danger.
(3) When the person was the assailant, engaged in mutual combat, or knowingly engaged in conduct reasonably likely to provoke a person to commit a felony or do some great bodily injury, except if either of the following circumstances apply:
(A) The person reasonably believed that they were in imminent danger of death or great bodily injury, and had exhausted every reasonable means to escape such danger other than the use of force likely to cause death or great bodily injury.
(B) In good faith, the person withdrew from the encounter with the other assailant or assailants and indicated clearly to the other assailant or assailants that the person desired to withdraw and terminated the use of any force, but the other assailant or assailants continued or resumed the use of force.”
Monisha Henley, senior vice president for government affairs at Everytown for Gun Safety, tried to portray the legislation as a barrier against vigilantism and racism.
“This legislation builds on California’s gun safety legacy and lays the blueprint for the rest of the nation,” Henley said. “White supremacists and other extremists have hidden behind self-defense laws to fire a gun and turn any conflict into a death sentence. Now, lawmakers have an opportunity to help stop that and save lives.”
New language in AB 1333 says homicide is justifiable “when committed by any person in all of the following cases:
“(1) When resisting any attempt to murder any person or to do some great bodily injury upon any person.
“(2) When committed in defense of a person, against one who manifestly intends or endeavors in a violent, riotous, or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein.
“(3) When committed in the lawful defense of such person, or of a spouse, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to do some great bodily injury, and imminent danger of such design being accomplished.”
