A California bill introduced last month would require homeowners to exhaust all reasonable means of escape before using deadly force against intruders or face homicide charges.
Assembly Bill 1333, introduced by Democratic Caucus Chair Rick Chavez Zbur, seeks to modify the state’s justifiable homicide laws. The bill states it would “eliminate certain circumstances under which homicide is justifiable, including, among others, in defense of a habitation or property.” It also aims to “clarify circumstances in which homicide is not justifiable, including, among others, when a person uses more force than necessary to defend against a danger."
Critics argue that the bill would place homeowners in an unreasonable and dangerous position. According to FOX26News, Assemblyman David Tangipa of California’s 8th District voiced strong opposition, saying, "So the homeowner would have to determine within seconds or whatever, why a stranger suddenly showed up inside their house at any given hour before they could safely do anything to defend themselves.”
Tangipa continued, "They would have to exercise all other options of, oh, well, you could have just run away. You could have jumped out the window, ... before using your deadly force to protect yourself in your own home, or protect your family, you have to prove that that was necessary to shoot somebody who broke into your house, and how do you prove that?”
"If that person has a bat, I almost have to allow them to hit me first to then prove that they had the intent to kill me,” Tangipa added. “And that is unacceptable. And not only that, it steps on our 2nd amendment rights. If you can't be safe in your own home, where can you flee to?"
Tangipa argued that the bill is dangerous because it focuses on restricting homeowners rather than punishing criminals who break into homes.
The bill, which has not yet been assigned to a committee for consideration, runs contrary to “castle doctrine” laws that several states have imposed. These laws grant homeowners the ability to practice self-defense by using force, including deadly force, to protect themselves against an intruder without a duty to retreat first.
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