A recently introduced California bill changes “justifiable” circumstances for homicide charges, including a homeowner’s defense of property.
According to a legislative digest of Assembly Bill 1333, the bill would “eliminate certain circumstances under which homicide is justifiable, including, among others, in defense of a habitation or property. The bill would additionally clarify circumstances in which homicide is not justifiable, including, among others, when a person uses more force than necessary to defend against a danger.”
The bill, introduced by Democratic Caucus Chair Rick Chavez Zbur, states that homicide is not justifiable when a “person used more force than was reasonably necessary to defend against a danger.”
Assemblyman David Tangipa condemned the bill, telling Fox26News that the legislation forces the homeowner 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.”
Californians would further “have to exercise all other options of, oh, well, you could have just run away,” he explained. “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, noting such a situation is “unacceptable.”
“And not only that, it steps on our 2nd amendment rights,” he said.
