A new bill introduced to the California legislature could see homeowners charged with homicide if they use deadly force against intruders, unless they’ve exhausted “every reasonable means to escape.”
Assembly Bill 1333, introduced by Democratic Caucus Chair Rick Chavez Zbur, aims to “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.”
The bill, if passed, would enshrine a principle in direct opposition to the so-called “castle doctrine” laws that are current in many states. Castle doctrine dictates that a homeowner can use deadly force to defend their home, without a duty to retreat.
Critics have pointed out that the bill places an unreasonable expectation on homeowners whose property and lives may be at risk.
Assemblyman David Tangipa of California’s 8th District has been a particularly vocal critic of the bill, claiming it infringes Californians’ 2nd Amendment rights.
“If you can’t be safe in your own home, where can you flee to?” he said.