A proposal by a local lawmaker to restrict the use of lethal force for self defense has drawn a quick response from supporters and critics alike.
State Assemblymember Rick Chavez Zbur introduced Bill 1333 last week to substantially narrow the legal justification for homicide in California. Homicide refers to any killing of a person by another while murder is the term for an illegal homicide. As it stands today, there are justifications for killing another person in the criminal code, largely linked to self-defense.
Under the proposed legislation, homicide would no longer be justifiable when committed in defense of property or habitation alone.
Key changes include a new "duty to retreat" provision requiring individuals outside their homes to attempt to safely withdraw from dangerous situations before using deadly force. The bill also explicitly states that homicide is not justifiable when a person uses more force than reasonably necessary to defend themselves.
Additionally, the proposal would restrict self-defense claims for individuals who initiated a confrontation or engaged in mutual combat. Such individuals could only claim self-defense if they made good-faith efforts to withdraw from the encounter or if they faced imminent danger of death or serious injury with no other means of escape.
Gun safety advocates praised the bill as a way to prevent armed extremism and vigilante violence.
“As Washington’s priorities remain misplaced, California has a responsibility to step-up – and this legislation is crucial to saving lives,” said Cassandra Whetstone, a volunteer with the California chapter of Moms Demand Action. “Our self defense laws should protect people responding to the imminent risk of harm to themselves or others, not those who are willingly putting themselves and others in danger. From a road rage incident to a conversation gone wrong, we have witnessed far-too-many senseless acts of gun violence across California and the country and we thank Assemblymember Zbur for stepping up to tackle this issue head on.”
Supporters said the first-of-its-kind bill should be replicated in other jurisdictions.
“This legislation builds on California’s gun safety legacy and lays the blueprint for the rest of the nation,” Monisha Henley, senior vice president for government affairs at Everytown for Gun Safety. “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. We thank Assemblymember Zbur for his commitment to gun safety and listening to advocates and experts on ways to keep Californians safe from gun violence.”
Critics lambasted the proposal as an attempt to criminalize home defense and protect criminals.
"Sacramento Democrats have spent the last 15 years tying the hands of law enforcement and coddling criminals, using and abusing ordinary Californians in their attempt to make criminals the real victims. Now, they're actively trying to tie the hands of our residents, who have had to defend themselves against re-released career criminals far too often,” said Riverside County Sheriff Chad Bianco who has filed to run as a Republican candidate for Governor.
Bianco said the measure was tone-deaf given the passage of Prop. 36 last year.
The ballot measure was overwhelmingly approved with 68 percent of the vote statewide. It increases penalties for repeat theft and allows for more felony charges related to drug offenses. The measure was largely in response to the previously approved Prop. 47 that had decreased criminal penalties for low-level crimes.
"Prop 36 should have been a wake-up call - Californians are sick and tired of crime, and they are demanding that leaders in Sacramento do something about it. Unfortunately for us, Legislative Democrats can't put aside their backwards ideology,” said Bianco. “It's time for a change."
Zbur said the critics had misconstrued the bill.
“AB 1333 was never intended to limit a crime victim’s right to defend yourself, your family, and your home. The bill’s goal is to prevent wannabe vigilantes like Kyle Rittenhouse from provoking violence and then claiming self defense after the fact," he said. "We will be amending the bill to make this crystal clear.“
