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2025 AB 1333, Zbur: creates 'duty to retreat', limits justification for self defense

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  • Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44624

    2025 AB 1333, Zbur: creates 'duty to retreat', limits justification for self defense



    [QUOTE]
    (b) 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.
    /QUOTE]
    ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

    Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!
  • #2
    broadside
    Senior Member
    • Nov 2016
    • 1474

    (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.
    Seems like no one will ever know that it could have been avoided with complete safety by retreating, so what is the point? I could have tripped and fell and broke my arm trying to run away. I could have been hit by a car trying to run away. I could have been shot by a cop running away from a confrontation (see San Diego Officer Gold killing the victim at the metro station).

    Comment

    • #3
      BAJ475
      Calguns Addict
      • Jul 2014
      • 5023

      [QUOTE=Librarian;n54457391]https://leginfo.legislature.ca.gov/f...02520260AB1333

      (b) 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.
      /QUOTE]
      Another dick-head Dem from the LA area.

      Comment

      • #4
        9Cal_OC
        Calguns Addict
        • Apr 2019
        • 6635

        A solution looking for a problem…

        More garbage from Excramento.
        Freedom isn't free...

        sigpic

        iTrader

        Comment

        • #5
          DolphinFan
          Veteran Member
          • Dec 2012
          • 2522

          This is a NON STARTER.
          Article 1 Section 1 of the California Constitution says;

          ARTICLE 1.
          SECTION 1.

          All people are by nature free and independent and have inalienable rights. Among these are enjoying and DEFENDING LIFE and liberty, acquiring, possessing, and PROTECTING PROPERTY, and pursuing and OBTAINING SAFETY, happiness, and privacy.

          (Sec. 1 added Nov. 5, 1974, by Proposition 7. Resolution Chapter 90, 1974.)

          10/15/2022 - Called to get on the list
          2/18/2023 - Interview set
          4/27/2023 - Class
          4/30/2023 - Live Scan
          5/9/2023 - Interview
          6/26/2023 - Approval Letter
          8/1/2023 - Issued

          Comment

          • #6
            The Gleam
            I need a LIFE!!
            • Feb 2011
            • 10924

            Subjective hypothetical 'what if' nonsense. Requiring someone to predict the future. Some of this is already law.

            Yet this 'duty to run away' is the type of crap you see in Britain.

            But let's compare this approach to other crimes where you are being victimized; rape for example:

            You have a duty to 'not make it worse, and cooperate'. Don't incite violent rape - just close your eyes and enjoy it. Be sure to tell your rapist to wear a condom, to avoid worsening the rape by contracting a veneral disease like HIV, or getting yourself pregnant. After all, you must have done something to lead the rapist on to make him want to rape you - you should have retreated, it was your duty and you failed. Nice going. Slut.

            ---
            -----------------------------------------------
            Originally posted by Librarian
            What compelling interest has any level of government in knowing what guns are owned by civilians? (Those owned by government should be inventoried and tracked, for exactly the same reasons computers and desks and chairs are tracked: responsible care of public property.)

            If some level of government had that information, what would they do with it? How would having that info benefit public safety? How would it benefit law enforcement?

            Comment

            • #7
              SDDAVE56
              Senior Member
              • Jun 2011
              • 1552

              What if I'm not in shape enough to run????? Wearing the wrong kind of shoes?????

              Comment

              • #8
                Tarmy
                CGN/CGSSA Contributor - Lifetime
                CGN Contributor - Lifetime
                • Feb 2016
                • 3536

                Typical wishy washy unclear language intended to allow these lame prosecutors to interpret whatever they want. Once again, proving that the criminals committing a criminal act (not thinking nor caring about the victim or their safety) have more rights than the victim (who are now REQUIRED to think, analyze and act on how they handle a life or death situation based upon some crap law) or face dire consequences’s.
                Wilson Protector .45, Springer 9mm Loaded, Franchi Instinct SL .12ga. and some other cool stuff for the kiddos...

                Comment

                • #9
                  Ishooter
                  Senior Member
                  • Mar 2010
                  • 896

                  They're trying to eliminate the stand your ground law.

                  Comment

                  • #10
                    flyer898
                    Senior Member
                    • Feb 2009
                    • 2003

                    If this passes, what effect will it have on how a civilian responds when law enforement officers arrive?
                    Has anyone considered that PC 197 applies to use of deadly force by law-enforcement?
                    Never argue with a fool, onlookers may not be able to tell the difference. So said somebody but not Mark Twain
                    "One argues to a judge, one does not argue with a judge." Me
                    "Never argue unless you are getting paid." CDAA
                    "I learned long ago, never to wrestle with a pig. You get dirty, and besides, the pig likes it." George Bernard Shaw

                    Comment

                    • #11
                      Regular guy
                      Senior Member
                      • Oct 2011
                      • 686

                      What if you are unable to retreat due to illness or disability ? Sometimes a person cannot retreat effectively, nor defend themselves unarmed or with a melee weapon.

                      Comment

                      • #12
                        9Cal_OC
                        Calguns Addict
                        • Apr 2019
                        • 6635

                        Seems like the author is backpedaling based on criticism received on the bill:





                        Freedom isn't free...

                        sigpic

                        iTrader

                        Comment

                        • #13
                          Preston-CLB
                          Veteran Member
                          • Apr 2018
                          • 3175

                          This stupid bill flies in the face of the CA constitution and the inalienable right to self-defense.
                          -P
                          ? "If you want nice fresh oats, you have to pay a fair price. If you are satisfied with oats that have already been through the horse, well, that comes a little cheaper."

                          Comment

                          • #14
                            broadside
                            Senior Member
                            • Nov 2016
                            • 1474

                            Originally posted by 9Cal_OC
                            I like how the dude says he wants to prohibit Rittenhouse type scenarios. But Kyle was retreating, in both occurrences of his shootings. He was retreating in the parking lot and he was retreating down the street.

                            Comment

                            • #15
                              Rickybillegas
                              Senior Member
                              • Nov 2022
                              • 1519

                              He's getting a lot of heat and on the defensive and making excuses.

                              "AB 1333 was never intended to limit a crime victim’s right to defend yourself, your family, or home. The goal is to prevent wannabe vigilantes like Kyle Rittenhouse from provoking violence & claiming self defense after the fact. We will amend the bill to make this crystal clear."

                              Comment

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