The bill amends section 12.1-05-03 of the North Dakota Century Code, which pertains to self-defense laws and the unlawful possession of firearms. It redefines the language surrounding who is justified in using force for self-defense, changing "person" to "individual" throughout the text. The bill specifies that an individual is not justified in using force if they provoke unlawful action, engage in mutual combat, or are the initial aggressor, unless they are resisting clearly excessive force. Additionally, it clarifies that an individual's use of defensive force is justified if they have withdrawn from an encounter and communicated this to the other party, but the other party continues to threaten unlawful action.
Furthermore, the bill introduces a new provision stating that an individual is not justified in using force if they possess a firearm unlawfully and use it at the time the danger of imminent unlawful bodily injury, sexual assault, or detention occurs. This addition aims to strengthen the legal framework surrounding self-defense and firearm possession, ensuring that individuals who engage in unlawful firearm possession cannot claim self-defense in such situations.
Statutes affected: INTRODUCED: 12.1-05-03