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 intentionally 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 Additionally, it clarifies that an individual's use of defensive force is justified if they have withdrawn from an encounter and communicated this to the other party, but only if the other party continues to threaten unlawful action.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 imminent danger occurs. This addition aims to strengthen the legal framework surrounding self-defense by ensuring that individuals who are unlawfully armed cannot claim self-defense in situations where they provoke or escalate violence. Overall, the bill seeks to clarify and tighten the conditions under which self-defense can be claimed in North Dakota.

Statutes affected:
INTRODUCED: 12.1-05-03