SB 46 – Self Defense

Sen. Breaux introduced SB 46 which attempts to clarify when an individual is entitled to use self-defense and when the individual is not. Or, it may be more accurate to say, it attempts to define situations that are not “self-defense” and, therefore, not situations where use of force is sanctioned under the law.

Generally speaking, government enjoys a monopoly on the use of force and only authorizes individuals to use force against others in very limited circumstances. “Self-defense” is one of those situations. But the line between self-defense and vigilantism can be a fine one.

It makes sense that we would not consider use of force to be “self-defense” if the user of force was the initial aggressor. Current law, however, permits the aggressor to, nevertheless, use force if the aggressor communicates an intent to withdraw (and does so) but the victim of the aggression continues to pursue. This bill would withdraw that exception — the policy apparently being that we don’t want to sanction aggression in the first place.

The bill also prohibits a person from using force against someone who is retreating and no longer presents an imminent threat. You also can’t withdraw, reach a place of safety, then return to the place of the attack and use force — unless the place of the attack is your house or if you are using force to protect a third person.