House Committee Substitute

A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself, herself, or another when using defensive force that is intended to cause death or great bodily harm to another if:

(1) The person against whom such force was used was in the process of unlawfully and forcefully entering or already entered a dwelling, residence, or occupied vehicle in such manner, or if that person had removed or was attempting to remove another against such person's will from the dwelling, residence, or occupied vehicle; and

(2) The person who uses defensive force knew or had reason to believe that an unlawful and forcible act was occurring or had occurred.

This presumption does not exist if the person:

(1) Against whom the defensive force is used has the right to be in the dwelling, residence, or vehicle and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person;

(2) Sought to be removed is a child, grandchild, or is otherwise under the guardianship of the person against whom the defensive force is used;

(3) Who uses defensive force is engaged in unlawful activity; or

(4) Against whom the defensive force is used is a law enforcement officer entering the dwelling or vehicle as part of his or her duties and the officer properly identifies himself or herself or the person knew or should have know the person entering was a law enforcement officer.

A person who is not engaged in an unlawful activity and who is attacked in a place where he or she has a right to be has no duty to retreat and has the right to meet force with force if he or she reasonably believes it necessary to do so to prevent death or great bodily harm or to prevent the commission of a forcible felony.

A person who uses such force as described above, is justified in using such force and is immune from civil actions and criminal prosecutions for the use of such force, unless the person against whom force was used was a law enforcement officer who identifies himself or herself or the person using the force should have known the person was a law enforcement officer.

A law enforcement agency may use standard procedures for investigating the use of force, but the agency may not arrest the person using force unless it determines that there is probable cause that the force was unlawful. The court shall award attorneys' fees and court costs, compensation for loss of income and all expenses incurred by the defendant during a civil action if the court finds the defendant is immune.

This act makes an exception to certain provisions of the unlawful use of a weapon statute for federal flight deck officers. This act makes state restrictions on the transfer of concealable firearms identical to certain federal restrictions. The penalty for an illegal transfer of concealable firearms is reduced from a Class A misdemeanor to an infraction punishable by a fine of not more than $100. The permit requirement for the purchase of a concealable firearm is repealed.

Currently, upon conviction of a felony in violation of the law perpetrated by the use of a firearm, the court may order the confiscation and disposal of such firearm. Under this act, the court may also order the sale or trade of such firearm to a licensed firearm dealer. The proceeds of such sale or trade shall be the property of the police or sheriff's department responsible for the defendant's arrest or the confiscation of the firearms and ammunition.

For purposes of the concealed carry endorsement statute, the requirement of demonstrating knowledge of firearms safety training shall be satisfied with the submission of proof that the applicant currently holds a valid peace officer license, the applicant is currently allowed to carry a firearm as a probation and parole officer, or the applicant is certified as a corrections officer and has passed at least one eight-hour firearms training course.

This act similar to SB 462 (2007) & HCS/HB 189 (2007).

SUSAN HENDERSON MOORE