- Democratic California lawmaker Rick Chavez Zbur introduced Assembly Bill 1333, which aims to limit justifiable homicide, including in defense of habitation or property. The bill also clarifies that homicide is not justifiable when excessive force is used.
- Zbur stated the bill’s goal is to prevent vigilante actions like Kyle Rittenhouse, who was acquitted of self-defense charges in 2021.
- Los Angeles Deputy District Prosecutor Jonathan Hatami criticized the bill, arguing it undermines the right to self-defense and supports criminals.
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Democratic California State Assemblyman Rick Chavez Zbur introduced a bill that would amend the state’s penal code to limit a person’s ability to protect themselves inside their home. The bill would also clarify that homicide isn’t justifiable when excessive force is used.
What is Assembly Bill 1333?
Assembly Bill 1333 expands the scope of the crime of homicide. It would eliminate “certain circumstances under which homicide is justifiable.” Some of those circumstances include defending yourself or your home.
The bill would also clarify circumstances when homicide is not justifiable. The legislation states that it would include “when a person uses more force than necessary to defend against a danger.”
Does this bill violate the Constitution?
The Second Amendment gives people the right to possess a firearm for self-defense and the right to protect their property.
In a post on X, Zbur writes, “The bill 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.”
In 2021, a jury found Kyle Rittenhouse had acted in self-defense when he killed two people during a Wisconsin Black Lives Matter riot in August 2020.
Zbur’s post received a community note that states AB 1333 explicitly intends to limit the right of Californians to defend their home and linked the bill text in the note.
Los Angeles Deputy District Prosecutor Jonathan Hatami responded to Zbur on X, writing:
(1) If you are an elected legislator, you should be required to read and understand any bill you are proposing. Taking away our right to defend our families and our children is serious.
(2) Only under very limited circumstances can you claim self-defense in CA when you are the initial aggressor. Go watch a trial or better yet, ask an actual prosecutor. Your bill is not needed or wanted for that matter.
(3) Do better. Too many Californians have been victimized by crime. Stop drafting bills that support the criminal.”
Assembly Bill 1333 has not yet been assigned to a committee for consideration.