ND: Castle Doctrine Sent To Gov

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--> 'Shoot the burglar' bill passes quietly

Legislation to clarify when North Dakotans may shoot intruders without fear of prosecution or lawsuits was quietly approved in the state House, two months after it prompted an uproar about self-defense rights.

The measure says North Dakotans are obliged to try to avoid an armed confrontation if they can do so safely. However, it says the "duty to retreat" does not apply if a person is responding to an intruder in his or her home, workplace or travel trailer.

If an intruder is breaking in, shooting him is considered justified in most circumstances, unless the intruder is a police officer or someone who had a right to be in the dwelling, the legislation says. Police still may challenge whether the shooting was legal if they believe the shooter's fears of harm were unreasonable.

A person who shoots a burglar also is shielded from a civil lawsuit by the burglar or his family, who otherwise may be able to collect money damages for excessive use of force.

Representatives voted 80-13 on Thursday to endorse the bill, accepting a package of changes the Senate made last month. [...]