As If CA Wasn't Progressive Hellhole Enough, You May Soon Have a 'Duty to Retreat'

AP Photo/Brittainy Newman, File

You might be surprised to know that, as gun-control mad as California is, they do have a section of the CA Penal Code that concedes a death occurring in the course of defending one's habitation, property, or person against someone 'manifestly attempting in a riotous or tumultuous manner' to enter with intent to cause harm falls under the category of 'justifiable homicide.'

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Section 197 had three such 'justifiable' carve-outs. The first is resisting any attempt to murder or commit a felony. The second is what I've quoted from above, and the third is a kind of complicated paragraph having to do with defending someone whom you perceive to be in danger of imminent or already under attack.

Those are the three times CA recognizes the fundamental right to self-defense with deadly force. 

Assemblymember Rick Chavez Zbur (D-Hollywood), a relatively new but already influential member of the super-majority Democratic Assembly in Sacramento (he's the Caucus Chair), wants to change those circumstances under which 'homicide' is justifiable under the penal code.

Zbur is your stereotypical lefty progressive lawyer with the classic uber-liberal Yale and Harvard bonafides... 

...A former Executive Director of Equality California, the nation's largest statewide LGBTQ+ civil rights organization, Assemblymember Zbur worked to advance civil rights and social justice for the diverse communities to which LGBTQ+ people belong — communities of color, communities of faith, immigrants, women and people living with HIV.

He also fought to address climate change with urgency as an environmental lawyer and 20-year board member of the California League of Conservation Voters, now renamed California Environmental Voters and was its president for six years. Assemblymember Zbur fought for environmental justice and a focus on vulnerable communities that are hardest hit by pollution and to advance sustainable housing and green job programs.

Assemblymember Zbur grew up in a rural farming community in the Rio Grande Valley in New Mexico and ultimately became the first person in his rural community to attend an Ivy League university. After graduating from Yale College and Harvard Law School, Rick moved to Los Angeles in 1985.

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...who made sure to kiss Newsom's ring when the oleaginous CA chief executive called a special session to 'Trump-proof' the state.

...“California has always been a place where values like compassion, fairness, and justice aren’t just words—they are our guiding principles,” said Assemblymember Zbur. “I thank Governor Newsom for calling this special session to reaffirm California’s commitment to these values. This is a critical moment in our nation’s history for us to lead by example and to stand as a beacon of hope for communities across the country seeking dignity and opportunity.

“It is our duty to protect our most vulnerable by upholding the rule of law and championing the principles that make California exceptional. In times like these, we must lead the way, showing the nation that a commitment to justice and inclusion strengthens us all. But it is also critical that we seek to understand all perspectives, recognizing that solving our state and nation’s problems will require bringing everyone together. Only by listening can we find common ground and solve our most pressing challenges. By standing together, we can ensure California remains a place where every individual and family has the opportunity to thrive.”

So I guess it's unsurprising that he's the one to introduce changes to the penal code that will strip and rewrite much of the last remnants of common sense from the state's definition of 'self-defense' and, in fact, impose a duty to retreat, besides changing what one may and may not defend before it becomes a felony.

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...Now the Democratic supermajority wants to make you a criminal for defending your home and property… 

This bill would eliminate certain circumstances under which homicide is justifiable, including, among others, in defense of a habitation or property.

This is exactly what Zbur's changes propose to do.

AB 1333's summary is as follows:

Existing law defines homicide as the unlawful killing of a human being, or a fetus, with or without malice aforethought, as specified. Existing law establishes certain circumstances in which homicide is justifiable, as specified.

This bill would eliminate certain circumstances under which homicide is justifiable, including, among others, in defense of a habitation or property. The bill would additionally clarify circumstances in which homicide is not justifiable, including, among others, when a person uses more force than necessary to defend against a danger.

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I screenshot the bill's changes so you could see them. Those in red are the sections being struck, and blue are Zbur's additions.

Below is the (b) section, the entirety of which is new. Zbur has added it to Section 197, and it now delineates what circumstances ARE NOT 'justifiable homicide.' It includes a 'duty to retreat.'


...(b)Homicide is not justifiable when committed by a person in all of the following cases:

(1)When the person was outside of their residence and knew that using force likely to cause death or great bodily injury could have been avoided with complete safety by retreating.

(2)When the person used more force than was reasonably necessary to defend against a danger.

(3)When the person was the assailant, engaged in mutual combat, or knowingly engaged in conduct reasonably likely to provoke a person to commit a felony or do some great bodily injury, except if either of the following circumstances apply:

(A)The person reasonably believed that they were in imminent danger of death or great bodily injury, and had exhausted every reasonable means to escape such danger other than the use of force likely to cause death or great bodily injury.

(B)In good faith, the person withdrew from the encounter with the other assailant or assailants and indicated clearly to the other assailant or assailants that the person desired to withdraw and terminated the use of any force, but the other assailant or assailants continued or resumed the use of force.

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Only in the progressive brain, which has never once engaged in any sort of physical confrontation, is there a hard and fast metric for 'using more force than necessary.'

You'll remember that's what Alvin Bragg's pack of wolves tried to do to Daniel Penny.

It's also another example of the progressive disregard for the value of a law-abiding citizen's right to their safety and security.

Suck it up. 'That's why you have health insurance or homeowners' is the implicit progressive message.

No need to be ugly about a minor inconvenience and hurt somebody worse off than you, you privileged, trigger-happy whiner.

California is doing great

Recently released FBI crime data from two-thirds of the country’s law enforcement agencies indicate that California’s violent crime rate is increasingly diverging from the national trend: as of 2022, it is 31% higher than the US rate. This divergence is driven largely by aggravated assaults, which have been declining nationwide while rising in California.

It should be noted that the FBI adopted a new crime reporting system in 2021, and many law enforcement agencies around the country are not yet participating; about 60% reported data in 2021 and 69% in 2022. California’s crime statistics appear to line up well with the FBI numbers, but this may not be the case for other states in which relatively few agencies report. Just under half of California’s law enforcement agencies (49%) reported crime numbers for 2022, and percentages in many other populous states were much lower: 8% in Florida, 9% in Pennsylvania, and 24% in New York.

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Take your lumps if you can't back up fast enough.

That's on you.

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