Imagine this: you hear a crash downstairs in the middle of the night, and your heart races as you realize someone has broken into your home. Worse yet, they’re armed. In that terrifying moment, your instinct is to protect yourself and your family. But under California’s newly proposed Assembly Bill 1333, you may have to pause and ask yourself—will I go to prison for defending my home?
AB 1333, introduced by Assemblymember Rick Chavez Zbur, a Democrat from the 51st Assembly District, proposes significant changes to California’s self-defense laws, especially concerning justifiable homicide. The bill aims to eliminate legal protections for homeowners who use deadly force to protect themselves, their families, and their property. By requiring homeowners to demonstrate that they had “no other option” but to resort to lethal force, this legislation effectively shifts the burden from criminals to law-abiding citizens.
A Dangerous Shift in Self-Defense Laws
For decades, the Castle Doctrine has protected Californians by recognizing that a person’s home is their ultimate line of defense. If someone unlawfully enters your home, the law assumes you have the right to defend yourself without hesitation. AB 1333 threatens that right by imposing a requirement for homeowners to demonstrate that using force was necessary—and possibly even that they attempted to retreat beforehand.
This is not just misguided—it’s dangerous. In real-life home invasion situations, every second counts. Asking a homeowner to pause and consider whether the force they use will stand up in court could mean the difference between life and death. Even worse, it sends a message to criminals that the law is on their side side.Empowering the Criminals, Disarming the Victims
One of the most alarming aspects of AB 1333 is that it grants intruders more rights than homeowners. Should a homeowner be required to retreat if a criminal breaks into their home armed with a weapon? Should they be forced to prove in court that they had “no alternative” but to protect themselves? This bill emboldens intruders by suggesting that homeowners are legally vulnerable if they defend themselves.
Moreover, violent crime is increasing in California. Home invasions, armed robberies, and burglaries have become more common. Yet, instead of enacting laws to protect victims, AB 1333 does the opposite—it makes it more difficult for them to defend themselves while creating more legal loopholes for criminals.
Democratic Supermajority and the Push for AB 1333
It comes as no surprise that AB 1333 has gained momentum in Sacramento. The California State Legislature is largely dominated by Democrats, who hold a supermajority in both the Assembly and the Senate. With 60 Democrats in the Assembly and 30 in the Senate, they have the power to pass legislation without relying on any Republican votes. Assemblymember Rick Chavez Zbur, the bill’s author, is a prominent member of this Democratic supermajority, and his proposal aligns with their broader agenda to impose stricter regulations on self-defense laws.
This political landscape shows that bills like AB 1333, despite their clear dangers to homeowners, can be passed with minimal resistance. When one party holds unchecked power, laws that infringe upon individual rights—especially the right to self-defense—are more likely to be enacted. California residents need to recognize this and stand against lawmakers who prioritize ideology over public safety.
A Slippery Slope Toward Criminalizing Self-Defense
Supporters of the bill argue that it seeks to prevent unnecessary killings. However, in reality, it discourages victims from defending themselves and creates a dangerous legal gray area where prosecutors can scrutinize a homeowner’s split-second decision to use force.
What happens if a homeowner, fearing for their life, shoots an armed intruder, only to be prosecuted for failing to “retreat” first? What if a family defends themselves against a violent attacker and then spends years in court proving their actions were justified? AB 1333 directly attacks the right to self-defense and puts innocent people in legal jeopardy for protecting their own lives.
The Right to Self-Defense Must Be Protected
Homeowners should not doubt their right to defend themselves. California lawmakers must acknowledge that AB 1333 is a reckless proposal that prioritizes the rights of criminals over law-abiding citizens. Instead of undermining self-defense protections, the state should strengthen them to ensure homeowners never hesitate in life-threatening situations.
It’s time for Californians to take a stand. AB 1333 must be stopped before it turns every home invasion into a legal nightmare for the victim and empowers those who commit crimes.
The right to self-defense is not merely a privilege; it is a fundamental human right. Any law that undermines this right jeopardizes everyone.
As a retired law enforcement officer with 33 years of experience, I advocate for sensible gun laws and the right to own registered firearms for the protection of myself, my family, and my home. When laws are enacted that regulate and restrict how I defend my home and family from an unlawful intruder, it exemplifies the government overreaching at its worst.
4 Comments
Damon — it seems you have this bill really wrong. In fact that bill would bring CA law to par with NY’s self-defense law. The bill does not touch on the castle doctrine as that is a totally separate statue. The bill sponsor already said he was going to amend to make that clearer. But brother i think you are really far off and you’re simply misleading your readers quite irresponsibly. AB 1333 is about preventing a discussion or misunderstanding from becoming deadly…really sad on your read on this and siding with the NRA and all those crazy extremists. Stick to NY…
Thanks for your response. Here is the link to the bill with a list of where the bill’s Key Sections That Affect the Castle Doctrine and Home Defense:
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB1333
Key Sections That Affect the Castle Doctrine and Home Defense:
Elimination of Justifiable Homicide for Defense of Habitation (Lines 8-14)
The current law allows homicide to be justifiable when committed in defense of habitation, property, or person against someone attempting to commit a felony or enter a home violently.
AB 1333 removes the explicit mention of “habitation” and “property” from the justifiable homicide statute, weakening legal protections for homeowners defending their homes.
Restrictions on Self-Defense Justifications (Lines 31-35)
The bill introduces a requirement that homicide is not justifiable if the person could have retreated with complete safety outside their residence.
This could be interpreted to apply to home defense situations, making it harder for homeowners to claim self-defense if prosecutors argue they had a chance to flee.
Proportionality Clause (Lines 34-35)
AB 1333 states that homicide is unjustifiable if “more force than was reasonably necessary” was used.
This creates uncertainty for homeowners using deadly force against intruders, as courts may scrutinize whether their response was “reasonable.”
Requirement to Exhaust All Means of Escape (Lines 3-6)
The bill requires that a person “exhaust every reasonable means to escape” before using deadly force.
This could place an additional burden on homeowners, forcing them to prove in court that they had no choice but to use deadly force.
According to Assemblyman Rick Chavez Zbur, the bill does not change the long-standing castle doctrine, which gives people extra self-defense protections in their homes, and which exists in a different part of the Code—California Penal Code 198.5.
“AB 1333 was never intended to limit a crime victim’s right to defend themselves, their families, or their homes,” Zbur told The Epoch Times in an email on March 5.
Zbur said he already plans to amend the legislation to clear up any confusion that might have been raised about it.
“The [goal] of AB 1333 is to promote public safety by protecting people from vigilante violence in public places,” Zbur said. “We will be amending the bill to make this crystal clear.”
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