California Gun Owners Beware: ‘Duty to Retreat’ Required in New Bill

The California gun prohibition lobby is hailing a new Assembly bill that includes a duty to retreat “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,” but the measure is drawing a barrage of criticism from Republicans.

According to a synopsis of Assembly Bill 1333, introduced by Democrat State Rep. Rick Chavez Zbur (51^st District), “This bill would eliminate certain circumstances under which homicide is justifiable, including, among others, in defense of a habitation or property.”

In a statement released by Everytown for Gun Safety on behalf of the California chapters of Moms Demand Action and Students Demand Action, Everytown Senior Vice President for Government Affairs Monisha Henley asserted, “This legislation builds on California’s gun safety legacy and lays the blueprint for the rest of the nation. White supremacists and other extremists have hidden behind self-defense laws to fire a gun and turn any conflict into a death sentence. Now, lawmakers have an opportunity to help stop that and save lives. We thank Assemblymember Zbur for his commitment to gun safety and listening to advocates and experts on ways to keep Californians safe from gun violence.”

Translation: Shoot a thug in self-defense and risk being smeared as a right-wing racist, and probably prosecuted.

But the San Joaquin Valley Sun is reporting that Zbur, faced with massive criticism, is apparently re-thinking his bill, and he has “promised to amend the proposal to not take away self-defense rights after Republicans came out against it in force.”

The California Globe is quoting Riverside County Sheriff Chad Bianco, who is also a Republican candidate for governor in 2026.

“Sacramento Democrats have spent the last 15 years tying the hands of law enforcement and coddling criminals, using and abusing ordinary Californians in their attempt to make criminals the real victims,” Bianco reportedly said. “Now, they’re actively trying to tie the hands of our residents, who have had to defend themselves against re-released career criminals far too often. Prop 36 should have been a wake-up call – Californians are sick and tired of crime, and they are demanding that leaders in Sacramento do something about it. Unfortunately for us, Legislative Democrats can’t put aside their backwards ideology. It’s time for a change.”

Likewise, the San Joaquin Valley Sun is reporting statements from a couple of Zbur’s colleagues, both Republicans.

“If you thought California Democrats couldn’t be more out of touch, here’s another example,” Assemblyman David Tangipa of Clovis said. “Where do you retreat if you can’t defend yourself in your own home?”

Assemblyman Tom Lackey of Palmdale called AB 1333 “a complete assault on self-defense.”

“The misguided energy behind this proposal is beyond comprehension,” Lackey said in a post on “X.”

Here is the language in AB 1333 which is raising the ire of Golden State gun owners and even the Riverside County Sheriff.

“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.”

The Globe story also noted, “the huge limitation of self-defense outraged many over the past weekend.”

“While initially submitted under the radar, AB 1333 became one of the most talked about bills within days of being introduced,” the Globe acknowledged.

An unscientific, online survey by KMPH News shows the bill getting an overwhelming negative reaction from respondents. Asked if they agree “with making self-defense against criminals illegal,” a whopping 97 percent were saying “No.”

Under AB 1333, homicide would still be justifiable under these circumstances:

“(1) When resisting any attempt to murder any person or to do some great bodily injury upon any person.

“(2) When committed in defense of a person, against one who manifestly intends or endeavors in a violent, riotous, or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein.

“(3) When committed in the lawful defense of such person, or of a spouse, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to do some great bodily injury, and imminent danger of such design being accomplished.”

While Democrats dominate the Assembly in Sacramento, the reaction so far to AB 1333 is sending a clear message that Zbur’s proposal has crossed way over the line.

About Dave Workman