In '18 Idaho enacted a stand your ground law that gives business owners a very strong case for deadly force. If anyone enters the business by force or unlawfully, even if there's no apparent threat to life, you can shoot them on the spot. Rioters in Idaho would stand a good chance of getting shot.
Idaho’s law protecting a person acting in self-defense gets clarified by the passage of Senate Bill 1313 – which goes into effect July 1st. The real impact is to consolidate and codify existing law to clearly protect the inherent right of a person to defend themselves and others. Idaho law permits a law-abiding citizen to stand their ground and protect themselves and families anywhere they have a right to be. SB 1313 also protects the right of a person to defend against intruders who enter the defender’s home or business unlawfully or by force, without having to demonstrate that he or she reasonably feared the intruder was about to cause death or great bodily harm. The entry by unlawful force establishes that the defender’s fear of serious injury was reasonable, so the use of self-defense was likewise reasonable.
There is a lot of debate about restrictions on gun ownership and use across the land, but Idaho remains committed to the notion that self-defense, including the use of firearms and deadly force, is a reasonable response to an unlawful attack on you or your family. The law doesn’t really change anything, but it clarifies the right to stand your ground in the face of an intrusion or attack on you or your family. The law had the backing of law enforcement and prosecutors.
Every state needs to clarify this right to defend a business against rioters, without having to prove imminent fear of bodily injury or death. That will put a stop to this.
PREVENTION OF PUBLIC OFFENSES
19-202A. DEFENSE OF SELF, OTHERS AND CERTAIN PLACES. (1) No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting himself or his family by reasonable means necessary, or when coming to the aid of another whom he reasonably believes to be in imminent danger of or the victim of aggravated assault, robbery, rape, murder or other heinous crime.
(2) The defense of self or of another does not require a person to wait until he or she ascertains whether the danger is apparent or real. A person confronted with such danger has a clear right to act upon appearances such as would influence the action of a reasonable person.
(3) In the exercise of the right of self-defense or defense of another, a person need not retreat from any place that person has a right to be. A person may stand his ground and defend himself or another person by the use of all force and means which would appear to be necessary to a reasonable person in a similar situation and with similar knowledge without the benefit of hindsight. The provisions of this subsection shall not apply to a person incarcerated in jail or prison facilities when interacting with jail or prison staff who are acting in their official capacities.
(4) In any prosecution for the unlawful use of force, including deadly force, or the attempted or threatened use of force contrary to title 18, Idaho Code, the burden is on the prosecution to prove beyond a reasonable doubt that the use of force, attempted use of force or threat to use force was not justifiable.
(5) A person using force or deadly force in defense of a habitation, place of business or employment or occupied vehicle as defined in section 18-4009(3), Idaho Code, is presumed to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the force is used against a person whose entry or attempted entry therein is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.
History:
[19-202A, added 1974, ch. 238, sec. 1, p. 1601; am. 2018, ch. 222, sec. 5, p. 502.]
