In recent times, there have been frequent cases of home invasions and theft in the Chinese community in the eastern part of Los Angeles County, raising concerns among some civilians and law enforcement personnel about the proposed new bill in the California State Assembly that may limit the right to self-defense.
The AB1333 bill introduced by State Assemblyman Rick Chavez Zbur on February 21 aims to amend the sections related to self-defense in the California Penal Code. According to the legislative information website of California (leginfo.legislature.ca.gov), the new bill emphasizes that unnecessary killing, even in defense of oneself, residence, or property, is deemed unjustified:
1) When a person outside their residence knows that the use of force will result in death or serious injury, and retreat would completely avoid the necessity of using force;
2) When excessive force beyond what is necessary for defense is used;
3) When the person is an aggressor, engaged in mutual combat, or knowingly provoking the other party to commit a felony or cause bodily harm, with the following two exceptions:
A) If the person reasonably believes themselves to be in imminent danger of death or serious bodily harm and has exhausted all reasonable means to escape;
B) If the person disengages from combat with the attacker and clearly expresses the cessation of the use of force, but the attacker continues to use force.
Immediately after the release of AB1333, there was strong backlash from both civilians and law enforcement.
Guo Yixiu, president of the Southern California Volunteer organization “Community Security is Everyone’s Responsibility” (TACF), stated that AB1333 is “very bad” and “very unfavorable to us Chinese residents.”
He mentioned that in recent months, there have been frequent thefts in the Chinese community. Even brazen robbers have followed residents back into their homes after a casual walk and committed robberies.
Due to the presence of armed robbers, Guo Yixiu expressed concerns that even if residents have firearms in the future, they may not be able to use them when facing criminals entering their homes. He fears that residents would be considered guilty if they use firearms before being shot at.
Guo Yixiu anticipated that AB1333 would create similar consequences to Proposition 47 in California, which encouraged crimes. Proposition 47, passed in 2014, classified property theft under $950 as a misdemeanor, leading to a surge in robbery and theft crimes statewide, deteriorating public safety.
Two sheriffs in California have openly opposed AB1333. Chad Bianco, the Riverside County Sheriff who has announced his candidacy for governor, criticized the Democrats in Sacramento for restricting the law enforcement’s capabilities, allowing criminals to exploit and abuse ordinary Californians, attempting to make criminals the real victims.
He argued, “They are actively trying to tie the hands of our residents, forcing them to frequently defend themselves against re-released professional criminals.”
He posted a video on Facebook stating, “According to AB1333, if a criminal attacks you or your family and you defend yourself, causing the death of the criminal due to their criminal behavior, you could be arrested and charged with murder.”
Dave Kain, the Tehama County Sheriff, also criticized AB1333, stating that current California law is sufficient, and the District Attorney’s Office has procedures to determine the justifiability of a person’s use of lethal force. He mentioned that the current Section 198.5 of the California Penal Code (the “castle doctrine”) provides for the justifiability of killing in defense of home, property, and personal safety.
Kain expressed that AB1333 specifies situations where individuals may not protect themselves from criminals at home, which he finds to be one of the most absurd things he has heard.
In response to various criticisms, Assemblyman Zbur posted on X platform, stating, “AB1333 has never intended to restrict the rights of victims to protect themselves, their families, or their homes. The goal is to prevent incidents like Kyle Rittenhouse from inciting violence and claiming self-defense. We will amend the bill to clarify this point.”
Kyle Rittenhouse, a Wisconsin volunteer, shot and killed two people and injured one using an A15 rifle during an anti-police protest in 2020, for which he was acquitted by the court. He replied to Zbur’s post, indicating he would be testifying in California against this bill.
Some gun control advocacy groups support AB1333. The grassroots organization “Moms Demand Action” stated on their website that AB1333 is a life-saving bill aimed at preventing “shoot first, ask questions later”; the bill prioritizes safety, ensuring that events that can be de-escalated do not turn into deadly shootings.