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MN Supreme Court duty to retreat ruling {xpost from Minnesota}
MN Supreme Court duty to retreat ruling
When the Minnesota Supreme Court upheld two second-degree assault with a deadly weapon convictions against a man with a machete who was threatened by a man with a knife at a Minneapolis light rail station, the state's highest court also set a new precedent involving Minnesota's self-defense laws.
In a 4-2 split decision, the court wrote that longstanding Minnesota law says that there is a duty to retreat when reasonably possible before using deadly force, even when facing bodily harm.
But according to Rob Doar, the vice president of the Minnesota Gun Owners Caucus, the ruling means anyone who uses a deadly weapon in self-defense must look for a reasonable way to retreat before even showing a weapon, or they can be charged with a crime.
"Minnesota is one of the states that does have a duty to retreat. But now with this decision, we are literally the only state in the country that requires you to retreat before you even present a force option," said Doar.
https://www.fox9.com/news/mn-supreme-court-duty-retreat-ruling
When the Minnesota Supreme Court upheld two second-degree assault with a deadly weapon convictions against a man with a machete who was threatened by a man with a knife at a Minneapolis light rail station, the state's highest court also set a new precedent involving Minnesota's self-defense laws.
In a 4-2 split decision, the court wrote that longstanding Minnesota law says that there is a duty to retreat when reasonably possible before using deadly force, even when facing bodily harm.
But according to Rob Doar, the vice president of the Minnesota Gun Owners Caucus, the ruling means anyone who uses a deadly weapon in self-defense must look for a reasonable way to retreat before even showing a weapon, or they can be charged with a crime.
"Minnesota is one of the states that does have a duty to retreat. But now with this decision, we are literally the only state in the country that requires you to retreat before you even present a force option," said Doar.
While it does follow precedent of MN law, the expansion is concerning. It could be that a woman facing an assailant would have to try to flee before even grabbing her pepper spray.
6 replies
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= new reply since forum marked as read
Seems to be a limited expansion which is not unreasonable. I'll have to read it all later
