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Minnesota

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sarisataka

(21,485 posts)
Thu Aug 1, 2024, 08:46 AM Aug 2024

MN Supreme Court duty to retreat ruling [View all]

Last edited Thu Aug 1, 2024, 09:21 AM - Edit history (1)

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

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.


Text of the ruling courtesy Ocelot II
https://mn.gov/law-library-stat/archive/supct/2024/OPA220432-073124.pdf
Ithe ruling does seem to be limited to deadly force
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