Minnesotans are still required to try and deescalate a threatening situation by attempting to retreat after a bill seeking to remove the “duty to retreat” failed to get enough votes in the Minnesota House of Representatives last week.
Currently, Minnesota’s “duty to retreat” policy requires that a person try to escape a situation in which they feel threatened before resorting to “reasonable force” as a form of self-defense. Republican Rep. Matt bliss introduced a bill in hopes of eliminating this duty to retreat, saying his bill would ensure “that law-abiding citizens are not forced to second-guess their ability to protect themselves in life-threatening situations.”
Bill Fails
While it was pitched at an attempt to help keep Minnesotans safe by allowing them to more quickly move to more lethal forms of self-defense if they feel threatened, opponents say the bill would only lead to more violent confrontations.
“Gun violence has already risen sharply in Minnesota over the past five years. We cannot afford new laws right now that are going to allow for even further gun deaths,” said Maggiy Emery, the executive director of Protect Minnesota, a nonprofit organization dedicated to preventing gun violence.
Emery said that the evidence is clear. States who have dropped the duty to retreat requirement have seen an increase in violence and shootings, especially among teens and communities of color.
“In Florida, after they enacted this legislation, there was a 45% rise in teenagers shooting other teenagers. We really cannot afford to see those kinds of numbers here in Minnesota. We want our kids to grow up safely,” Emery said. “If you feel threatened and you don’t feel like you need to de-escalate or walk away from that situation, the first thing you’re going to do is reach for a firearm and commit an unnecessary shooting.”
Bliss countered by saying that his bill was not designed to be a “shoot first” bill, but his pleas fell on deaf ears. For now, Minnesotans are still required to try and deescalate a situation by retreating before using reasonable force when threatened.
And remember, the duty to retreat only applies to situations in public. You are not required to retreat if there is a threat in your home. Minnesota follows the castle doctrine, which states that a person is allowed to use reasonable force without retreating first if they are under threat within their own home. However, if you’re out in public and someone picks a fight with you, you’re going to need to try to remove yourself from the situation before using reasonable force to defend yourself.
If you’re hoping to win a self-defense case or need help with a different criminal matter, we hope you’ll reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
