ATTN: MN Permit to Carry instructors. The MN Supreme Court has issued an opinion indicating ther a duty to retreat is required BEFORE presenting a weapon.
This obstensibly means that you must first evaluate an attempt retreat before you can present your firearm in defense. (1/3)
This obstensibly means that you must first evaluate an attempt retreat before you can present your firearm in defense. (1/3)
Historically, The duty to retreat has only been required USE OF FORCE, not the mere PRESENTATION of force.
This opinion indicates you can be charged with a crime of assault in the second degree if you present a weapon prior to attempting reasonable retreat. (2/3)
This opinion indicates you can be charged with a crime of assault in the second degree if you present a weapon prior to attempting reasonable retreat. (2/3)
Justice Tiessen writing for the dissent correctly notes that this creates a confusing situation, flies in the face of human nature, and that no other state imposes such a duty to those using a weapon in self-defense.
@z3r0_burn @FrankLopezGhost Therefore, if a prosecutor believes that you had a mechanism of reasonable retreat, they could pursue second degree assault charges against you.
This negates the fact that firearms can deescalate an encounter, or provide someone defense while while retreating.
This negates the fact that firearms can deescalate an encounter, or provide someone defense while while retreating.
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