MN Permit to Carry Ruling

  • stout93
    Becker MN
    Posts: 959
    #2283671

    If someone comes into my home attempting to hurt my family, I don’t care what laws are on the books or what consequences I will face. I’ll break any law if it means protecting my family, and will deal with the consequences after.

    According to Reef W…you’re a psycho…

    Matt Moen
    South Minneapolis
    Posts: 4235
    #2283683

    Almost all forms of self defense teach that retreat is the first option if available to you. My conceal/carry instructor spent a lot of time discussing escape and non-lethal means of self defense. This seems like a non issue. If you can retreat and take yourself out of harms way, you should do that. If you cannot, then defend yourself.

    Unless in your own home…then you can defend without retreat as already mentioned.

    Jon Jordan
    Keymaster
    St. Paul, Mn
    Posts: 6011
    #2283688

    The ruling is not purely a must retreat. Rather you will be breaking the law by simply drawing your weapon prior to retreat. That could be a baseball bat, a knife, a gun or otherwise…..

    -J.

    suzuki
    Woodbury, Mn
    Posts: 18602
    #2283691

    I don’t think pulling your gun means it’s automatically time to shoot. If pulling it de-escalates the situation then I’m not shooting. There are so many variables I’m afraid it’s up to each individual to decide. This ain’t Gunsmoke and letting the other person draw down on you first is not a winning strategy.

    Jon Jordan
    Keymaster
    St. Paul, Mn
    Posts: 6011
    #2283692

    I don’t think pulling your gun means it’s automatically time to shoot. If pulling it de-escalates the situation then I’m not shooting.

    That is what is illegal now. Or at least you can be charged with a crime now.

    -J.

    Reef W
    Posts: 2710
    #2283695

    According to Reef W…you’re a psycho…

    I said Byron Smith was. He parked his car down the street and unscrewed his lightbulbs then hid in his basement to wait. He shot the first person on the stairs and then, after they fell to the bottom, in the head. He then dragged the body to another room and went upstairs for awhile until he saw the second person outside at which time he went back to the basement to wait. He shot the second person, dragged their body to the room with the first, and then shot them in the head to kill them. He then left them there overnight and then asked a neighbor to call the police the following day. He told police that shooting the first one in the head was because “I want him dead.” and the second one in the head was “a good clean finishing shot.”

    Bearcat89
    North branch, mn
    Posts: 20228
    #2283697

    I don’t think pulling your gun means it’s automatically time to shoot. If pulling it de-escalates the situation then I’m not shooting. There are so many variables I’m afraid it’s up to each individual to decide. This ain’t Gunsmoke and letting the other person draw down on you first is not a winning strategy.

    No but drawing a firearm without intent to use it is wildly ignorant.

    dirtywater
    Posts: 1534
    #2283698

    I don’t think pulling your gun means it’s automatically time to shoot. If pulling it de-escalates the situation then I’m not shooting. There are so many variables I’m afraid it’s up to each individual to decide. This ain’t Gunsmoke and letting the other person draw down on you first is not a winning strategy.

    Yeah, because drawing a lethal weapon is a great de-escalation tactic. coffee

    My neighbor teaches carry classes. He dismisses about 25% of his customers because they have GI Joe delusions and refuse to take this crap seriously. He would rather lose the income than be the guy who paved the way for the next idiot on the local news.

    When they moved in my wife jokingly made a comment to him like “well good, the neighborhood is safer with you here.” He got serious and replied “I’m not here to protect the neighborhood, only my own home.” He’s one of the good ones.

    Riverrat
    Posts: 1516
    #2283699

    Yup Reef W not exactly they way I heard it, if I remember there was one person alive when he locked the door from the inside also. But yeah that was the incident that I thought had killed the Castle Law here in MN. I think they pulled back on the pressure to repeal when the Treyvon Martin thing was going down. The current MN law that is on file though is very short and simple.

    609.065 JUSTIFIABLE TAKING OF LIFE.
    The intentional taking of the life of another is not authorized by section 609.06, except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor’s place of abode.

    But when it comes to the civil trial, which is what my trainer emphasized most, you are pretty much always going to be held civilly responsible now unless you are in your home. And if you are charged in the shooting you will lose in the supreme court.

    waldo9190
    Cloquet, MN
    Posts: 1119
    #2283700

    <div class=”d4p-bbt-quote-title”>waldo9190 wrote:</div>
    This is something that we all (as responsible CCW’ers) need to be very careful with. Interjecting ourselves into a situation in public, with strangers, where we have no idea how (or why) something started could wind up very poorly.

    Regarding the duty to retreat, that can look very different situationally. If I’m by myself, I’m a lot more mobile and have way more options than if I’m somewhere with my wife and kids.

    I guess an example is if you see someone at gunpoint or a gal getting the livin snot beat out of her by some dude. Do you just yell “run”?

    Or what about if you interrupt or are indirectly engaged in an armed robbery? This stuff happens every day…

    Again, this is going to be unique to every situation, so I’ll just say that if I’m going to willingly interject myself into a situation that involves unholstering my firearm, I better have a DAMN good reason. If I think that gal might actually be beat to death, my first move is call the police, and second move (or maybe move 1b) is to inform the assailant that I’m doing so. If it escalates from there then the smokewagon gets skun if it needs to.

    It happens time and time again where a gal can be so dependant/groomed on/by a guy that even though the guy is a total piece and beats them regularly, they’ll deny it in court.

    All of a sudden you thinking you’re doing the right thing turns into YOU getting charged with assault with a deadly weapon because their story turns into “oh we were just having an argument”.

    Norsky
    Posts: 172
    #2283701

    It’s all just one more step towards eliminating the ability to use a gun. Just wait until Kamala takes office, Minnesota will be the new California. There will be many new laws that will make you extremely nervous about owning a gun. We could slide down a slippery slope in that regards.

    Matt Moen
    South Minneapolis
    Posts: 4235
    #2283702

    It’s all just one more step towards eliminating the ability to use a gun. Just wait until Kamala takes office, Minnesota will be the new California. There will be many new laws that will make you extremely nervous about owning a gun. We could slide down a slippery slope in that regards.

    What does Kamala being in office have to do with our state laws? She can’t decide state law so this argument makes no sense.

    Reef W
    Posts: 2710
    #2283703

    But yeah that was the incident that I thought had killed the Castle Law here in MN.

    Another detail was that the 2nd person was shot under the chin after he dragged them to another room. Despite him trying to use it as his defense it was never about castle doctrine, it was about him executing people who were no longer a threat.

    Ripjiggen
    Posts: 11564
    #2283704

    How does this work if you see someone else in trouble? Are you to assume whether they can or cannot retreat? Are you not able to help them with your unit?

    I am pulling out my phone not my gun in this situation.

    That’s what 911 is for.

    buckybadger
    Upper Midwest
    Posts: 8129
    #2283712

    <div class=”d4p-bbt-quote-title”>3Rivers wrote:</div>
    How does this work if you see someone else in trouble? Are you to assume whether they can or cannot retreat? Are you not able to help them with your unit?

    I am pulling out my phone not my gun in this situation.

    That’s what 911 is for.

    Agreed also.

    To clarify, my earlier comment was to basically state that I don’t foresee many instances where I’d be willing to use my CC in a situation that didn’t involve protecting my family. The laws don’t do enough to protect Good Samaritans and current politicians are about as anti-CC as they could ever be. I’d rot in a jail cell for my family if it meant protecting them from a life changing threat anywhere…but a stranger is a whole different ballgame knowing what the world is like today

    gimruis
    Plymouth, MN
    Posts: 17246
    #2283713

    <div class=”d4p-bbt-quote-title”>Norsky wrote:</div>
    It’s all just one more step towards eliminating the ability to use a gun. Just wait until Kamala takes office, Minnesota will be the new California. There will be many new laws that will make you extremely nervous about owning a gun. We could slide down a slippery slope in that regards.

    What does Kamala being in office have to do with our state laws? She can’t decide state law so this argument makes no sense.

    Pure fear mongering. We all kept our weapons and the right to bear arms when Barack, Joe, and every other Democrat was in office and if Harris is next, that will not change either.

    The only thing it might do is make a few people hoard ammo.

    suzuki
    Woodbury, Mn
    Posts: 18602
    #2283722

    Some of you watch too much tv.

    Matt Moen
    South Minneapolis
    Posts: 4235
    #2283724

    Some of you watch too much tv.

    Says the guy who referenced Gunsmoke. SMH.

    OG Net_Man
    Posts: 592
    #2283731

    <div class=”d4p-bbt-quote-title”>Riverrat wrote:</div>
    But yeah that was the incident that I thought had killed the Castle Law here in MN.

    Another detail was that the 2nd person was shot under the chin after he dragged them to another room. Despite him trying to use it as his defense it was never about castle doctrine, it was about him executing people who were no longer a threat.

    I believe they also had audio with the home owner stating “you are not leaving here alive”. This statement was after the first shot/hit and the finishing/kill shot of one of the deceased.

    big_g
    Isle, MN
    Posts: 22418
    #2283854

    Simply, if someone pulls a gun or knife on you, turn to leave and show them your back, so they can either shoot or stab you in it. Do not face them… retreat so your either dead or on the right side of the law. coffee

    JEREMY
    BP
    Posts: 3866
    #2283859

    Says the guy who referenced Gunsmoke.

    Think it was actually Wyatt Earp in Tombstone.

    ajw
    Posts: 519
    #2283873

    Pure fear mongering. We all kept our weapons and the right to bear arms when Barack, Joe, and every other Democrat was in office and if Harris is next, that will not change either.

    The only thing it might do is make a few people hoard ammo.
    [/quote]

    I mean when they say that’s their goal out loud is it really fear mongering? Legal battles have kept it mostly in check but to have the attitude “it won’t happen here” is naive

    gimruis
    Plymouth, MN
    Posts: 17246
    #2284068

    I mean when they say that’s their goal out loud is it really fear mongering? Legal battles have kept it mostly in check but to have the attitude “it won’t happen here” is naive

    Legal battles will continue to keep that in check because its the second ammendment.

    I’m not worried about a single politician coming to my house and taking my firearms or my ammo. They’re all legally purchased and registered in my name. Any red flag law needs proof to a judge to be implemented.

    I’ve got bigger problems to worry about on a daily basis.

    Joe Jarl
    SW Wright County
    Posts: 1920
    #2284071

    <div class=”d4p-bbt-quote-title”>ajw wrote:</div>
    I mean when they say that’s their goal out loud is it really fear mongering? Legal battles have kept it mostly in check but to have the attitude “it won’t happen here” is naive

    Legal battles will continue to keep that in check because its the second ammendment.

    I’m not worried about a single politician coming to my house and taking my firearms or my ammo. They’re all legally purchased and registered in my name. Any red flag law needs proof to a judge to be implemented.

    I’ve got bigger problems to worry about on a daily basis.

    They were very close to passing a couple new laws in MN this past session that I would not have enjoyed. All you have to do is look at a few other states to know that our 2A rights are constantly under attack and not quite as solid as you’d like to think. A shift in the supreme court could change everything.

    fishthumper
    Sartell, MN.
    Posts: 11897
    #2284077

    To clarify, my earlier comment was to basically state that I don’t foresee many instances where I’d be willing to use my CC in a situation that didn’t involve protecting my family. The laws don’t do enough to protect Good Samaritans and current politicians are about as anti-CC as they could ever be. I’d rot in a jail cell for my family if it meant protecting them from a life changing threat anywhere…but a stranger is a whole different ballgame knowing what the world is like today

    I hope if your family is ever in need of help to protect them that you are either there to do so or that someone who thinks a little different than you do are. Don’t get me wrong, I fully understand what you are saying. I’m just not sure if I was in a situation like that and knew I could have done something to help that I could simply walk away without doing so. Just hope I never have to find out.

    Jimmy Jones
    Posts: 2789
    #2284084

    Since all this CC garbola started up years ago, hopw many of all you holders have actually been in a situation where you needed the pistola to protect yourself? If you think you need the cc, follow the rules. It’s really simple.

    Bearcat89
    North branch, mn
    Posts: 20228
    #2284087

    Since all this CC garbola started up years ago, hopw many of all you holders have actually been in a situation where you needed the pistola to protect yourself? If you think you need the cc, follow the rules. It’s really simple.

    Never and I hope it stays that way. Doing the job I do I find myself in sketchy areas often and work lots of night work in unfriendly places. I carry everyday in hopes to never ever even consider drawing it. So far so good. My co worker was robbed by are shop in Camden some time back, scary stuff. But I’d give up my wallet before pulling a gun.

    crawdaddy
    St. Paul MN
    Posts: 1572
    #2284089

    My buddy took the class and he said even in a home invasion in MN they were told to retreat(if possible) to the farthest room in the house before considering drawing and popping off rounds.

    monticatgeek
    Monticello, MN
    Posts: 198
    #2284118

    I would like people’s opinion and feedback on this. If pulling your firearm would possibly get you convicted of 2nd degree felony assault or more if they could prove that you didn’t try to retreat first then wouldn’t the solution be that permit holders just start to open carry since that is legal under your carry permit and open carrying is not considered brandishing (believe there was cases that dealt with this issue in the past but just don’t remember the specifics of them). Could open carrying be a deterrent or would that open you up to be the first target of the criminal. To me it could go either way. the one thing thou is if people were to start to open carry more, they need to be smart about it and use a minimum of a level 2 retention holster but preferably a level 3 holster. my other question is that would the criminal that pulls a weapon on you be charged with 2nd degree felony assault for causing you to have fear of death or great bodily harm if you didn’t defend you self and you were able to retreat and get away from the criminal without having to pull your firearm. another thing to think about is are we getting to the point where we all need to start to wear and use body cams to prove that we had no means to retreat first.

    monticatgeek
    Monticello, MN
    Posts: 198
    #2284119

    Since all this CC garbola started up years ago, hopw many of all you holders have actually been in a situation where you needed the pistola to protect yourself? If you think you need the cc, follow the rules. It’s really simple.

    me personally I have had three times that I could have pulled mine if things went bad. first time was one night in a grocery store parking lot when I see two guys acting strange and they started to walk towards me and my wife at the time (now ex-wife) second was when a drunk guy walked up a little too close to me while I was at the atm one night was able to use words to get him to back away. the third time was one night coming out of a Walmart (back when they were still 24-hour stores) and 4 guys in a group were acting strange and one of them started to bark at me like a dog when I walked wide to one side around them to avoid them.

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