O.K., the latest debate around the water-cooler at work is…in Minnesota, if someone has broken into your home or is in the process of doing so, do you legally have the right to shoot them? Do they actually have to pose bodily harm, or is just coming in through a window grounds enough? Hope to hear from some experts out there! 
Does anyone really want to kill another human? I hope not. But with that said, if someone came into my future home (rent apartment now) and endangered the lives of my family, I think that person is going to be carried out. I’m not sure that i could live with myself if something happened to my family and i did nothing.
I sure hope that i’m never put in that spot.
Does anyone really want to kill another human? I hope not. But with that said, if someone came into my future home (rent apartment now) and endangered the lives of my family, I think that person is going to be carried out. I’m not sure that i could live with myself if something happened to my family and i did nothing.
I sure hope that i’m never put in that spot.
No, nobody wants to kill anyone, we were just discussing the legality of it in this type of circumstances. So before anyone goes reporting me to the F.B.I., breakroom talk is all it is……O.K.? 
No, nobody wants to kill anyone, we were just discussing the legality of it in this type of circumstances. So before anyone goes reporting me to the F.B.I., breakroom talk is all it is……O.K.?
nobody, no matter what the situation, needs to break into my house to get my attention. try the doorbell, if not knock.. if your caught crawling through my window, and the dogs dont get you first, youll be leaving in a body bag, and ill be answering to the authorities that i was afraid for my life, my childrens life and my wife, my personal safety and the safety of others was at risk and i wouldnt hestitate to shoot first ask questions later..good question though.. ask yourself if in that situation.. could you really pull the trigger?? i think ive made my answer pretty clear! good luck!!
nobody, no matter what the situation, needs to break into my house to get my attention. try the doorbell, if not knock.. if your caught crawling through my window, and the dogs dont get you first, youll be leaving in a body bag, and ill be answering to the authorities that i was afraid for my life, my childrens life and my wife, my personal safety and the safety of others was at risk and i wouldnt hestitate to shoot first ask questions later..good question though.. ask yourself if in that situation.. could you really pull the trigger?? i think ive made my answer pretty clear! good luck!!
Quote:
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.
HIST: 1963 c 753 art 1 s 609.065; 1978 c 736 s 1; 1986 c 444
There are so many veriables…criminal, civil and moral….there’s not an easy answer…but then you were looking for expert advise…which I have none.
Lord help the person breaking in to my house, help my family and help me…if that ever happens. We will all need it.
Quote:
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.
HIST: 1963 c 753 art 1 s 609.065; 1978 c 736 s 1; 1986 c 444
There are so many veriables…criminal, civil and moral….there’s not an easy answer…but then you were looking for expert advise…which I have none.
Lord help the person breaking in to my house, help my family and help me…if that ever happens. We will all need it.
I know that law how it is stated could be twisted around in many ways.. but I think its pretty well written if you dont try to think of the variables.
I read it as.. only shoot someone if you have to for your own safety… or there is no other choice reasonable without risking your own safety, or life.
Would I pull the trigger if someone came through the window? Without hesitation if I feel my, or my families life is endangered. I have been robbed a few times over time, with one of those times standing inside a friends house in a decent area. I was on the phone and turned around to 2 pistols pointed at my face.
After that, its really hard not to justify pulling the trigger if someone breaks into my home. If the intruder wants to give up when immediately made aware of my presence and under gunpoint, or try to make a retreat back out the way they came as long as it doesnt cross my path, or jeopardize my safety… I would rather see them go than have to clean up the mess later and go through the legal red tape. For the burglars sake.. I hope they would make the wise desision just to give up when they realize a gun is pointed at them. If they have any type of weapon, pry bar, screwdriver.. anything.. they dont have a chance if they even breath wrong, and I’m a hell of a good shot.
I really dont want to shoot some 16 year old kid breaking into my house.. non of us do. At the same time, I’m not going to leave my family open for harm if its in any way avoidable.
I know that law how it is stated could be twisted around in many ways.. but I think its pretty well written if you dont try to think of the variables.
I read it as.. only shoot someone if you have to for your own safety… or there is no other choice reasonable without risking your own safety, or life.
Would I pull the trigger if someone came through the window? Without hesitation if I feel my, or my families life is endangered. I have been robbed a few times over time, with one of those times standing inside a friends house in a decent area. I was on the phone and turned around to 2 pistols pointed at my face.
After that, its really hard not to justify pulling the trigger if someone breaks into my home. If the intruder wants to give up when immediately made aware of my presence and under gunpoint, or try to make a retreat back out the way they came as long as it doesnt cross my path, or jeopardize my safety… I would rather see them go than have to clean up the mess later and go through the legal red tape. For the burglars sake.. I hope they would make the wise desision just to give up when they realize a gun is pointed at them. If they have any type of weapon, pry bar, screwdriver.. anything.. they dont have a chance if they even breath wrong, and I’m a hell of a good shot.
I really dont want to shoot some 16 year old kid breaking into my house.. non of us do. At the same time, I’m not going to leave my family open for harm if its in any way avoidable.
No in your place of residence you do not have to retreat. That is the only time you don’t have to go the other direction..
No in your place of residence you do not have to retreat. That is the only time you don’t have to go the other direction..
Thanks for the replies, guys. According to the statute it looks like it would be legal….but then it’s written with the all too familiar wishy-washyness of most laws. I just pray I never have to worry about it.
Thanks for the replies, guys. According to the statute it looks like it would be legal….but then it’s written with the all too familiar wishy-washyness of most laws. I just pray I never have to worry about it.
There is really no clear answer to that question. Or, depending on who you ask, you will get different answers.
I asked that specific question of a Ramsey County Sheriff deputy. If this shooting occurred in Ramsey county (St. Paul where I live) here is the likely process.
You will be arrested for manslaughter and run through the system. Meaning you will be taken to jail, fingerprinted, photographed and so on. After that, you may simply be released and not charged or held until an initial investigation is completed. You may be charged and held until bail is set.
It’s important to know this. Don’t do anything stupid. Comply with all of the orders and exercise your right to remain silent and have an attorney present for any questioning. Your wife or other family members should also so the same. Don’t answer any question that can’t be answered by a simple yes/no. What the police will try to do is get a story from each person/witness at the scene. When/if stories don’t match up, that gives them cause to charge the case.
What happened from there largely depends on things like: Who you shot. Was it the rich neighbors white kid, or a scumbag crack head who go off the bus at the wrong stop. Who is the Sheriff, Police chief, prosecuting attorney in your town. What are their political views on gun ownership. Did you blast him one time or unload the clip into his back side.
The next problem you have is clean up. You will likely have to hire a bio-hazard clean up crew. That alone could be $10,000 or more.
Next, whether you are charged or not, you will be sued by the relatives of the person you shot. You will need to defend yourself in civil court. More $$$$
You or your family will probably no longer feel safe in that home, so time to move to a new house. More $$$$
So, no clear cut answer but you can see the can of worms you open up…..
Quote:
in Minnesota, if someone has broken into your home or is in the process of doing so, do you legally have the right to shoot them? Do they actually have to pose bodily harm, or is just coming in through a window grounds enough?
Those are questions that would come up at trial. Let hope your case does not get that far. Remeber. Right or Wrong, there is a jury of 12 peers that get to snswer that question. I say better judged by 12 than carried by 6.
Good Luck!
-J.
There is really no clear answer to that question. Or, depending on who you ask, you will get different answers.
I asked that specific question of a Ramsey County Sheriff deputy. If this shooting occurred in Ramsey county (St. Paul where I live) here is the likely process.
You will be arrested for manslaughter and run through the system. Meaning you will be taken to jail, fingerprinted, photographed and so on. After that, you may simply be released and not charged or held until an initial investigation is completed. You may be charged and held until bail is set.
It’s important to know this. Don’t do anything stupid. Comply with all of the orders and exercise your right to remain silent and have an attorney present for any questioning. Your wife or other family members should also so the same. Don’t answer any question that can’t be answered by a simple yes/no. What the police will try to do is get a story from each person/witness at the scene. When/if stories don’t match up, that gives them cause to charge the case.
What happened from there largely depends on things like: Who you shot. Was it the rich neighbors white kid, or a scumbag crack head who go off the bus at the wrong stop. Who is the Sheriff, Police chief, prosecuting attorney in your town. What are their political views on gun ownership. Did you blast him one time or unload the clip into his back side.
The next problem you have is clean up. You will likely have to hire a bio-hazard clean up crew. That alone could be $10,000 or more.
Next, whether you are charged or not, you will be sued by the relatives of the person you shot. You will need to defend yourself in civil court. More $$$$
You or your family will probably no longer feel safe in that home, so time to move to a new house. More $$$$
So, no clear cut answer but you can see the can of worms you open up…..
Quote:
in Minnesota, if someone has broken into your home or is in the process of doing so, do you legally have the right to shoot them? Do they actually have to pose bodily harm, or is just coming in through a window grounds enough?
Those are questions that would come up at trial. Let hope your case does not get that far. Remeber. Right or Wrong, there is a jury of 12 peers that get to snswer that question. I say better judged by 12 than carried by 6.
Good Luck!
-J.
Great post Jon 
Ron
Great post Jon
Ron
What slider said.
What slider said.
JUST LOOKIN THROUGH THIS NOT SURE IF ITS STILL ACTIVE.
MN DOES NOT AS OF YET HAVE A CASTLE DOCTRINE. SO NO YOU CANT SHOOT SOMEONE JUST BECAUSE THEY BROKE INTO YOUR HOUSE, OR ARE STEALING SOMETHING. YOU STILL HAVE THE REQUIREMENT TO RETREAT IN THE HOME, BUT NOT OUT OF THE HOME…IE. YOU CANT STAND AT THE FRONT DOOR AND WAIT FOR THEM TO COME IN, YOU HAVE TO RETREAT TO THE FURTHEST PART OF THE HOUSE USUALLY THE MASTER BEDROOM.
THAT BEING SAID IF AT ANY POINT IN TIME YOU RESONABLY BELIEVE THAT YOU ARE IN IMMINENT DANGER OF DEATH OR GREAT BODILY HARM , YOU HAVE THE RIGHT OF SELF DEFENSE.
AS THE STATUTE READS YOU CAN USE LEATHAL FORCE TO STOP THE COMMISION OF A FELONY IN YOUR ABODE. CASE LAW HAS NARROWED THIS DOWN TO A VIOLENT FELONY. THE LAST I HEARD THEY ARE TRYING TO PUT THROUGH LEGISLATION THAT WILL ALLOW THE CASTLE DOCTRINE IN MN.
HOPE THIS HELPS
CLAY
JUST LOOKIN THROUGH THIS NOT SURE IF ITS STILL ACTIVE.
MN DOES NOT AS OF YET HAVE A CASTLE DOCTRINE. SO NO YOU CANT SHOOT SOMEONE JUST BECAUSE THEY BROKE INTO YOUR HOUSE, OR ARE STEALING SOMETHING. YOU STILL HAVE THE REQUIREMENT TO RETREAT IN THE HOME, BUT NOT OUT OF THE HOME…IE. YOU CANT STAND AT THE FRONT DOOR AND WAIT FOR THEM TO COME IN, YOU HAVE TO RETREAT TO THE FURTHEST PART OF THE HOUSE USUALLY THE MASTER BEDROOM.
THAT BEING SAID IF AT ANY POINT IN TIME YOU RESONABLY BELIEVE THAT YOU ARE IN IMMINENT DANGER OF DEATH OR GREAT BODILY HARM , YOU HAVE THE RIGHT OF SELF DEFENSE.
AS THE STATUTE READS YOU CAN USE LEATHAL FORCE TO STOP THE COMMISION OF A FELONY IN YOUR ABODE. CASE LAW HAS NARROWED THIS DOWN TO A VIOLENT FELONY. THE LAST I HEARD THEY ARE TRYING TO PUT THROUGH LEGISLATION THAT WILL ALLOW THE CASTLE DOCTRINE IN MN.
HOPE THIS HELPS
CLAY
I almost hate to do this to you Clay…but I’m betting that many of us (like me) don’t really understand what the CASTLE DOCTRINE is…
Can you explain it in 
50 words or less?
Might want to start a new thread.
I almost hate to do this to you Clay…but I’m betting that many of us (like me) don’t really understand what the CASTLE DOCTRINE is…
Can you explain it in 50 words or less?
Might want to start a new thread.
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