What Are Minnesota's Laws on Self Defense?

History

The right to life is one of the basic human rights, included in the wording of the Declaration of Independence itself. The idea was considered "self-evident" by the men who gathered in Independence Hall in 1776, who also considered the defense of those rights important. Although they may have had loftier ideals in mind, those principles apply to the concept of self-defense. While the general concept probably existed in some form early in history, Minnesota formerly incorporated self-defense into their legal code in1963.

Chapter 753, Article 1, Statute 609.065 of the Minnesota statutes states the terms of Minnesota's self-defense laws. It is included in the same section as other laws regarding crime and punishment in Minnesota. The law states: "The intentional taking of the life of another is not authorized [...] 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." It has been included in Minnesota's laws without change since it was first written.

The primary goal of Minnesota's self-defense law is straightforward: a person should not be punished for harming or killing another person if it occurs in self-preservation. This is also the only time where it is allowable under the law. The law restricts the circumstances under which it is legally justifiable to kill someone else in the name of self-preservation. It does not limit those circumstances to imminent death, however, stating that the threat of severe bodily harm, or a felony being committed inside a person's house, may also provide justification for using lethal force in self-defense. Self-defense is also extended to defense of others as well.

As with other laws and regulations listed in Minnesota's criminal code, self-defense is open to interpretation. The inclusion of the word "reasonably" is meant to limit the circumstances where it's considered legally permissible to take the life of another human being. This makes self-defense an affirmative defense, which is left up to the criminal defendant (or his legal representative) to raise on his own behalf at trial. The issue of whether the use of deadly force was "reasonable" under the law is then left to a jury or judge to decide.

In a law related to self-defense, Minnesota also allows its citizens to carry concealed weapons. In 2003 the Minnesota legislature passed a law allowing people to obtain a permit to carry and conceal a weapon, specifically a firearm, in the interest of self-defense. The law was controversial, but passed with provisions that limited which people were allowed a permit. People convicted of violent crimes, for example, where banned from getting such a permit. This law was known as the Minnesota Citizens' Personal Protection Act.