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On July 31, 2024, the Minnesota Supreme Court handed down a decision in which they made clear that state residents under attack must make an attempt to retreat, when possible, before pulling a gun or other weapon in self-defense.
…We hold that a person claiming self-defense has a duty to retreat when reasonably possible before committing the felony offense of second-degree assault-fear with a dangerous weapon, specifically, a device designed as a weapon and capable of producing death or great bodily harm. The case revolved around Earley Romero Blevins’ pulling out a machete to defend himself in 2021 after a man allegedly pulled a knife on him.
, the Minnesota Supreme Court decided against Blevins, finding that the opportunity to retreat was available to him.The court holds that a person under attack must always find and exercise a reasonable opportunity to retreat before threatening force with certain weapons to deter the attacker. Not only is the court’s decision divorced from the statutory text and unprecedented in the United States; it also flies in the face of human nature.
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