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.
The decision came in Minnesota v. Blevins, with Justice Margaret Chutich writing the majority opinion.
Chutich wrote:
…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.
In Blevins, the Minnesota Supreme Court decided against Blevins, finding that the opportunity to retreat was available to him.
Justice Paul Thissen dissented, writing, in part:
The court holds that a person under attack must always find and exercise a reasonable opportunity to retreat before threatening force with certain weapons (but apparently not others) 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.
The National Conference of State Legislatures noted that there is no duty to retreat in at least 28 states and Puerto Rico, as long as the would-be victim is “lawfully” in the place wherein he is attacked.
AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio, a member of Gun Owners of America, and the director of global marketing for Lone Star Hunts. He was a Visiting Fellow at the Russell Kirk Center for Cultural Renewal in 2010 and has a Ph.D. in Military History. Follow him on Instagram: @awr_hawkins. You can sign up to get Down Range at breitbart.com/downrange. Reach him directly at awrhawkins@breitbart.com.
