Use of Force

a) Reasonable Force also known as legal force, is the appropriate amount of force necessary for a person to protect himself or another person from harm. Appropriate force should not exceed the amount of force necessary in a given situation as determined by a reasonable and objective observer. Reasonable force, up to and including lethal force, can be used as a defense in court.

 

b) Know when to use your firearm

1- A criminal adversary must have or reasonably appear to have

          • Ability to inflict serious bodily injury.
          • Opportunity to inflict serious bodily injury.
          • Intent indicated that the adversary means to place you in jeopardy of death or serious bodily injury.

      c) Legal use of force in MN

      1) Four criteria must ALWAYS be met to be justified in the use of lethal force.

              • You must reasonably be in immediate fear of
                great bodily harm or death to yourself or
                another.MN Statute 609.02 Subd. 8. “Great bodily harm” means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of  the function of any bodily member or organ or other serious bodily harm.
              • You must be a reluctant participant.
              • You must have no reasonable means of retreat.
              • No lesser force would suffice, lethal force was a last resort.
              • You may threaten or use lethal force on behalf of another, without their permission, as long as you know all four conditions are present the entire time you are threatening or using lethal force. Be very careful with this one.

      d) Castle Doctrine vs Stand your Ground

            • Castle Doctrine = A legal doctrine that allows a person to use deadly force in protecting his/or home and inhabitants from an attack by someone intending to inflict serious bodily harm.
            • Stand your ground = A person facing a violent attack, in fear of serious bodily injury or being killed, may use any amount of  force necessary to defend himself even if deadly force is needed. The purpose of stand your ground laws is to protect people from criminal prosecution for using force in self-defense.
            •  MN is a Castle Doctrine state. 
            • You cannot defend personal property. 
            •  Your car and pets are personal property.
            •  You are not required to retreat from your home.
            • Domicile: A dwelling place, place of residence, home and a person’s fixed, permanent, and principle home for legal purposes. (This includes your garage if it’s attached with entry to the home.
            • Examples of felony acts include: breaking and entering, burglary, robbery, kidnapping, rape, arson, and murder.
            • Things to consider in protecting your home: know the layout of your home and what your firearms are capable of penetrating when it comes to interior walls. If you need to clear your home, search every inch even if you think someone couldn’t possibly hide there. Sometimes your best option is to lock you and your family in one room in a good defensive position. Call 911 and wait.

      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.

      Following a Shooting

      • You are required by law to call 911, summoning police AND medical assistance for anyone injured  including the attacker.
      • Give the location details to the best of your ability
      • Keep in mind the call is recorded and you may not be in a rational state of mind. If the scene is safe holster your firearm before the police arrive.
      • It is acceptable to leave the scene if it is unsafe, as long as you report the incident to 911 immediately.
      • When police arrive move slowly, communicate what you are doing and follow their commands.
      • Law enforcement will likely not know who the victim  is upon arriving at the scene.
      • Briefly explain the circumstances: “I was attacked, feared for my life and had to defend myself. I will make a full and complete statement after I talk to  my attorney. Until then I will remain silent.”
      • During a lethal conflict you may experience: Adrenaline dump, vascular constriction, hearing loss,  tunnel vision, increased body strength, time expansion, rational thought becomes difficult, critical stress amnesia occurs, and increased ability to endure pain.

      You, the victim, will most likely experience: Emotional trauma, PTSD, shock and shock decompression, isolation, fear, bewilderment, and you may struggle with this on a deep spiritual level. 

      609.205 MANSLAUGHTER IN THE SECOND DEGREE.

      A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:
      (1)by the person’s culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another; or
      (2) by shooting another with a firearm or other dangerous weapon as a result of negligently believing the other to be a deer or other animal; or
      (3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous  weapon or device; or
      (4) by negligently or intentionally permitting any animal, known by the person to have vicious propensities or to have caused great or substantial bodily harm in the past, to run uncontrolled off the owner’s premises, or negligently failing to keep it properly confined; or
      (5) by committing or attempting to commit a violation of section 609.378 (neglect or endangerment of a child), and murder in the first, second, or third degree is not committed thereby.
      If proven by a preponderance of the evidence, it shall be an affirmative defense to criminal liability under clause (4) that the victim provoked the animal to cause the victim’s death.

      Criminal and Civil Charges

      • The state will decide whether you will be charged or not.
      • Attorneys are very expensive. USCCA is one company that provides carry insurance.
      • Have an attorney programmed into your phone.

        Drinking and Carrying

        • DON’T
        • It is a crime to carry a firearm with a blood alcohol  content of .04 or higher.
        • BAC between .04 and .10 permit is suspended for 180 days.
        • BAC greater than .10 permit is revoked. You may not re-apply for one year.
        • Refusal to test (blood/urine) permit revoked for one year and a $500 fine.

          Transporting and Traveling

          • Anyone may transport firearms if they can legally possess them.
          • To transport, the firearm must be secured in a case designed to secure a firearm.
          • Any other version is considered carrying, which requires a permit.
          • MN Statute 97B.045 Transporting Firearms
            Subdivision 1.Restrictions.
            A person may not transport a firearm in a motor vehicle unless the firearm
            is:
            (1) unloaded and in a gun case expressly made to contain a firearm, and the
            (2) unloaded and in the closed trunk of a motor vehicle; or
            (3) a handgun carried in compliance with sections 624.714 and 624.715.

             

          • Under federal law, an individual who is not otherwise prohibited from possessing a firearm is allowed to transport firearms for lawful purposes through jurisdictions whose local firearm and ammunition being transported must be carried so that they are not readily accessible to the driver and passengers and the firearm must be either:
            1. Unloaded and within the trunk or rearmost compartment of the vehicle; or
            2. if the vehicle has no trunk, unloaded and within a locked container other than the glove compartment or console, not readily accessible from the driver’s seat.
            3. This federal law appears to allow for the necessary travel stops, such as gasoline and rest stops.
          •  The TSA requires the weapon be unloaded and secured  in a hard sided, lockable container.
          •  The ammunition must be stored with the firearm, preferably in the manufacture’s box.
          • The firearm must be checked in with TSA and will be secured on the aircraft where oversized luggage is stored.

          Prohibited from Carry

          • School property K-12 including the grounds
          • School buses in the presence of children
          • Licensed child care centers
          • Secure areas of an airport
          • State correctional facilities & state hospitals including the grounds
          • Federal buildings such as court rooms or post offices including the grounds
          • State or county court rooms
          • Indian Reservations

          *DNR rules and regulations supersede your permit to carry. You must follow all game and fish rules and regulations while hunting or fishing.

            Banned from Carry

            • A facility that bans guns must post an 11” x 17” sign with the name of the business in quotations, banning guns on these premises.
            • To be valid, an employee must give you personal and verbal notification of the sign and demand compliance.
            • If non-compliance is your only offense, law enforcement could issue you a disorderly conduct citation. This is a civil offense with a maximum penalty of $300.

            Requirements for getting Permit to Carry

            • Must be 21 years of age
            • Must complete application form
            • Must not be prohibited from possessing a firearm under MN Statute 624.714
            • Must not be listed in the criminal gang investigation system
            • Must be a resident of the county from which you are requesting a permit, if you reside in MN. Non-residents may apply to any MN County sheriff. Must provide certificate of completed authorized firearms training. Training by a certified instructor must be completed within one year of an original or renewal application. (624.712, Subd. 2a)
            • MN is a shall issue state. If you meet the requirements of the state, your application cannot be denied.
            • If your application is denied you have 60 days to notify the county in writing to appeal the decision. 

            Carry Permit Renewal

            • You may attend a renewal course 12 months prior to the expiration of your permit.
            • You may renew your permit with the sheriff in the county you live 30 to 90 days prior to its expiration.
            • You have a 30-day grace period to renew your permit after its expiration date.
            • You may not carry after the expiration date on the permit.
            • If you move, you must notify the issuing county sheriff’s department of your new address within 30 days.

            Void Permits

            • If you know or should know that you have become ineligible to possess a firearm, the permit becomes void.
            • If you become ineligible to possess, you must surrender your permit to the county sheriff’s department.
            • If the sheriff’s department has knowledge that your permit has become void, it will provide written notice, requiring surrender.
            • You have the right to appeal within 60 days.