MN Castle Doctrine Help

T

Tabsr

New member
We have a Castle Doctrine bill pending in MN. I have been writing the Pols for support. Read below the answer from a State Rep and his position. Need a good response to send him. Send suggestions.

Hi, Thomas. I am not an expert on gun law, but I understand that responsible gun owners would like to be immune from prosecution if they are legitimately defending themselves, especially at home. I guess I don't have a comfort level yet with how this would work--obviously if a guy breaks in your house and you shoot him when kids are around he should not be able to sue you. But how one interprets what is defensive vs. offensive gets kind of fuzzy especially when one is away from home. I am sure you are comfortable around firearms so this issue may seem like a no-brainer, but for most people in our district the feedback I am getting is apprehension about people being more aggressive with guns. One of my supporters is a firearms instructor and he's taken me out to a shooting range so I can better understand the issue, but I'd like to have some of my legislative colleagues who are attorneys or specialists on the issue to explain all the legalities to me in more detail.

Perhaps you could share with me your thoughts behind your position to support the bill. I would appreciate hearing your perspective. (Although I gotta turn off the computer right now for the night.)

Rep. Paul Gardner
Minnesota House of Representatives District 53A
(651) 296-2907
rep.paul.gardner@house.mn
Paul Gardner (DFL) 53A - Minnesota House of Representatives
blog: Paul Gardner, State Representative (District 53A)
Home phone constituent line: (651) 797-4317
 
Tabsr,

I don't know Minnesota's current law or the proposed changes up for consideration. Is this "Castle Doctrine" law aimed at modifying self-defense in the home? Or is it similar to Florida's "stand your ground" law that permits you to defend yourself without retreating anywhere? Does the proposal include civil immunity too?

Check your state's statutes to see if the duty to retreat exists and if the law says you must retreat if possible to do so safely. Without this key phrase, you must retreat even if it puts you at higher risk or would reveal your presence and possibly invite an attack. Most states do include such language.

The Castle Doctrine removes any ambigious interpretations that prosecutors can make with regard to your actions to avoid a confrontation. It also gives notice to would-be burglars, rapists and other criminals that it is the resident or homeowner who has the support of the law.
 
MN Castle Bill Vote

Attached copy of the bill being considered in MN, but the Dem politicians are against it. See my first post. I need to answer him.
 

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