Understanding Minnesota ‘s Stand Your Ground Law

Minnesota does not have a “Stand Your Ground” law. Instead, the state follows a “duty to retreat” principle, which requires individuals to attempt to avoid confrontation and retreat from a threat, if it is safe to do so, before using force in self-defense outside their home. This approach distinguishes Minnesota from many other states that have adopted stand-your-ground statutes.

Key Principles of Minnesota’s Self-Defense Law

Duty to Retreat

• Outside the home, a person must first attempt to retreat or escape a dangerous situation before resorting to force, including deadly force.
• The law requires that the opportunity to retreat must be reasonable and safe. If retreat is not possible or would increase danger, then force may be used.

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Castle Doctrine

• Minnesota does recognize the “Castle Doctrine,” which means that within one’s own home (or, in some interpretations, an occupied vehicle), there is no duty to retreat.
• A person may use deadly force to prevent the commission of a felony inside their dwelling or to protect themselves or others from unlawful entry or harm.
• The use of force must still be reasonable and proportionate to the threat. If the threat ends, the right to use force ends.

Reasonableness and Proportionality

• The force used in self-defense must be reasonable and proportionate to the threat faced.
• Deadly force is only justified if the person reasonably believes they are in imminent danger of great bodily harm or death.

Initiation of Conflict

• A person who provokes or initiates a conflict cannot claim self-defense if they then use deadly force, unless they clearly withdraw from the confrontation and communicate that withdrawal.

Recent Legislative and Judicial Developments

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Legislative Attempts to Change the Law

• There have been repeated legislative efforts to pass a stand-your-ground law in Minnesota, most recently in 2025, but these have failed to pass.
• Proposed bills aimed to remove the duty to retreat and allow individuals to use force in self-defense “regardless of whether a reasonable possibility of retreat to avoid the danger exists”.
• Supporters argue this would clarify the law and protect those acting in self-defense, while opponents warn it could escalate violence and undermine public safety.

Minnesota Supreme Court Ruling (2024)

• In July 2024, the Minnesota Supreme Court reaffirmed the duty to retreat, even in cases involving the threatened use of a deadly weapon.
• The court’s decision means that, in Minnesota, a person must look for a reasonable way to retreat before even presenting a weapon in self-defense.
• This ruling makes Minnesota unique, as it is now the only state that requires retreat before displaying a weapon in self-defense.

Civil Liability

• Even if a homicide is deemed justifiable under Minnesota’s self-defense laws, the person who used deadly force may still face civil lawsuits, such as wrongful death claims from the family of the deceased.
• In contrast, many stand-your-ground states provide immunity from civil liability in such cases.

Comparison: Stand Your Ground vs. Duty to Retreat

Minnesota’s self-defense laws are defined by a duty to retreat outside the home and a Castle Doctrine within the home. The use of force, especially deadly force, is tightly regulated and must be both reasonable and proportionate to the threat.

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Despite ongoing legislative debates, Minnesota remains a duty-to-retreat state, with recent court decisions reinforcing this standard. Individuals who use force in self-defense may still face civil liability, even if their actions are found to be legally justified.

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