Friends and neighbors,

Every Minnesotan should be outraged by a recent Minnesota Supreme Court Case that alters the legal protections a victim has in a self-defense encounter.   

The decision in State of Minnesota vs. Blevins increases your duty to retreat in these situations, requiring that victims must use every opportunity to retreat before even brandishing a weapon. If you don’t, you could be guilty of 2nd degree assault.   

The ruling doesn’t just apply to gun owners. It applies to anyone who may at some point need to show any weapon to scare away an attacker.  

There are several problems with this decision. One is, there is no definition of “brandishing” a weapon in Minnesota Law. Is it waving it around in the air like the defendant in Blevins did with his machete? Or is it simply showing someone you have a weapon?   

It is commonly understood that doing so could serve as a deterrent to an attacker, as Justice Paul Thissen pointed out in his dissent. Could open carry be considered “brandishing” in some circumstances? And what about the opportunities for retreat? They may look different to the victim, to witnesses, to a police officer after the fact, to jurors, or a judge.   

We simply won’t know how this ruling will play out unless a case comes to trial where the court will decide how far the Blevins ruling goes or the legislature defines brandishing and clearly states that it is not a crime when used in self-defense. I will be studying options for legislation to ensure that no innocent victim could be charged with a crime while trying to defend themselves due to this ruling.  

It’s important to note that the Blevins ruling does not apply to self-defense in your home. It applies to situations where you are in public and there is a threat to you or someone else.   

As always, if you have any questions, please contact me any time at sen.steve.drazkowski@mnsenate.gov. It is a privilege to serve you. 

Steve Drazkowski