Lesson 6.4: Duty to Retreat and Place of Abode

Purpose of This Lesson

Minnesota is not a stand your ground state in public places.

This lesson explains the duty to retreat when reasonably possible and the different treatment of a person’s place of abode.

Duty to Retreat

Minnesota’s duty to retreat is not written as a simple sentence inside Minnesota Statute 609.06 or Minnesota Statute 609.065. It comes from Minnesota case law interpreting self defense.

The practical rule for students is this: outside the home, if you can safely avoid the fight or safely leave, you should do so.

Minnesota courts have described the duty as the absence of a reasonable possibility of retreat to avoid the danger. Retreat matters when it is reasonably possible under the facts.

Retreat does not mean doing something stupid or unsafe. The question is whether retreat was reasonably possible. Could you leave safely? Was there a clear path? Would leaving increase danger to you or another innocent person? Were you trapped, blocked, pursued, or responsible for children or family members?

Place of Abode

Minnesota Statute 609.065 refers to preventing the commission of a felony in the person’s place of abode.

For this course, place of abode means the place where a person lives or dwells. In plain language, think home or dwelling.

It does not mean every place a person has a right to be. It does not automatically include a vehicle, workplace, yard, public place, or someone else’s property.

Home Is Treated Differently

Minnesota case law treats a person’s own home differently than public places.

The basic teaching point is simple: Minnesota law does not require the same retreat analysis inside a person’s own home that applies in public places.

That does not mean a person can act recklessly in the home. The use of force still must be lawful, reasonable, and tied to the facts.

Do Not Confuse Abode With Property

Property and abode are not the same thing.

A person may own property that is not the person’s place of abode. A yard, driveway, detached building, vehicle, business, land, campsite, or parking lot may raise different legal questions.

Do not assume that because you own it, you can use deadly force to defend it.

Davey Defense Standard

At Davey Defense, students are taught to leave when they safely can.

Outside the home, avoid the fight. Leave the area. Create distance. Call 911. Be a good witness.

Inside the home, the law is different, but judgment still matters. Lock doors. Call 911 when possible. Protect innocent life.

Use force only when Minnesota law allows it and the facts require it.

Source References

1. Minnesota Statute 609.06, Authorized Use of Force
2. Minnesota Statute 609.065, Justifiable Taking of Life
3. State v. Blevins, Minnesota Supreme Court, Duty to Retreat When Reasonably Possible
4. State v. Baird, Minnesota Supreme Court, Applying State v. Glowacki Home Retreat Rule
5. Minnesota Statute 624.714, Carrying of Weapons Without Permit, Penalties
6. Minnesota DPS/BCA Firearms Training Instructor Certification Requirements