Lesson 6.5: When Force Is Not Justified

Purpose of This Lesson

Minnesota law does not give permit holders permission to use force whenever they feel threatened, angry, embarrassed, or disrespected.

This lesson explains the hard limits.

Force Must Have a Lawful Reason

Reasonable force and deadly force are not the same thing.

Minnesota Statute 609.06 addresses authorized reasonable force. Minnesota Statute 609.065 addresses the intentional taking of life.

A situation may justify some level of reasonable force without justifying deadly force. An argument, insult, shove, trespass, or threat does not automatically create legal authority to use a firearm.

Force Is Not Authorized for Bias or Discovery

Minnesota Statute 609.06, subdivision 4, states that force may not be used against another person based on discovery, knowledge, or possible disclosure of the victim’s actual or perceived sexual orientation, gender identity, or gender expression.

The practical rule is simple: force is never justified because of who someone is, what you learn about them, or what they may disclose.

Davey Defense Standard

At Davey Defense, carrying a pistol does not give you permission to create trouble, chase trouble, or act tougher than the law allows.

Avoid the fight when you can. Leave when you can.

If force is used, the facts must support 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. Minnesota Statute 624.714, Carrying of Weapons Without Permit, Penalties
5. Minnesota DPS/BCA Firearms Training Instructor Certification Requirements