The Law
In Minnesota you must meet four criteria to be legally justified in using Lethal Force
1. You must reasonably be in immediate fear of great bodily harm or death to yourself or another.
2. You must be a reluctant participant.
3. You must have no reasonable means of retreat.
4. No lesser force would suffice, lethal force was a last resort
1. Reasonably be in immediate fear of great bodily harm or death (GBHD for short)
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The threat must be immediate. The attacker must have the immediate means and
How do you know if you are in immediate fear of great bodily harm or death?
I look at three things: means, proximity and intent.
Means
Proximity
- Your attacker must have the proximity to use whatever “means” he/she has. Shooting someone armed with a knife at 25 yards away, is going to be pretty difficult to explain in court, however that same person with a gun and the story may be different.
Intent
- Someone having the means and proximity to cause you GBHD is not enough. That person must also show intent to immediately do you GBHD. A man holding a gun in a parking lot who has shown no intent to do anyone harm can not be legally shot because you were afraid.
2. You must be a reluctant participant
3. You must have no reasonable means of retreat
retreat.
4. No lesser force would suffice; lethal force was a last resort
IF IT IS NOT WORTH DYING OVER IT IS NOT WORTH KILLING OVER.