Minnesota Supreme Court Rules That Threatened Person Must Retreat Before Brandishing a Weapon

Published on August 2, 2024

The Minnesota Supreme Court ruled in a split decision that a person who is being attacked or threatened must retreat if “reasonably possible” instead of brandishing a weapon. The court upheld two second-degree convictions of assault with a deadly weapon against a man who was armed with a machete who alleged that he was threated by another man with a knife at a light rail station in Minneapolis in 2021. A 4–2 decision, issued Wednesday by the state’s high court, said that Minnesota law stipulates that there is a “duty to retreat” when reasonably possible before using deadly force. That applies when the person faces bodily harm, the judges ruled....