Bill rolling back ‘duty to retreat’ before using force fails to pass Minnesota House

Legislation that would have allowed individuals to use force against an attacker without first trying to retreat failed to pass the Minnesota House on Thursday.

The legislation, commonly known as a “stand your ground” law, would repeal the state’s longstanding policy that someone who is threatened with possible bodily harm must try to retreat before using force against an aggressor.

Stand your ground laws are widely criticized by gun violence prevention advocates who cite research that shows states with stand your ground policies have higher rates of homicide.

Susie Kaufman, chapter leader for Minnesota Moms Demand Action, said at a news conference ahead of the expected vote that the legislation promotes “dangerous vigilantism.”

“They allow people to shoot first and ask questions later,” Kaufman said while alongside DFL lawmakers. “Our state does not need any more division, and bills like HF 13 only stoke fear and division.”

Rep. Matt Bliss, R-Pennington, who is sponsoring the legislation, disputed the idea the legislation is a “shoot first” bill in a news conference Wednesday.

“This bill simply says that a reasonable amount of force may be taken,” Bliss said.

The bill did not receive the required 68 votes to pass, failing 67-65 on a mostly party-line vote. House Majority Leader Harry Niska, R-Ramsey, switched his vote in a procedural maneuver that allows it to be tabled and reconsidered.

Bliss said he offered the legislation in response to the Minnesota Supreme Court’s ruling last year that a person facing an attack must first attempt to retreat before brandishing a deadly weapon.

The ruling arose from an altercation at a light-rail platform near U.S. Bank Stadium. Earley Romero Blevins, of Minneapolis, argued with a man and woman, and the man pulled out a knife and told Blevins to come into the platform shelter so he could “slice Blevins' throat.”

Blevins then pulled out a machete and waved it and pointed it at the other individuals while yelling. He was convicted of two counts of felony second-degree assault-fear with a dangerous weapon.

The Minnesota Supreme Court upheld the conviction. Writing the majority opinion in the 4-2 decision, Justice Margaret Chutich said individuals could not brandish a deadly weapon in an attempt to get the aggressor to back down. She dismissed the idea that a person facing an attack could “stand their ground and escalate the situation to a more dangerous point by brandishing a device designed as a weapon and capable of producing death or great bodily harm in the uncertain hope that it will cause the initial aggressor to back down.”

In a dissenting opinion, Justice Paul Thissen said the court’s ruling “flies in the face of human nature.”

“Today, the court takes the law of self-defense into uncharted waters,” Thissen wrote. “This new rule is not only unprecedented in this state—as far as I am aware, the rule has never been adopted anywhere in the United States."

Rob Doar, senior vice president of the Minnesota Gun Owners Caucus, called the decision a “vast departure” from previous self-defense law. Doar argued brandishing a weapon could aid someone in deterring and retreating from an attacker.

Bliss referenced Thissen in criticizing the majority court opinion.

But Thissen did not advocate eliminating the duty to retreat entirely.

“Under my proposed approach, the duty to retreat before harming someone still applies,” Thissen wrote. “My approach recognizes that threatening an aggressor is one tactic—much like retreating—to avoid harm.”

Democrats in the House said Bliss' bill goes beyond rolling back the court decision, eliminating the duty to retreat entirely.

“This bill says you can use that machete, you can use that knife, you can use that gun regardless of whether a possibility to avoid the danger exists,” said Rep. Dave Pinto, DFL-St. Paul.

Rep. Cedrick Frazier, DFL-New Hope, said Bliss' legislation would allow people to become “judge, jury and executioner,” and result in uneven enforcement. He said homicides involving white shooters and Black victims are far more likely to be ruled justified.

Frazier cited the killing of Trayvon Martin, who was shot in 2012 at age 17. George Zimmerman, the man who shot Martin, was acquitted of criminal charges.

“This bill sends a chilling message: Some lives are valued more than others,” Frazier said.

Rep. Krista Knudsen, R-Lake Shore, said any lawmaker who voted against the legislation was leaving “law-abiding Minnesotans defenseless.” A vote against the legislation, she argued, was a vote to “criminalize” self-defense.

“Women will be hurt if we allow this ‘run and hope for the best’ standard to remain in place,” Knudsen said.

In a news conference ahead of the vote, Pinto criticized GOP lawmakers for focusing on legislation he said would not pass the Minnesota House of Representatives.

“Republicans should be working with Democrats,” Pinto said, “to make life more affordable for Minnesotans.”