Thread by @CrimeWatchMpls

Watching attorney Tom Gallagher talk about self defense and #MN law. Predators look for "vulnerable people."
#MplsCrime

Predators will try to engage you with false conversation or starting an argument.

Develop your "spidey sense"! Yes, we've said this before.

When retreat or avoidance is not possible, you need options.

Force opponent to make the first strike. You can't be the "aggressor." Be mindful of how witnesses will portray you.

With training, you learn to "stop the threat."

If you're being attacked/threatened, verbalize that you don't want to be harmed.

Example of jury instruction if you find yourself in court for defending yourself.

Factors in your defense.

Your choice to defend yourself must be perceived as "reasonable" by a common person.

Your use of force must be "proportionate" to the situation. Using gun on unarmed suspect, your defense may fail. Using gun on mob of 30 may be viewed as more "reasonable."

Situational factors that will come into play in your defense.

More situational factors to consider that will play in your defense.

"Some times escalation is the only way to stop the situation."

You do not have the duty to retreat in your own home. That doesn't apply to other situations outside your home.

Don't be the aggressor. Don't look for a second conflict.

You are not trying to "kill" the attacker, you are "trying to stop the threat."
You may need to kill the attacker, but you are stopping the threat.

Afterward, SAY NOTHING TO POLICE other than identifying yourself.
LAWYER up.

Point out evidence at the scene of the crime that backs up your need to defend yourself.

Always be FIRST to call 911, even if shots weren't fired.

What if perp is holding a "fake" gun? You may not know that. Were you in fear for your life?

1. Stay alive.
2. Manage what will happen in court later.

Defense of self (or loved one) vs defense of property: You need to be in fear of "great bodily harm" or in fear for your life.

What about an attack in your garage? (outside your actual home): Again, this will depend on circumstances. Can you retreat? Is someone merely trying to steal your car but didn't threaten you? Did you go looking for a problem out in your garage? (willing participant)

Don't point a gun/weapon at anyone unless you plan to "destroy" that target.

Online info suggests that there are 500,000 to 3 million defensive gun uses every year. (not from Tom, found online).

From a commenter on how to respond to police/investigators:

If you shoot someone, you need to render first aid. This will come up at your trial. "Calling 911 is not rendering first aid."

Many people who have a permit to carry will always carry first aid kits in their car for just such purpose (not from Tom, commentary).

You don't need a "permit to carry" to have a gun in your own home - if you are not prohibited from possessing a firearm. You may need a permit to purchase a gun, however, in some circumstances.

If you're pulled over, you are not obligated to volunteer to police that you're carrying or have a PTC. You must tell them if they ask, however.

If you shoot/kill someone who is unarmed, you're going to "have a (defense) problem." Force disparities will come into consideration at that point.

If an unarmed person breaks into your house, a jury may find that more "justified." (Again, these are generalizations, not advice!)

Being in your home isn't "magic" for shooting someone. The totality of circumstances will still be considered.

There are various self defense insurance policies offered by different organizations. Do your research and search reviews.

Thanks to @TomGallagherLaw for this presentation, BTW.

Not advisable to fire "warning shots."

You must be mindful of where your bullets will go if you miss your target (i.e. next door, outside??)

If you have a PTC, MN law does not require you to conceal your firearm. We have a right to carry law, not "concealed carry" law.

Your permit to carry serves as a permit to purchase. and the PTC lasts 5 years instead of one year, so many people will get a PTC just for that purpose.

Tom says he favors a "stand your ground" law, which MN does not have.

Tom's website at bottom if you want to contact him.

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