para45lda wrote:
Quote:
(1) In lawful defense of person or property against an unlawful act.
so its always been told to me that you cant use a firearm in protection of property but this is saying you can as far as i read it. any clarification on that?
IANAL but let me take a shot (no pun intended) at this.
First off, If you use your gun I highly doubt any charges are going to come under a city ordnance. Much more likely that any potential prosecution would be under state statues.
Quote:
609.06 AUTHORIZED USE OF FORCE:
Subdivision 1.When authorized.Except as otherwise provided in subdivision 2, reasonable force may be used upon or toward the person of another without the other's consent when the following circumstances exist or the actor reasonably believes them to exist:
.....4) when used by any person in lawful possession of real or personal property, or by another assisting the person in lawful possession, in resisting a trespass upon or other unlawful interference with such property
The key here would be the degree of force used. A firearm is considered Deadly Force. Though if you were to display the gun to get the person to stop the commission of the property crime and not actually fire the gun you
might get away with it.
Quote:
609.065 JUSTIFIABLE TAKING OF LIFE.
The intentional taking of the life of another is not authorized by section 609.06, except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor's place of abode.
If it is a property crime and there is no physical threat to you. I would call the police, get accurate descriptions of the suspect(s) and any vehicle(s) involved and be a good witness.
There are a lot of people on this forum with much more legal expertise than me, and more knowledge of MN case law on these matters. Maybe one of them will chime in and explain this better.
