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Governor Vetoes Defense of Dwelling and Person Act

Published On: March 5th, 2012

Citing law enforcement’s opposition to the bill, Governor Dayton vetoed the Minnesota Defense of Dwelling and Person Act of 2011 today.

I have been following this bill closely as it made its way through the Minnesota legislature as it would have substantially changed the advice I give to my clients who own and carry firearms. As I previously posted, the bill would have done away with the common law duty of reasonable retreat when self-defense is exacted outside of the home. With Governor Dayton’s veto, the law will remain as only authorizing the use of deadly force when necessary to resist a crime when there is an objective, good faith belief in the threat of great bodily harm or death, or to prevent the commission of a felony in your own home.

Coley Grostyan is a Minneapolis, MN criminal defense attorney who represents individuals accused of gun crimes in the Twin Cities and surrounding suburbs, and throughout the State of Minnesota.

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Law Office of Coley J. Grostyan, PLLC

701 Fourth Avenue South, Suite 300

Minneapolis, MN 55415

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Minnesota Defense of Dwelling and Person Act Passes House

Published On: March 2nd, 2012

As expected, the Minnesota House passed the Minnesota Defense of Dwelling and Person Act of 2011 on Wednesday. The bill passed by a vote of 85-47. The bill has been sent to Governor Mark Dayton for signature. After meeting with the bill’s sponsor and hearing opposition from law enforcement, Governor Dayton stated that he wait three days to decide whether to sign or veto the bill.

I previously wrote about the castle doctrine bill and how it would change Minnesotans’ ability to use deadly force to defend themselves here.

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Law Office of Coley J. Grostyan, PLLC

701 Fourth Avenue South, Suite 300

Minneapolis, MN 55415

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Minnesota Bill Would Expand Self-Defense With Deadly Force

Published On: February 9th, 2012

The common law duty of reasonable retreat in self-defense used outside of the home may be eliminated if the Minnesota Defense of Dwelling and Person Act of 2011, passed by the Minnesota house and currently headed to the senate for a vote, is enacted into law. Current Minnesota law authorizes the use of deadly force when necessary to resist a crime, and there is an objective, good faith belief in the threat of great bodily harm or death, or to prevent the commission of a felony in your home.

Although not contained in Minnesota statues, common law imposes a duty to retreat when reasonable. However, neither Minnesota statutes nor common law impose any such duty when reasonably defending yourself or your home during a home invasion. The thought is that reasonable retreat in self-defense outside the home applies because there may be a safer place, your home. By contrast, self-defense in and of the home is paramount to the protection of family. The only Minnesota cases where there was duty to retreat applied to self-defense in the home involved circumstances where the deadly force was objectively unreasonable.

The Minnesota Defense of Dwelling and Person Act would eliminate the duty to retreat outside the home and would authorize the good faith use of force against an assailant until the danger ends. In addition, this bill expands the definition of a dwelling to include any permanent or temporary overnight accommodations (e.g. vehicle, boat, hotel, etc.), as well as the area immediately surrounding the home.

The bill is expected to pass with bi-partisan support.

Coley Grostyan is a Minneapolis, MN criminal defense attorney who represents individuals accused of crimes in the Twin Cities and surrounding suburbs, and throughout the State of Minnesota.

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Law Office of Coley J. Grostyan, PLLC

701 Fourth Avenue South, Suite 300

Minneapolis, MN 55415

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MN Supreme Court: No correlation between blood and urine alcohol concentration needed for DWI

Published On: February 9th, 2012

Yesterday in State v. Tanksley, the Minnesota Supreme Court held that to convict someone for driving while impaired, (DWI), a urine test for alcohol does not need to correlate to blood alcohol concentration. The Court based its decision on the fact that urine testing is one of three approved methods to determine alcohol concentration under MN DWI laws.

Tanksley’s argument was based on what has been known to DWI defense attorneys for quite some time; a first-void urine sample is a snapshot in time of a person’s alcohol concentration and does not accurately reflect blood alcohol concentration. Unlike Minnesota, most other states require the bladder be emptied before the urine is sampled to test for the presence of alcohol. The reason for this procedure is that that alcohol in the urine does not dissipate as quickly as alcohol is metabolized in the bloodstream. Therefore, a first-void urine sample can reflect a higher alcohol concentration than what is present in the blood that would affect the motor skills of a driver.

At the outset, the Court’s decision seems to contradict the requirement that the State must prove a defendant’s alcohol concentration was 0.08 or more at the time, or within 2 hours of the time, the defendant operated or physically controlled a motor vehicle to obtain a conviction for a DWI. However, the MN DWI law defines “alcohol concentration” as “(1) the number of grams of alcohol per 100 milliliters of blood; (2) the number of grams of alcohol per 210 liters of breath; or (3) the number of grams of alcohol per 67 milliliters of urine.” Therefore, under a strict reading of MN DWI statutes, it does not matter whether alcohol in the urine correlates to the blood alcohol concentration because the legislature has said that alcohol concentration in the urine is sufficient to convict someone for a DWI.

Coley Grostyan is a Minneapolis based DWI defense attorney who represents individuals charged with driving while impaired (DWI), and all other impaired driving related charges in the Twin Cities and surrounding suburbs, and throughout the State of Minnesota.

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Law Office of Coley J. Grostyan, PLLC

701 Fourth Avenue South, Suite 300

Minneapolis, MN 55415

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Minnesota bill would allow prosecutors to carry firearms

Published On: January 28th, 2012

In a reaction to the shooting of Cook County Attorney Tim Scannell, a Minnesota legislator has authored HF1829, a bill that will allow County Attorneys and Assistant County Attorneys who possess a valid permit to carry a firearm to carry firearms while on duty. Currently, with the exception of licensed peace officers, Minnesota law prohibits state workers from being armed on the job.

Another bill submitted would increase penalties for individuals who attack or kill state and federal prosecutors. Current Minnesota already has increased penalties for assaulting or killing law enforcement and correctional officers.

Both bills are expected to have sufficient support to pass into law.
http://www.kare11.com/news/article/958809/14/Prosecutor-shot-at-MN-courthouse-supports-guns-bill
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Law Office of Coley J. Grostyan, PLLC

701 Fourth Avenue South, Suite 300

Minneapolis, MN 55415

USA

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