WCCO EYE4 LOGO WCCO Radio

Latest News

Reality Check: Explaining Minnesota’s Self-Defense Laws

View Comments
77648_Pat Kessler WEB

Reporting Pat Kessler

Today's Most Popular Video
Archer From Minn. Aiming For Olympic Gold Black Forest Inn Hosting 'Spargelfest' Fishing Offers Comfort To Boy With Lymphoma Bartender Charged After Intoxicated Man, 20, Drowned Mpls Police Name Officer Driving SUV In Fatal Uptown Crash

MINNEAPOLIS (WCCO) — A Minnesota man told police he feared two teenagers breaking into his home had a weapon when he shot and killed them on Thanksgiving Day.

Byron Smith, 64, of Little Falls, is now facing murder charges.

Smith admitted to investigators he fired “more shots than (he) needed to.”

And seemed to brag about making “a good, clean finishing shot” when he killed 18-year-old Haile Kifer, after he had already killed 17-year-old Nicholas Brady.

Minnesotans already have the right to defend themselves in their homes, but the case in Little Falls would probably not apply.

It’s already legal to shoot and kill an intruder in your home, or in your yard, or your garage, if you are threatened.

But self-defense becomes murder at a very specific point.

Most states already have self-defense laws based on the Castle Doctrine — “a man’s home is his castle.”

In fact, in Minnesota, you can shoot an intruder — even kill — if you feel threatened with great bodily harm, or if you are trying to prevent a felony.

But you must stop shooting if the threat’s eliminated, even if the intruder is still alive.

That’s called the “duty to retreat.”

Self-defense laws in 24 states go further than Minnesota. They are not “duty to retreat” states — but “stand your ground” or “make my day” states. “Make my day,” as in Clint Eastwood’s famous line.

Here’s what you need to know.

This year the Minnesota legislature passed, and Gov. Mark Dayton vetoed, a bill that would have turned Minnesota into a “make my day” state.

That would have expanded the Castle Doctrine beyond a house — to cars, motor homes, boats — even tents.

That’s not the whole story.

In Little Falls, Smith may have felt threatened when two young people broke into his home.

But even a “make my day” state won’t allow a shooter to do what Smith says he did — keep shooting until the intruders were dead.

George Zimmerman used Florida’s “stand your ground” law when he killed Trayvon Martin, claiming he felt threatened.

View Comments
  • http://www.christianforums.com/t7704530-15/#post62335065 Man says he fired more shots then neccessary – Page 15 – Christian Forums

    [...] [...]

blog comments powered by Disqus
Listen Live!

Mobile Weather Watcher

Follow CBS Minnesota

Like us on foursquare
wccoradio podcastbanner3 WCCO Radio

Meet WCCO-TV’s Anchors

Amelia Santaniello Frank Vascellaro Chris Shaffer Mark Rosen

TV Schedule

Full Program Grid
7:00 PM Elementary
8:00 PM Criminal Minds
9:00 PM 48 Hours
10:00 PM WCCO 4 News at Ten
10:35 PM Storm Stories
11:05 PM Life to the Max
11:35 PM CSI: Miami