Q: Hypothetically, if you get into a scuffel with another individual, and they grab their gun is that enough for Selfdefens
If you hypothetically get into a fight with another individual, and they grab their gun but dont shoot it, but you shoot yours, is that a case of self defense? Let's hypothetically say the gun is an illegal firearm, would it still be a self defense case? Or would it be the discharge of an illegal firearm.
A: We have statutes and judicial caselaw on self-defense law in Minnesota. Without attempting to cover it all now, suffice it to say that whether a jury or judge accept a defense of self-defense to a charge where applicable, will depend upon all the circumstances. But if we were to assume a hypothetical case where a jury believed that a person unlawfully possessed a firearm, and used it in lawful self-defense; then that jury would likely bring a a not-guilty verdict on the assault charge, and a guilty verdict on the possession of an unlawful firearm charge.
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