Pulling into your own driveway at night is something you do without thinking. In July 2018, a woman in southeast Houston did exactly that, and two armed men were waiting for her.
According to KHOU 11, it happened around 10:30 p.m. on Tuesday, July 17, at a home near Scott and Airport. As she pulled in, the two men jumped out, took her purse and then tried to force her into the house at gunpoint.
Her husband heard the commotion from inside, grabbed his gun and went out. He and the robbers exchanged gunfire. Neither he nor his wife was hit. Police said one suspect was hit in the head and taken into surgery, and the other ran off.
Ed Morrissey wrote about it at Hot Air the next day, and his point was a fair one. A good guy with a gun stopped a bad guy with a gun, and almost certainly saved lives, starting with his own. People who oppose the right to carry like to call this kind of thing rare or made up. It happens. That’s why I share these.
The driveway is where it happens
Getting in and out of the car is when most of us are least alert. Your hands are full, you’re looking at your phone, and your mind is already inside. Before you shut the engine off, look around. If something doesn’t look right, stay in the car with the doors locked and drive away. Then call 911.
What this means in Minnesota
The husband was defending his wife, and Minnesota law covers that. Minn. Stat. § 609.06 allows reasonable force “in resisting or aiding another to resist an offense against the person.” Deadly force is allowed when it’s necessary to resist an offense you reasonably believe exposes you “or another” to great bodily harm or death (§ 609.065). Two armed men holding your wife at gunpoint and pushing her toward the door fits that.
Retreat is the harder question. The driveway is outside your house, and Minnesota’s no-retreat rule is about the home. In State v. Devens (2014) the Supreme Court said “home” turns on exclusive possession and control, and I’m not aware of a Minnesota appellate case that decides whether a driveway counts. When you’re defending someone else, though, State v. Valdez (2024) says the question is whether the person in danger could safely retreat. A woman being held at gunpoint had nowhere to go.
One practical note. When you go out that door, you’re walking into a gunfight in the dark. If someone else is in the house, have them call 911 while you deal with it, so police know who the good guy is when they pull up.
I go through defense of others and the duty to retreat in my Permit to Carry class. Sign up for a Permit to Carry class at mnselfdefense.com. Questions? Text me at 507-533-5774 or email chris@mnselfdefense.com.
Chris Marquette, Precision Plus Firearms Training
Disclaimer
This post is general education, not legal advice. I’m a firearms instructor, not your attorney. Laws and court decisions change, and every situation is different. If you have questions about a specific situation, talk to a Minnesota attorney.
Sources
News
“Husband shoots home invasion suspect holding wife at gunpoint,” KHOU 11, July 18, 2018
“Video: Armed citizen effectively defends family in Houston,” Ed Morrissey, Hot Air, July 18, 2018
Minnesota law
Minn. Stat. § 609.06, Authorized Use of Force
Minn. Stat. § 609.065, Justifiable Taking of Life
State v. Devens, 852 N.W.2d 255 (Minn. 2014)
State v. Valdez, No. A22-1424 (Minn. Oct. 9, 2024)