Minnesota Gun Control Laws

Firearms possession is a controversial issue in many states in this country today.  However, some states have few requirements in order for their citizens to purchase and possess both handguns and rifles or shotguns other than the federal requirements.  One of those states is Minnesota.  Federal law generally prohibits the interstate trafficking of firearms and mandates wait periods so that dealers can provide background checks on gun purchasers.  All other legislation pertaining to firearms purchase and possession is relegated to state and local authorities.  In the case of Minnesota, which is a “shall issue” state, there is wide leeway in the purchase and possession of firearms.

Minnesota Carrying Guns & Possession Laws

As a “shall issue” state, Minnesota cannot refuse to allow the purchase and possession of firearms without due, legal cause.  Apart from clearly legislated statutes, including federal, state, and local, local authorities “shall issue” gun permits or handgun transferee permits.  However, there are a number of conditions, which would prohibit an individual from purchasing, possessing, or owning a gun in the state. 

Finally, it is against Minnesota law to possess or keep a deadly weapon in certain locations, such as

• School property or a school bus
• Licensed daycare centers when children are present
• Private property where the owner has posted a ban on guns
• Any other location which federal law has included in these prohibitions

Machine guns are prohibited except for those who require those guns in the course of their occupations, such as law enforcement officials, those in the armed services, guards at correctional institutions, collectors, dealers, and manufacturers who test ammunition or firearms for use or sale.

Penalties & Regulations for Unlawful Possession

• Minors illegally in possession of a handgun, machine gun, or assault weapon are guilty of a felony punishable by 5 years in prison.
• Those previously charged with a violent crime found in possession of a firearm are guilty of a felony and can be sentenced to a 15-year prison term.
• Those in possession of a loaded rifle, shotgun, or BB gun in any place that is not appropriate, other than a gun store, or hunting or target area is guilty of a gross misdemeanor.          
• Those in possession of a handgun while they are under the influence of alcohol or controlled substance are guilty of a misdemeanor
• Those who store or leave a loaded firearm in such a place that the person knows, or reasonably should know, that a child will be able to access that weapon without taking precautions to secure the firearm to prohibit such access are guilty of a gross misdemeanor.
• All others found guilty of illegally possessing firearms are charged with a gross misdemeanor

Requirements for Possession: For Firearm, Shotgun, and Rifle Possession in the state of Minnesota

Purchasing Guns

This list of those ineligible to purchase guns in the state of Minnesota is extensive, and includes

• Anyone under 18 without the presence and supervision of a parent or guardian
• Anyone with a juvenile conviction for a crime of violence
• Anyone with a history of mental illness without official proof that they are no longer suffering from this illness
• Anyone guilty of substance abuse
• Anyone guilty of a violent crime
• A person who falls under federal prohibitions
• Anyone convicted of assault
• Anyone convicted of gang activity, hate crimes, child endangerment, burglary, riot, or stalking within the last 3 years
• Anyone who is a fugitive from justice
• Anyone convicted and imprisoned for more than one year
• An illegal alien
• Anyone dishonorably discharged from the armed forces
• Anyone who has renounced their U.S. citizenship

In addition, it is against Minnesota law to provide weapons to a child under the age of 14 including a firearm, air gun, ammunition, or explosives, without the parent or guardian's permission.

Penalties & Regulations for Unlawful Purchases

• Anyone knowingly making a false statement to obtain a transferee permit to obtain a firearm is guilty of a gross misdemeanor.
• It is a gross misdemeanor for a dealer to sell a firearm to someone known to have knowingly made a false statement on their transferee permit in order to obtain a firearm.
• No retailer can sell, transfer, or expose for sale or transfer, or have in possession with intent to sell, any pistol without being licensed

Requirements for Purchase: For Firearm, Shotgun, and Rifle Purchase in the state of Minnesota

Firing Handguns and Self Defense

Use of firearms in Minnesota is legal for a number of uses, including hunting, law enforcement, target shooting, and self-defense.  However, there are a number of ways in which a firearm cannot be used without suffering serious consequences.

It is a felony to:

• discharge a weapon where it may endanger others
• to carry, store, keep, use, or brandish a firearm on school property or a school bus while children are present
• to remove, disfigure, or alter the serial number on firearms, with a fines up to $10,000 and/or prison terms of up to 5 years.
• to provide a minor with a firearm without their parent or guardian’s permission, punishable by up to 10 years in prison.
• It is a gross misdemeanor
• to carry a rifle, shotgun, or BB gun in a public place; for a minor under 21, it is a felony to carry an assault weapon in a public place, carrying a penalty of fines up to $10,000 and/or prison terms of up to 5 years.
• to transfer any firearm to the possession of a person prohibited from possessing firearms; if that transferee commits a felony with that firearm, the crime becomes a of a felony.
• to carry a handgun or pistol without a permit to carry.

Legal Help

There are a number of misdemeanor and felony charges that can result from the carry or use of firearms in the state of Minnesota.  While it is a liberal state in terms of firearms laws, there can be heavy penalties for the infractions of the laws that are on the books.  It is important to know the laws and observe them.  However, if you have been charged with a firearms violation, there may be extenuating circumstances, which a criminal attorney could assist you.  It is wise to consult with an attorney before attempting to fight those charges alone, or risk facing the consequences alone as well.