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House Research Department

Minnesota Firearms Laws

A Guide for Legislators

September 1999

This guidebook describes state laws regulating the possession and use of firearms.

This publication was prepared by EMILY F. SHAPIRO, Legislative Analyst in

the House Research Department. Questions may be addressed to EMILY at 651-

296-5041. JACKIE BALLARD provided secretarial support. Copies may be

obtained by calling 651-296-6753.

This publication can be made available in alternative formats upon request. Please call 651-296-

6753 (voice); or the Minnesota State Relay Service at 1-800-627-3529 (TTY) for assistance.

Many House Research Department publications may also be accessed via the Internet at:

www.house.leg.state.mn.us/hrd/hrd.htm.

Contents

Introduction

Gun Control Act

...........................................................3

Overview of the Act.....................................................3

Eligibility to Possess a Firearm............................................3

Purchasing or Transferring a Pistol or Assault Weapon..........................5

Purchasing a Pistol or Assault Weapon without a Permit........................6

Carrying a Pistol without a Permit..........................................7

Eligibility to Possess a Firearm..................................................9

Pistols or Assault Weapons: Minors........................................9

Firearms:Persons under Age 16...........................................9

Firearms:Certain Convicted Criminal Offenders.............................10

Firearms:Certain Offenders Charged with Crimes or in Pretrial Diversion Programs11

Firearms:Persons with a History of Mental Illness or Chemical Dependency......11

Firearms: Other Prohibited Categories.....................................12

Firearms: Nonresident Alien.............................................12

Illegal Firearms...........................................................13

Silencers.............................................................13

Machine Guns, Short-barreled Shotguns, Machine Gun Conversion Kits,

and Trigger Activators..............................................13

Saturday Night Specials.................................................13

Firearm Safety and Training Requirements...............................14

Transporting a Firearm in a Motor Vehicle..................................14

Transporting a Firearm in a Private Airplane.................................14

Firearms Dealer Security Measures........................................14

Duty to Render Aid to Shooting Victim.....................................14

Firearms Safety Course and Certificate.....................................15

Replica Firearm Warning Label...........................................15

Innkeeper May Eject Guests With Firearms..................................15

Surety Bond for Carrying Pistol or Other Dangerous Weapon...................15

Firearms Training for Private Detectives and Protective Agents..................15

Peace Officer Training in Firearms/Use of Deadly Force.......................16

Employment-related Firearms Requirements..............................16

Criminal Background Check for Human Services License......................16

Criminal Background Check for Gambling Licenses..........................16

Criminal Background Check of Private Detective and Protective Agency Employees.17

Licensed Peace Officers Authorized to Carry Firearms.........................17

Reporting and Data Requirements........................................17

Data on Purchase and Transfer of Firearms..................................17

Arrest Data and Response or Incident Data..................................17

Identification Data from Local Law Enforcement Agencies.....................17

Reports of Dangerous Weapon Incidents on School Property....................18

Reports on Criminal Cases Involving a Firearm..............................18

Report of Firearm Discharge by Security Guard..............................18

Report of Health Professionals on Gunshot Wounds...........................18

Report of Firearm Discharge by Peace Officer...............................19

Regulation of Firearms by Local Governments............................19

State Law Preemption of Local Firearm Regulations...........................19

Crimes Relating to Firearms ..............................................20

Bringing a Firearm into a Correctional Facility or State Hospital.................20

Discharge over Cemetery Grounds.........................................20

Discharge from an Airplane..............................................20

Mandatory Minimum Sentences for Certain Felonies Committed with a Firearm....20

Possession of Firearm by Convicted Felon; Mandatory Minimum Sentence........21

Murder in the First Degree...............................................21

Murder in the Second Degree.............................................21

Manslaughter in the Second Degree........................................21

Assault in the Second Degree.............................................21

Aggravated Robbery....................................................22

Depriving Another of Custodial or Parental Rights............................22

Criminal Sexual Conduct in the First and Second Degree.......................22

Child Endangerment; Access to Firearms...................................22

Obstruction of Legal Process or Arrest.....................................23

Theft of a Firearm......................................................23

Burglary.............................................................23

Dangerous Weapon Offenses.............................................23

Removal or Alteration of Firearm Serial Number .............................25

Set Guns, Swivel Guns, and Spring Guns...................................25

Riot in the First or Second Degree.........................................25

Terroristic Threats.....................................................25

Harassment...........................................................25

Shooting at a Railroad Train..............................................25

Shooting at or in a Public Transit Vehicle or Facility..........................26

Dangerous Exhibitions..................................................26

Carrying a BB Gun, Rifle, or Shotgun in a Public Place........................26

Forfeiture and Confiscation of Firearms...................................26

Firearm Knowingly Used to Commit Hunting Law Violation....................26

Firearm Unlawfully Possessed by Person under Age 16........................26

Weapons Used to Commit a Crime........................................27

Weapons and Ammunition Found in Proximity to Drugs.......................27

Firearms Used to Commit Domestic Assault, Harassment, Stalking, or Order for

Protection Violation................................................28

Possession of Firearm by Nonresident Alien.................................28

Surrender of Firearm as a Condition of Pretrial Release........................28

Firearms Laws Affecting Minors..........................................28

Hunting Licenses......................................................28

Possession of a Pistol or Assault Weapon by a Minor..........................29

Possession of a Firearm by a Person under Age 16............................29

Certification to Adult Court for Firearms Offenses............................29

Committing a Delinquent Act with a Firearm................................29

Expulsion from School for Possession of Firearm.............................30

Referral of Firearm Possessors to Criminal or Juvenile Justice System............30

Peace Officer Records and Juvenile Court Disposition Orders

Transmitted to School Authorities.....................................30

Child Endangerment; Access to Firearms...................................30

Furnishing a Minor with a Firearm.........................................30

Display of Handgun Ammunition.........................................31

Department of Natural Resources; Selected Regulations...................32

Careless Use of Firearm; Fire Hazard......................................32

Hunting on Game Refuges...............................................32

Firearm; Hunting Law Violation..........................................32

Firearms Inspection....................................................32

Hunting Prohibited in Certain Areas.......................................32

Firearms Safety Course and Certificate.....................................33

Possession of a Firearm by a Person under Age 16............................33

Firearms That May Be Used in Hunting.....................................33

Transporting a Firearm in a Motor Vehicle..................................34

No Discharging Firearms................................................34

No Hunting while Intoxicated............................................34

No Hunting between Evening and Morning..................................34

No Artificial Lights to Locate Wild Animals.................................34

No Hunting Big Game by Archery; Possession of Firearm......................34

No Snares, Traps, Set Guns, and Swivel Guns ...............................34

Miscellaneous Firearms-related Laws.....................................35

Definition of Crime of Violence...........................................35

Definition of Dangerous Weapon..........................................36

Definition of Deadly Force...............................................36

Definition of Firearm...................................................36

Permissive Inference of Firearm Possession in Motor Vehicle...................36

Attorney General May Assist City Attorneys in Prosecuting Firearms Offenses......37

Landlord-Tenant Lease Covenant..........................................37

Introduction

Minnesota Firearms Laws describes Minnesota laws that regulate the possession or use of

firearms or provide penalties for criminal acts involving firearms. These laws currently are

widely scattered throughout Minnesota Statutes. The purpose of this guidebook is to collect

these laws into a single document and, thereby, give legislators an overview of current state

policies and laws concerning firearms as well as a convenient reference aid. The guidebook is

organized topically and, because certain laws fall into more than one category, they are described

in more than one place.

The guidebook is intended to be a comprehensive guide only to state firearms laws. Federal law

is referenced only where necessary to an understanding of state law.

Unless otherwise noted, all citations are to Minnesota Statutes 1998 or 1999 Supplement.

House Research Department September 1999

Minnesota Firearms Laws Page 3

Gun Control Act

Overview of the Act

The Gun Control Act governs the possession of firearms

generally, the transfer of pistols and semiautomatic military-

style assault weapons, and the carrying of pistols. Under the

act, certain categories of individuals are prohibited from

possessing firearms. Persons who are eligible to possess a

firearm must either have a permit to purchase a pistol or

semiautomatic military-style assault weapon or must

undergo a background check before being permitted to

purchase the weapon. Additionally, persons who wish to

carry a pistol wherever they go must obtain a separate permit

to carry the weapon. Minn. Stat. §§ 624.711 to 624.717

The law contains a list of specific, named weapons that are

included within the definition of “semiautomatic military-

style assault weapon” and provides that weapons that are

substantially similar to these named weapons are also

included in the definition. To assist persons in complying

with the law, the superintendent of the Bureau of Criminal

Apprehension is required to publish annually an up-to-date

authoritative list of weapons included within this definition.

Minn. Stat. § 624.712, subd. 7

Eligibility to Possess a

Firearm

With certain limited exceptions, the following individuals

are not eligible to possess a firearm:

< persons under the age of 18 (this prohibition is limited

to pistols and semiautomatic military-style assault

weapons);

< persons who have been convicted of or adjudicated for a

crime of violence

or a felony-level drug offense, unless

ten years have elapsed since sentence discharge or

restoration of civil rights, whichever occurs first, and

during that time the person has not been convicted of

another such offense;

_______________________

See page 35 for the definition of “crime of violence.”

House Research Department September 1999

Minnesota Firearms Laws Page 4

See page 10 for a description of other laws applying similar limits on persons convicted of domestic assault in this

state.

< persons who are or have been confined as mentally ill,

mentally ill and dangerous, or mentally retarded under

the civil commitment law, or who have ever been found

incompetent to stand trial or not guilty by reason of

mental illness, unless they have satisfactory proof that

they are no longer so disabled;

< persons who have been convicted of a nonfelony drug

offense or who are or have been institutionalized as

chemically dependent, unless they have satisfactory

proof that they have not abused alcohol or drugs for two

years;

< persons who have been charged with a crime of violence

and placed in a pretrial diversion program, unless they

have completed the diversion program and the charges

have been dismissed;

< persons who have been convicted in another state

nonfelony domestic assault or repeat assault, unless

three years have elapsed since the conviction and, during

that time, the person has not been convicted of another

similar offense;

< persons who have been convicted of domestic assault

and who were found by the court to have used a firearm

during the commission of the assault, for the time period

determined by the sentencing court. This time period

must be not less than three years and may last the

person’s lifetime;

< persons who have been convicted of a felony punishable

by imprisonment for more than one year (other than a

crime of violence) whose civil rights have not yet been

restored;

< persons who are currently charged with a felony

punishable by imprisonment for more than one year (this

prohibition is limited to pistols and semiautomatic

military-style assault weapons); and

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Minnesota Firearms Laws Page 5

< persons who are fugitives from justice, unlawful users of

controlled substances, judicially committed as mentally

ill or mentally retarded, illegal aliens, or persons who

have been dishonorably discharged from the United

States armed forces or have renounced United States

citizenship.

(Gross Misdemeanor

or Felony)

Violation of these possession prohibitions is punishable as a

gross misdemeanor; except that illegal possession of a pistol

or assault weapon by a minor is punishable as a five-year

felony and illegal possession of a firearm by a person

convicted of a crime of violence is punishable as a 15-year

felony. Minn. Stat. § 624.713

Purchasing or Transferring a

Pistol or Assault Weapon

A person who wishes to purchase a pistol or assault weapon

from a federally licensed firearms dealer must either obtain a

transferee permit from the local police chief or sheriff or

submit to a background check to determine eligibility to

possess the weapon. A person need not obtain a transferee

permit if the person already possesses a valid permit to carry

a pistol.

Minn. Stat. §§ 624.7131; 624.7132

Transferee permits. Any person may apply for a transferee

permit by submitting an application to the local police chief

or sheriff containing certain personal information about the

applicant, including a statement that the applicant is not

prohibited from possessing a pistol or assault weapon. The

application also must contain an authorization for the release

of relevant mental health commitment information to the

investigating law enforcement agency. The law enforcement

agency must then investigate the applicant’s eligibility to

possess the weapon and either issue the permit or deny the

application within seven days of the application. No fee may

be charged for the investigation or the issuance of the permit.

A permit may be denied only if the law enforcement agency

determines that the applicant is prohibited from possessing

the pistol or assault weapon and provides the applicant

written reasons for the denial. The applicant may appeal a

denial decision to the appropriate district court. Once

granted, a permit is valid statewide and may be renewed

annually.

These prohibitions are based on federal law and are lifetime bans. See 18 U.S.C. § 922(g).

House Research Department September 1999

Minnesota Firearms Laws Page 6

A transferee permit becomes void if the permit holder

becomes prohibited from possessing a pistol or an assault

weapon after receiving the permit. In such a case, the permit

must be returned to the issuing authority within five days.

Failure to return the permit without good cause is a

misdemeanor.

(Misdemeanor) Transferee permits are not transferable; anyone who transfers

a permit to another person is guilty of a misdemeanor.

(Gross Misdemeanor) Additionally, it is a gross misdemeanor to knowingly make a

false statement in order to obtain a transferee permit.

Minn. Stat. § 624.7131

Purchasing a Pistol or Assault

Weapon without a Permit

If a pistol or assault weapon purchaser does not have a

transferee permit at the time of sale, the federally licensed

firearms dealer may not transfer the weapon to the purchaser

immediately. Instead, the firearms dealer must submit a

transfer report to the police chief or sheriff in the area where

the purchaser resides, containing the same information

required on the transferee permit application form.

Upon receipt of the transfer report, the law enforcement

agency must investigate to determine whether the purchaser

is prohibited from possessing a pistol or assault weapon.

Unless the law enforcement agency waives all or part of the

waiting period, the dealer may not transfer the weapon to the

purchaser for five business days, nor transfer the weapon to

the purchaser at all if the agency identifies the purchaser as

ineligible to possess the weapon. If no notice of

disqualification is received within five business days, the

pistol or assault weapon may be delivered to the purchaser.

A notice of disqualification may be appealed to the local

district court.

(Misdemeanor) It is a misdemeanor for a federally licensed firearms dealer to

transfer a pistol or assault weapon to any person whom he or

she does not know personally or who does not present

evidence of identity. It is also a misdemeanor to fail to

provide evidence of identity to a federally licensed firearms

dealer.

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Minnesota Firearms Laws Page 7

(Gross Misdemeanor) It is a gross misdemeanor: (1) to knowingly become a

transferee in violation of the law or knowingly make a false

statement in order to become a transferee; (2) for a federally

licensed firearms dealer to transfer a pistol or assault weapon

in violation of the transfer report requirements; or (3) for a

federally licensed firearms dealer to transfer a pistol or

assault weapon to a transferee, knowing the transferee has

made such a false statement.

(Felony) It is a felony for a federally licensed firearms dealer to

transfer a pistol or assault weapon to a minor in violation of

the law or to transfer such a weapon to a minor, knowing the

minor has made a false statement in order to obtain the

weapon. Minn. Stat. § 624.7132

(Gross Misdemeanor;

Felony)

It is a gross misdemeanor for any person, including a private

party, to intentionally transfer a pistol or assault weapon to

another knowing that the transferee has been found ineligible

by a law enforcement agency to possess the weapon or

knowing that the transferee is disqualified from possessing

the weapon. The violation becomes a felony if the transferee

possesses or uses the weapon in furtherance of a violent

felony within one year after the transfer. The penalty does

not apply if the transferee subsequently becomes eligible to

possess the weapon before using or possessing it in the

commission of a crime.

Minn. Stat. § 624.7141

Carrying a Pistol without a

Permit

State law prohibits any person, other than a law enforcement

officer or a state prison guard who is performing assigned

duties, from carrying a pistol in a motor vehicle or in a

public place without obtaining a “permit to carry.” A permit

to carry is not required to carry the pistol in the following

situations:

in one’s home, place of business, or on one’s land;

< from the place of purchase to one’s home or place of business;

< from one’s home or place of business to a repair shop;

< between one’s home and place of business;

House Research Department September 1999

Minnesota Firearms Laws Page 8

< in the woods, fields, or on the waters of this state for

hunting or target shooting in a safe area; or

< in a motor vehicle, snowmobile, or boat if the pistol is

unloaded and in a secured box or package.

An application for a permit to carry may be made to the local

police chief or sheriff, setting forth personal information

about the applicant and containing a statement that the

applicant is not prohibited from possessing a pistol. The

application also must contain an authorization for the release

of relevant mental health commitment information to the

investigating law enforcement agency. The law enforcement

agency may charge a fee of up to ten dollars to cover the cost

of the background check, and may grant the permit only if:

< the applicant is not prohibited from possessing a pistol;

< the applicant has a firearms safety certificate or other

satisfactory proof of ability to safely use the pistol; and

< the applicant has an occupation or personal safety hazard

requiring the permit to carry.

If granted, the permit must specify the activities for which it

is valid. However, there may not be any restrictions on the

number of pistols the person may carry. If the application is

not granted or denied within 21 days, it is deemed granted.

Denials must be in writing and must specify the reasons for

the denial. A denial may be appealed to the local district

court.

(Gross Misdemeanor) The permit may be renewed annually. It becomes void if the

permit holder becomes prohibited from possessing a pistol

after the permit was issued. In such a case, the permit must

be returned to the issuing authority within five days and

failure to do so without good cause is a gross misdemeanor.

(Gross Misdemeanor) Any person who carries a pistol without a permit to carry or

who knowingly makes a false statement to obtain a permit to

carry is guilty of a gross misdemeanor.

(Felony) A second or subsequent offense is a five-year felony.

(Misdemeanor) In addition, it is a misdemeanor for a permit holder to engage

in activities other than those for which the permit was issued.

Minn. Stat. § 624.714

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Minnesota Firearms Laws Page 9

Eligibility to Possess a Firearm

Pistols or Assault Weapons:

Minors

No person under the age of 18 may possess a pistol or semiautomatic

military-style assault weapon unless the person:

< is in the actual presence or under the direct supervision of a parent or

guardian;

< is possessing the weapon for military drill purposes;

< is using the weapon in an approved and supervised

target practice range; or

< has completed a state-approved marksmanship and

safety program.

Minn. Stat. § 624.713

Firearms: Persons under

Age 16

No child under 16 years of age may possess a firearm

without being accompanied by a parent or guardian unless he

or she:

< is on the parent or guardian’s residential property;

< is participating in an adult-supervised target shooting

program;

< is participating in a firearms safety program or is

traveling to or from the program; or

< is 14 years old or older and has a firearms safety

certificate from the Department of Natural Resources.

Minn. Stat. § 97B.021

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Minnesota Firearms Laws Page 10

Firearms: Certain Convicted

Criminal Offenders

Convicted violent criminals. A person who has been

convicted of or adjudicated for a crime of violence

Minnesota or elsewhere may not possess a firearm unless ten

years have elapsed since the person was restored to civil

rights or the person’s sentence expired, whichever occurs

first, and during that time the person has not been convicted

of any other crime of violence. Minn. Stat. § 624.713

Other convicted felons. A person who has been convicted

of any other type of felony punishable by imprisonment for

more than one year may not possess a firearm unless the

person’s civil rights have been restored. Minn. Stat. §§

624.712, subd. 10; 624.713

Convicted drug offenders. No person who has been

convicted in Minnesota or elsewhere of a nonfelony-level

drug offense may possess a firearm unless the person

possesses a doctor’s certificate or other satisfactory proof

that the person has not abused drugs in the past two years.

Minn. Stat. § 624.713

Repeated assaults. No person who has been convicted of

assault in Minnesota or elsewhere within three years of a

previous assault conviction may possess a pistol unless three

years have elapsed since the date of conviction and, during

that time, the person has not been convicted of any other

assault crime. Minn. Stat. § 609.224, subd. 3

Domestic assault; order for protection violation. No

person who has been convicted of domestic assault in

Minnesota or elsewhere or of violating a domestic abuse

order for protection may possess a pistol unless three years

have elapsed since the date of conviction and, during that

time, the person has not been convicted of any other assault

crime or order for protection violation.

Additionally, if the

sentencing court determined that the person used a firearm in

any way during the commission of the domestic assault or

________________________

See page 35 for the definition of “crime of violence.”

House Research Department September 1999

Minnesota Firearms Laws Page 11

order for protection violation, the sentencing court may

prohibit the person from possessing any type of firearm for

at least three years and up to the remainder of the person’s

life. Minn. Stat. §§ 518B.01, subd. 14; 609.2242, subd. 3; 624.713

Stalking and harassment. No person who has been

convicted of a stalking or harassment crime may possess a

pistol unless three years have elapsed since the date of

conviction and, during that time, the person has not been

convicted of any other stalking or harassment crime.

Additionally, if the sentencing court determined that the

person used a firearm in any way during the commission of

the crime, the sentencing court may prohibit the person from

possessing any type of firearm for at least three years and up

to the remainder of the person’s life. Minn. Stat. § 609.749,

subd. 8

Firearms: Certain Offenders

Charged with Crimes or in

Pretrial Diversion Programs

A person who is presently charged with any felony

punishable by imprisonment for more than one year may not

receive, ship, or transport any pistol or semiautomatic

military-style assault weapon. A person who has been

charged with committing a crime of violence and placed in a

pretrial diversion program may not possess any type of

firearm until the person has completed the diversion program

and the criminal charges have been dismissed.

Minn. Stat. §

624.713

Firearms: Persons with a

History of Mental Illness or

Chemical Dependency

Mental illness or retardation. A person who has been

confined in a treatment facility under the civil commitment

law as mentally ill, mentally retarded, or mentally ill and

dangerous, or who has ever been found incompetent to stand

trial or not guilty by reason of mental illness may not possess

a firearm unless the person has a doctor’s certificate or other

satisfactory proof that the person is no longer suffering from

any of these disabilities.

__________________________

Federal law may prohibit firearm possession for longer than three years in cases of nonfelony domestic assault.

According to 18 U.S.C. §§ 921(a)(33) and 922(g), a person who has been convicted of misdemeanor-level

domestic assault may not possess any firearm unless the conviction has been expunged, a pardon has been

granted, or the person’s civil rights have been restored. Because Minnesota law neither takes away nor restores

civil rights due to nonfelony convictions, the effect of federal law is to prohibit persons convicted of

misdemeanor-level domestic assault from possessing firearms for the remainder of their lives, unless the

conviction is expunged or a pardon is granted.

House Research Department September 1999

Minnesota Firearms Laws Page 12

Chemical dependency. A person who has been committed

or confined as chemically dependent under the civil

commitment law may not possess a firearm unless the person

has completed treatment. No peace officer who has been

informally admitted as chemically dependent to a treatment

facility under the civil commitment law may possess a

firearm unless the peace officer has a certificate from the

head of the treatment facility discharging or provisionally

discharging the officer from the facility. Finally, no illegal

user of controlled substances may possess a firearm.

Drug dependency. A person who has been hospitalized or

committed for treatment for the habitual use of drugs may

not possess a firearm unless the person possesses a doctor’s

certificate or other satisfactory proof that the person has not

abused drugs in the past two years.

Minn. Stat. § 624.713

Firearms: Other Prohibited

Categories

In conformity with federal law,

Minnesota law prohibits the

following persons from possessing firearms in Minnesota:

fugitives from justice; illegal aliens; unlawful controlled

substance users; persons who have been judicially

committed as mentally ill, mentally retarded, or mentally ill

and dangerous; persons who have been dishonorably

discharged from the United States armed forces; and persons

who have renounced United States citizenship. Unlike other

possession prohibitions under state law, these restrictions are

lifetime bans. Minn. Stat. § 624.713, subd. 1(j)

Firearms: Nonresident Alien

A nonresident alien may not possess a firearm except to take

game as a nonresident under the game and fish laws.

Minn. Stat. § 624.719

________________________

See 18 U.S.C. § 922(g).

House Research Department September 1999

Minnesota Firearms Laws Page 13

Illegal Firearms

Silencers

(Felony)

It is a felony to sell or possess any device designed to muffle

or silence the discharge of a firearm. The maximum penalty

for this offense is two years imprisonment and/or a $5,000

fine; however, if the offense is committed in or near a

school, park, or public housing property, the maximum

penalty is five years imprisonment and/or a $10,000 fine.

Minn. Stat. § 609.66, subd. 1a

Machine Guns, Short-

barreled Shotguns, Machine

Gun Conversion Kits, and

Trigger Activators

(Felony)

It is a felony, with certain limited exceptions, to own,

possess, or operate a machine gun, short-barreled shotgun,

trigger activator, or machine gun conversion kit. The

maximum penalty for this offense is five years imprisonment

and/or a $10,000 fine. Minn. Stat. § 609.67

Saturday Night Specials

(Gross Misdemeanor)

It is a gross misdemeanor for a federally licensed firearms

dealer to sell or for any person to manufacture or assemble,

in whole or in part, a “Saturday night special” pistol. A

“Saturday night special”pistol means any pistol (other than

an antique firearm, air gun, or toy gun) that is made of any of

the following materials:

< any material having a melting point of less than 1,000

degrees Fahrenheit;

< any material having an ultimate tensile strength of less

than 55,000 pounds per square inch; or

< any powdered metal having a density of less than 7.5

grams per cubic centimeter.

Minn. Stat. §§ 624.712; 624.716

House Research Department September 1999

Minnesota Firearms Laws Page 14

Firearm Safety and Training Requirements

Transporting a Firearm in a

Motor Vehicle

No person may transport a firearm in a motor vehicle unless

the firearm is unloaded and in a closed gun case, or is

unloaded and in the closed trunk of the motor vehicle.

These requirements do not apply to pistols carried in

compliance with the carry permit requirements of the Gun

Control Act nor to disabled persons who transport the

firearm for hunting purposes in compliance with the game

and fish laws. Minn. Stat. § 97B.045

Transporting a Firearm in a

Private Airplane

No person may carry a firearm in a private airplane unless

the firearm is unloaded and in a closed gun case or is

unloaded and in the closed baggage area of the aircraft.

Exceptions apply to certain hunting activity otherwise

authorized by law and to pilots, law enforcement officers,

and military personnel who are engaged in official duties.

Minn. Stat. § 360.075, subd. 1

Firearms Dealer Security

Measures

All federally licensed firearms dealers who operate a retail

business establishment in which pistols are sold

(excluding the

dealer’s home)

must comply with certain security measures

designed to reduce the risk of burglary. These security

measures are established in statute and in standards adopted

by the Commissioner of Public Safety and are different for

small firearms dealers (up to 50 pistols displayed for sale at a

time) and large firearms dealers.

Minn. Stat. § 624.7161

House Research Department September 1999

Minnesota Firearms Laws Page 15

Duty to Render Aid to

Shooting Victim

A person who discharges a firearm and knows or should

know that the discharge has caused bodily harm to another

person must immediately investigate the extent of the

injuries and render immediate reasonable assistance to the

injured person. A person who violates this duty is subject to

criminal penalties that vary according to the extent of the

shooting victim’s injuries. A person who witnesses a

shooting incident is subject to the same duty to investigate

and render aid and is also subject to criminal penalties for

failing to do so.

Minn. Stat. § 609.662

Firearms Safety Course and

Certificate

The Commissioner of Natural Resources is responsible for

administering and supervising firearms safety courses

throughout the state which provide instruction in commonly

accepted principles of safety in hunting and handling

common hunting firearms. The commissioner must issue a

firearms safety certificate to a person who satisfactorily

completes the course. All persons born after December 31,

1979, must have a firearms safety certificate, an equivalent

certificate, or a previously issued hunting license as a

prerequisite to obtaining a hunting license in this state. A

firearms safety certificate may not be issued to a person

under 12 years old. Minn. Stat. §§ 97B.015; 97B.020

Replica Firearm Warning

Label

It is unlawful for a retailer to sell a replica firearm unless a

warning label is attached to the package advising buyers of

the criminal penalties that apply to the unlawful use of the

replica firearm. A “replica firearm” is a facsimile or toy

version of a firearm that reasonably appears to be an actual

firearm. Minn. Stat. § 325F.81

Innkeeper May Eject Guests

with Firearms

(Misdemeanor)

An innkeeper may remove or cause to be removed from the

hotel or refuse to admit any guest or other person who the

innkeeper reasonably believes has brought a firearm onto the

premises. It is a misdemeanor for any person to refuse to

depart from a hotel after having been requested to leave for

this reason.

Minn. Stat. § 327.73

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Minnesota Firearms Laws Page 16

Surety Bond for Carrying

Pistol or Other Dangerous

Weapon

A person who carries a pistol or other dangerous weapon

without reasonable cause to fear injury to person, property,

or family members may, upon the complaint of another

person having reason to fear injury or breach of the peace, be

required to post a surety bond for up to six months.

Minn. Stat. § 625.16

Firearms Training for Private

Detectives and Protective

Agents

An employee of a private detective or protective agent who

carries a weapon in the course of employment must

satisfactorily complete training in the safe use of firearms

and other weapons and in the legal limitations on the

justifiable use of force and deadly force.

Minn. Stat. §

326.3361

Peace Officer Training in

Firearms/Use of Deadly Force

All law enforcement agencies must establish and enforce a

written policy governing the lawful use of force and deadly

force by its peace officers and part-time peace officers. All

law enforcement agencies must also provide instruction in

the use of force, deadly force, and firearms to all peace

officers who are beginning employment with the agency.

This instruction must occur before the officer is issued a

firearm and allowed to carry it for employment purposes.

Additionally, continuing education instruction on these

matters must be provided to the agency’s peace officers and

part-time peace officers at least annually. Minn. Stat.

§ 626.8452

Employment-related Firearms Requirements

Criminal Background Check

for Human Services License

A person who has been convicted of certain crimes is

disqualified from obtaining a foster care or day care license

for a certain period of time after sentence discharge. The

disqualification period for persons convicted of a weapon-

related crime, such as unlawful use or possession of a

dangerous weapon under Minnesota Statutes, section 609.66,

setting a spring gun under Minnesota Statutes, section

609.665, or possessing or operating a machine gun or short-

barreled shotgun under Minnesota Statutes, section 609.67,

ranges from seven to 15 years.

Minn. Stat. § 245A.04

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Minnesota Firearms Laws Page 17

Criminal Background Check

for Gambling Licenses

Criminal background checks must be conducted on

applicants for the following types of gambling licenses:

gambling equipment distributor licenses, gambling

equipment manufacturer licenses, bingo hall licenses, and

lawful gambling manager licenses. A prior conviction for

any criminal violation involving the use of a firearm

disqualifies an individual from receiving any of these

licenses.

Minn. Stat. §§ 299L.07; 349.155

Criminal Background Check

of Private Detective and

Protective Agency Employees

Applicants for a private detective or protective agent license

and employees of such business entities must submit to a

criminal background check as a prerequisite to licensure or

employment. Additionally, an applicant for employment as a

security guard must submit to a criminal background check

as a prerequisite to employment. A prior conviction for,

among other things, the crime of unlawfully carrying a

weapon will disqualify a license applicant or prospective

employee from these occupations. Minn. Stat. §§ 326.336;

326.3381

Licensed Peace Officers

Authorized to Carry

Firearms

No individual employed or acting as an agent of a political

subdivision may carry a firearm while on duty unless the

individual is licensed as a peace officer or a part-time peace

officer. Reserve officers and deputy constables are

specifically prohibited from carrying a firearm while on duty.

Minn. Stat. §§ 626.84; 367.40

Reporting and Data Requirements

Data on Purchase and

Transfer of Firearms

All data relating to the purchase and transfer of firearms and

applications for a permit to carry a firearm that are collected

by government agencies are classified as private data under

the Data Practices Act. Minn. Stat. § 13.36

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Minnesota Firearms Laws Page 18

Arrest Data and Response or

Incident Data

Data collected by law enforcement agencies pursuant to an

arrest, a response to a request for service, or a law

enforcement action taken at the agency’s own initiative are

classified as public data, including whether any weapons

were used by the agency or other individual. Minn. Stat. §

13.82, subds. 2 and 4

Identification Data from

Local Law Enforcement

Agencies

All law enforcement agencies must collect identification data

about arrested persons and forward it to the Bureau of

Criminal Apprehension. The data must include, among

other things, information regarding whether the arrested

individual was carrying a concealed firearm or other

dangerous weapon at the time of the arrest.

Minn. Stat. §

299C.10

Reports of Dangerous

Weapon Incidents on School

Property

Each elementary and secondary school must file a report

with the Commissioner of Children, Families and Learning

twice a year documenting incidents involving the use of a

dangerous weapon on school property or on school buses

while the bus is transporting students. The report must,

among other things, describe the type of dangerous weapon

used in the incident. The commissioner must compile this

information and report it annually to the Commissioner of

Public Safety, the Criminal and Juvenile Justice Information

Policy Group, and the legislature. Minn. Stat. § 121A.06

Reports on Criminal Cases

Involving a Firearm

Every county attorney must collect information on

prosecutions involving the use or possession of a firearm to

which the mandatory minimum sentencing law (Minn. Stat.

§ 609.11) applies. The information must include: whether

the case was charged or dismissed, whether the defendant

was convicted, and whether the mandatory minimum

sentence was imposed or waived. The information must be

forwarded annually to the Sentencing Guidelines

Commission and the commission must publish a summary

and analysis of the data in its annual report.

Minn. Stat. §§

244.09; 609.11

The Office of Strategic and Long-Range Planning must

report to the legislature annually on the number of persons

arrested, charged, convicted, and sentenced for firearms-

related violations. Minn. Stat. § 4A.06

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Minnesota Firearms Laws Page 19

Report of Firearm Discharge

by Security Guard

Each discharge of a firearm by a security guard in the course

of employment, other than for training purposes, must be

reported to the local sheriff or chief of police. These reports

must be forwarded to the Bureau of Criminal Apprehension

which must publish a summary of the reports annually.

Minn. Stat. § 299C.22

Report of Health

Professionals on Gunshot

Wounds

All health professionals must immediately report to the local

police department or sheriff any gunshot wound that the

health professional is called upon to treat or bandage. The

law enforcement agency must investigate the circumstances

under which the gunshot wound occurred. If the gunshot

wound occurred in connection with hunting or target

shooting, the results of the investigation must be reported to

the Commissioner of Natural Resources.

Minn. Stat.

§§ 626.52; 626.553

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Minnesota Firearms Laws Page 20

Report of Firearm Discharge

by Peace Officer

Each discharge of a firearm by a peace officer, other than for

training purposes or to kill a sick, injured, or dangerous

animal, must be reported to the Commissioner of Public

Safety. The commissioner must forward the report to the

Board of Peace Officer Standards and Training. The report

must detail the reason for and the circumstances surrounding

the firearm discharge. The Commissioner of Public Safety

must report summary information regarding these firearm

discharges annually to the legislature. Minn. Stat. § 626.553

Regulation of Firearms by Local Governments

State Law Preemption of

Local Firearm Regulations

State law preempts all authority of local governments to

regulate firearms, ammunition, or their respective

components, except for the following regulations:

< local governments may regulate the discharge of

firearms;

< local governments may adopt regulations identical to

state law;

< school districts may regulate conduct involving

firearms and ammunition occurring on school grounds,

in school buildings and buses, and during school

programs and activities; and

< local governments may adopt zoning ordinances

governing the location of businesses where firearms are

sold by a federally licensed firearms dealer.

Minn. Stat. §§ 471.633 to 471.635

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Minnesota Firearms Laws Page 21

Crimes Relating to Firearms

Note: Many of the criminal offenses described in this section also cover other prohibited acts

that do not involve the possession or use of a firearm.

Bringing a Firearm into a

Correctional Facility or State

Hospital

(Felony)

Any person who brings or sends a firearm, weapon, or

explosive into a state or local correctional facility or into a

state hospital without the consent of the facility head is

guilty of a felony. Maximum penalty: five years

imprisonment (local facility) or ten years imprisonment

(state facility).

Minn. Stat. §§ 243.55; 641.165

Discharge over Cemetery

Grounds

(Gross Misdemeanor)

It is a gross misdemeanor to discharge a firearm upon or over

the grounds of a cemetery or authenticated Indian burial

ground without authority from the cemetery trustees, state

archaeologist, or Indian Affairs Intertribal Board.

Minn. Stat. § 307.08

Discharge from an Airplane

(Misdemeanor)

It is a misdemeanor to discharge a firearm in or from any

airplane unless the discharge is permitted by state hunting

laws or the person discharging the firearm is the pilot, a

peace officer, or a member of the military engaged in the

performance of duty. Minn. Stat. § 360.075

Mandatory Minimum

Sentences for Certain

Felonies Committed with a

Firearm

A person who is convicted of a violent felony or a felony-

level drug offense must be sentenced to a mandatory

minimum prison sentence if the person or an accomplice

possessed or used a firearm to commit the offense. The

mandatory minimum prison sentence is three years for a

first-time offense and five years if the person has a previous

conviction for possessing or using a firearm during the

commission of one of these offenses. The law contains

procedures allowing the judge or the prosecutor to waive the

mandatory minimum sentence when mitigating

circumstances are present; however, the mandatory

minimum sentence may not be waived for persons who are

repeat offenders subject to the five-year minimum. Minn.

Stat. § 609.11

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Minnesota Firearms Laws Page 22

Possession of Firearm by

Convicted Violent Offender;

Mandatory Minimum

Sentence

(Felony)

A person who has been convicted of a crime of violence

who ships, transports, possesses, or receives a firearm during

the ten-year period following restoration of civil rights or

sentence discharge is guilty of a felony. Maximum penalty:

15 years imprisonment and/or $30,000 fine. The person also

may be sentenced for any other offense committed during the

same behavioral incident.

In addition, a person who commits this crime before January

1, 1998, must be sentenced to a mandatory minimum prison

sentence of 18 months for a first-time offense and five years

for a second or subsequent offense. A person who commits

this crime on or after January 1, 1999, must be sentenced to

prison for at least five years, regardless of whether the

offense is a first-time or subsequent violation.

Minn. Stat. §§ 609.035; 609.11; 609.165

Murder in the First Degree

(Felony)

A person commits murder in the first degree if the person

intentionally causes a death in the course of committing a

drive-by shooting crime. Penalty: life imprisonment.

Minn. Stat. § 609.185

Murder in the Second Degree

(Felony)

A person commits murder in the second degree if the person

unintentionally causes a death in the course of committing a

drive-by shooting crime. Maximum penalty: 40 years

imprisonment. Minn. Stat. § 609.19

Manslaughter in the Second

Degree

(Felony)

A person commits manslaughter in the second degree if the

person causes the death of another person or that of an

unborn child by: (1) shooting another with a firearm or other

dangerous weapon as a result of negligently believing the

victim to be a deer or other animal; or (2) setting a spring

gun or other similar dangerous weapon or device. Maximum

penalty: ten years imprisonment and/or $20,000 fine.

Minn. Stat. §§ 609.205; 609.2665

Assault in the Second Degree

(Felony)

A person commits assault in the second degree if the person

assaults another with a dangerous weapon. Maximum

penalty: ten years imprisonment and/or $20,000 if substantial

bodily harm to the victim results; otherwise seven years

imprisonment and/or $14,000 fine. Minn. Stat. § 609.222

See page 35 for the definition of “crime of violence.”

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Minnesota Firearms Laws Page 23

Aggravated Robbery

(Felony)

A person commits aggravated robbery in the first degree if

the person commits a robbery while armed with a dangerous

weapon or any article used or fashioned in a manner to lead

the victim to reasonably believe it to be a dangerous weapon.

Maximum penalty: 20 years imprisonment and/or $35,000

fine.

A person commits aggravated robbery in the second degree

if the person commits a robbery and implies, by word or act,

possession of a dangerous weapon. Maximum penalty: 15

years imprisonment and/or $30,000 fine. Minn. Stat. § 609.245

Depriving Another of

Custodial or Parental Rights

(Felony)

A person who deprives another of parental or custodial rights

to a child by concealing, taking, or failing to return the child

to the child’s parent or lawful custodian is subject to an

increased criminal penalty if the person possessed a

dangerous weapon while committing the criminal act.

Maximum penalty: four years imprisonment and/or $8,000

fine. Minn. Stat. § 609.26

Criminal Sexual Conduct in

the First and Second Degree

(Felony)

A person commits criminal sexual conduct in the first or

second degree if the person engages in sexual conduct with

another while armed with a dangerous weapon and uses the

weapon to cause the victim to submit. Maximum penalty: 30

years imprisonment and/or $40,000 fine (first degree; sexual

penetration); 25 years imprisonment and/or $35,000 fine

(second degree; sexual contact).

Minn. Stat. §§ 609.342;

609.343

Child Endangerment; Access

to Firearms

(Gross Misdemeanor)

It is a gross misdemeanor to intentionally or recklessly cause

a child under the age of 14 to be placed in a situation likely

to substantially harm the child’s physical health or cause the

child’s death as a result of the child’s access to a loaded

firearm. It is also a gross misdemeanor to negligently store

or leave a loaded firearm in a location where the person

knows or should know that a child under the age of 18 is

likely to gain access, unless reasonable steps are taken to

secure the firearm against access by the child.

Minn. Stat. §§ 609.378, subd. 1; 609.666

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Minnesota Firearms Laws Page 24

Obstruction of Legal Process

or Arrest

(Felony)

A person who obstructs legal process or obstructs, resists, or

interferes with a peace officer while the officer is performing

official duties is subject to an increased penalty if the person

takes or attempts to take the peace officer’s firearm from the

officer’s possession without the officer’s consent.

Maximum penalty: five years imprisonment and/or $10,000

fine.

Minn. Stat. § 609.50

Theft of a Firearm

(Felony)

A person who commits theft is subject to an increased

penalty if the property stolen was a firearm. Maximum

penalty: 20 years imprisonment and/or $35,000 fine.

Minn. Stat. § 609.52

Burglary

(Felony)

A person who commits a burglary is subject to an increased

penalty if the person committed the offense while possessing

a dangerous weapon or another article used or fashioned in a

manner to lead the victim to reasonably believe it to be a

dangerous weapon. Maximum penalty: 20 years

imprisonment and/or $35,000 fine. Minn. Stat. § 609.582

Dangerous Weapon Offenses

The following crimes involving firearms are misdemeanors;

except that they are gross misdemeanors if the act was

committed on or near a school, park, or public housing

property:

(Misdemeanor/

Gross Misdemeanor)

< recklessly handling or using a gun so as to endanger the

safety of another;

< intentionally pointing a gun, whether loaded or

unloaded, at another; and

< furnishing a child under the age of 14 with a firearm or

ammunition outside a municipality and without

parental or guardian consent.

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Minnesota Firearms Laws Page 25

(Gross Misdemeanor) It is a gross misdemeanor for a person, other than a federally

licensed firearms dealer, to transfer a pistol or semiautomatic

military-style assault weapon to another without complying

with the transfer requirements of the Gun Control Act if the

transferee possesses or uses the firearm within the next year

in furtherance of a felony crime of violence, and if the

transferee was prohibited from possessing the weapon at the

time of the transfer or it was reasonably foreseeable at the

time of the transfer that the transferee was likely to use or

possess the firearm in furtherance of a felony crime of

violence.

(Felony) The following crimes are felonies, punishable by various

maximum penalties, depending on the offense:

< selling or possessing a silencer;

< intentionally discharging a firearm under circumstances

that endanger the safety of another;

< recklessly discharging a firearm within a municipality;

< furnishing a minor with a firearm or ammunition within

a municipality and without prior parental or guardian

consent or the consent of the local police department;

< recklessly furnishing another with a dangerous weapon

in conscious disregard of a known substantial risk that

the weapon will be used in furtherance of a violent

felony;

< possessing, storing, or keeping a dangerous weapon, or

using or brandishing a replica firearm or BB gun on

elementary or secondary school property or in a school

bus while it is transporting students (certain exceptions

apply);

< recklessly discharging a firearm at or toward a person,

motor vehicle, or building while in or having just exited

from a motor vehicle; and

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Minnesota Firearms Laws Page 26

< possessing a dangerous weapon, ammunition, or

explosives within any courthouse complex or any state

building within the capitol complex area (other than the

National Guard Armory), unless included within a

specified exception.

Minn. Stat. § 609.66

Removal or Alteration of

Firearm Serial Number

(Felony)

Whoever obliterates, removes, or alters the serial number of

a firearm, or receives or possesses a firearm, whose serial

number has been obliterated, altered, or removed is guilty of

a felony. Maximum penalty: five years imprisonment and/or

$10,000 fine. Minn. Stat. § 609.667

Set Guns, Swivel Guns, and

Spring Guns

(Gross Misdemeanor)

Whoever takes deer with the assistance of a set gun or swivel

gun is guilty of a gross misdemeanor. Whoever sets a spring

gun may be sentenced to up to six months imprisonment

and/or up to a $700 fine. Minn. Stat. §§ 97B.321; 609.661;

609.665

Riot in the First or Second

Degree

(Felony)

A person who commits the crime of riot is subject to

increased penalties if the person is armed with a dangerous

weapon during commission of the crime. Maximum penalty:

20 years imprisonment and/or $35,000 if a death results;

otherwise five years imprisonment and/or $10,000 fine.

Minn. Stat. § 609.71

Terroristic Threats

(Gross Misdemeanor)

A person commits the crime of terroristic threats if the

person displays, exhibits, brandishes, or otherwise employs a

replica firearm or a BB gun in a threatening manner and

causes or attempts to cause terror in another person or acts in

reckless disregard of the risk of causing such terror.

Maximum penalty: one year imprisonment and/or $3,000

fine.

Minn. Stat. § 609.713

Harassment

(Felony)

A person who commits the crime of harassment is subject to

an increased penalty if the person possesses a dangerous

weapon at the time of the offense. Minn. Stat. § 609.749

Shooting at a Railroad Train

(Gross Misdemeanor)

A person who intentionally shoots a firearm at any portion of

a railroad train so as to endanger the safety of another is

guilty of a gross misdemeanor. Minn. Stat. § 609.85

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Minnesota Firearms Laws Page 27

Shooting at or in a Public

Transit Vehicle or Facility

(Felony)

A person who recklessly discharges a firearm at or in any

portion of a public transit vehicle or transit facility is guilty

of a felony. Maximum penalty: five years imprisonment

and/or $10,000 fine if the vehicle or facility is occupied by

any person other than the offender; otherwise, three years

imprisonment and/or $6,000 fine. Minn. Stat. § 609.855

Dangerous Exhibitions

(Gross Misdemeanor)

It is a misdemeanor to aim a firearm or allow a firearm to be

aimed at any person as part of an exhibition of skill in a

place of amusement or other place or building. Minn. Stat. §

624.63

Carrying a BB Gun, Rifle, or

Shotgun in a Public Place

(Felony;

Gross Misdemeanor)

A person who carries a BB gun, rifle, or shotgun in a public

place is guilty of a gross misdemeanor, unless the act is

included in one of several statutory exceptions. If the person

is under the age of 21 and carries an semiautomatic military-

style assault weapon in a public place, the penalty becomes a

felony punishable by up to five years imprisonment and/or

$10,000 fine.

Minn. Stat. § 624.7181

Forfeiture and Confiscation of Firearms

Firearm Knowingly Used to

Commit Hunting Law

Violation

A conservation officer may seize a firearm that is used with

the owner’s knowledge to unlawfully take wild animals. The

firearm may be confiscated administratively if the person is

convicted of the hunting violation and the firearm’s value is

less than $1,000. If the firearm’s value is greater, a judicial

forfeiture process must be followed. Minn. Stat. §§ 97A.221;

97A.225

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Minnesota Firearms Laws Page 28

Firearm Unlawfully Possessed

by Person under Age 16

If a firearm is unlawfully possessed by a person under age

16, a law enforcement officer must seize the firearm and

place it in the custody of the local conservation officer. The

firearm must be returned to the person from whom it was

seized if the person presents a firearms safety certificate to

the conservation officer. Such a certificate must be

presented within 90 days after the start of the first firearms

training course offered in the county after the seizure. If not,

the firearm becomes contraband and is forfeited to the state.

Minn. Stat. § 97B.021

Weapons Used to Commit a

Crime

Any weapon used in furtherance of any criminal code

violation, controlled substance offense, domestic abuse order

for protection violation, or violation of chapter 624 is

contraband and may be summarily (i.e., without a judicial

proceeding) forfeited by the law enforcement agency upon

the owner’s or possessor’s conviction for the crime. If the

forfeited weapon is an assault weapon, the law enforcement

agency must either destroy it or keep it for official use. If it

is an antique, the agency may sell it at a public sale. If the

firearm is neither of the foregoing, the agency may destroy it,

keep it for official use, or sell it to a federally licensed

firearms dealer.

Minn. Stat. §§ 609.5315; 609.5316

Weapons and Ammunition

Found in Proximity to Drugs

Firearms, ammunition, and firearms accessories may be

forfeited administratively if they are found:

< in a conveyance device used or intended for use to

commit a felony drug offense;

< on or in proximity to a person from whom a felony-

level amount of drugs was seized; or

< on the premises where drugs were seized and in

proximity to the drugs, if the possession or sale of the

drugs would be a felony offense.

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Minnesota Firearms Laws Page 29

The law enforcement agency is permitted to seize the

property immediately and send a notice to the owner stating

that the property will be forfeited unless the property

claimant files a demand within 60 days for a judicial

forfeiture hearing. If the demand is filed, the judicial

forfeiture procedures must be followed. If no demand for

judicial forfeiture is filed, the property is forfeited.

Minn. Stat. § 609.5314

__________________________

In Hennepin and Ramsey Counties, the county board is authorized by statute to disapprove of the sale of

forfeited firearms to firearms dealers.

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Minnesota Firearms Laws Page 30

Firearms Used to Commit

Domestic Assault,

Harassment, Stalking, or

Order for Protection

Violation

When a person is convicted of domestic assault, harassment

or stalking, or a domestic abuse order for protection

violation, the court must determine whether the defendant

used a firearm in any way during commission of the offense.

If so, the court must order that the firearm be summarily

forfeited. Minn. Stat. §§ 518B.01, subd. 14; 609.2242, subd. 3;

609.749, subd. 8

Possession of Firearm by

Nonresident Alien

A nonresident alien may not possess a firearm except to take

game as a nonresident under the game and fish laws. A

firearm possessed in violation of this provision is contraband

and may be confiscated.

Minn. Stat. § 624.719

Surrender of Firearm as a

Condition of Pretrial Release

When a person is arrested for committing a crime against the

person, the judge before whom the arrested person is taken

may order, as a condition of pretrial release, that the person

surrender to the local law enforcement agency all firearms,

destructive devices, and other dangerous weapons he or she

owns or possesses. If the charges are not filed or are

dismissed, or if the person is acquitted, the weapons must be

returned. Minn. Stat. § 629.715

Firearms Laws Affecting Minors

Hunting Licenses

A person under the age of 16 may not obtain a small game

license but may take small game by using a firearm if the

person is a resident:

< age 14 or 15 who possesses a firearms safety certificate;

< age 13 who possesses a firearms safety certificate and is

accompanied by a parent or guardian; or

< age 12 or under who is accompanied by a parent or

guardian.

Minn. Stat. § 97A.451

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Minnesota Firearms Laws Page 31

Possession of a Pistol or

Assault Weapon by a Minor

No person under the age of 18 may possess a pistol or

semiautomatic military-style assault weapon unless the

person (a) is in the actual presence or under the direct

supervision of a parent or guardian, (b) is possessing the

weapon for military drill purposes, (c) is using the weapon in

an approved and supervised target practice range, or (d) has

completed a state-approved marksmanship and safety

program. Minn. Stat. § 624.713

Possession of a Firearm by a

Person under Age 16

No child under 16 years of age may possess a firearm

without being accompanied by a parent or guardian unless he

or she (a) is on the parent or guardian’s residential property,

(b) is participating in an adult-supervised target shooting

program, (c) is participating in a firearms safety program or

is traveling to or from the program, or (d) is 14 years old or

older and has a firearms safety certificate from the

Department of Natural Resources. (The possession of pistols

and semiautomatic military-style assault weapons by a minor

is governed by Minnesota Statutes, section 624.713.)

Minn. Stat. § 97B.021

Certification to Adult Court

for Firearms Offenses

The law presumes that a juvenile court proceeding shall be

certified to adult court for criminal prosecution if the

juvenile was 16 or 17 years old at the time of the alleged

offense and if the court finds probable cause to believe the

juvenile used a firearm to commit a felony offense. Minn.

Stat. § 260B.125

Committing a Delinquent Act

with a Firearm

If a juvenile is adjudicated delinquent for committing an

unlawful act, the juvenile court must determine whether the

juvenile possessed a firearm at the time of the offense, the

court must order immediate seizure of the firearm and must

order the juvenile to perform at least 100 hours of

community work service unless the juvenile is placed out-of-

home in a residential treatment program or juvenile

correctional facility. Furthermore, if the court finds that the

juvenile committed the unlawful act on school property or in

a school bus and possessed any type of dangerous weapon at

the time of the offense, the court must order that the

juvenile’s driver’s license be canceled or driving privileges

denied until the juvenile’s 18th birthday.

Minn. Stat. § 260B.198, subd. 2

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Minnesota Firearms Laws Page 32

Expulsion from School for

Possession of Firearm

If a juvenile is found to have brought a firearm to school, the

school board is required to expel the juvenile for at least one

year. The board is permitted to modify this expulsion

requirement on a case-by-case basis. Minn. Stat. § 121A.44

Referral of Firearm

Possessors to Criminal or

Juvenile Justice System

Every school board must have a policy requiring school

authorities to refer to the criminal or juvenile justice system

any pupil who unlawfully brings a firearm to school.

Minn. Stat. § 121A.05

Peace Officer Records and

Juvenile Court Disposition

Orders Transmitted to School

Authorities

A law enforcement agency must notify school authorities

when the agency has probable cause to believe a juvenile

enrolled in the school has committed an offense involving

the use or possession of a dangerous weapon. Additionally,

a juvenile offender’s probation officer must transmit a copy

of the juvenile court’s disposition order to school authorities

when a juvenile enrolled in the school is adjudicated

delinquent for any act involving the possession or use of a

dangerous weapon. Minn. Stat. § 260B.171

Child Endangerment; Access

to Firearms

(Gross Misdemeanor)

(Petty Misdemeanor)

It is a gross misdemeanor to intentionally or recklessly cause

a child under the age of 14 to be placed in a situation likely

to substantially harm the child’s physical health or cause the

child’s death as a result of the child’s access to a loaded

firearm. It is also a gross misdemeanor to negligently store

or leave a loaded firearm in a location where the person

knows or should know that a child under the age of 18 is

likely to gain access, unless reasonable steps are taken to

secure the firearm against access by the child. Firearms

dealers must post a conspicuous warning to firearms

purchasers advising them of these criminal penalties. A

dealer who fails to do so is guilty of a petty misdemeanor.

Minn. Stat. §§ 609.378, subd. 1; 609.666; 624.7162

Furnishing a Minor with a

Firearm

(Misdemeanor)

It is a misdemeanor to furnish a child under the age of 14

with a firearm or ammunition outside a municipality and

without parental or guardian consent.

(Gross Misdemeanor) The crime becomes a gross misdemeanor if the act occurs on

or near school property, park property, or public housing

property.

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Minnesota Firearms Laws Page 33

(Felony) Within a municipality, it is a ten-year felony to furnish a

minor with a firearm or ammunition without the prior

consent of the minor’s parent or guardian or of the local

police department. Minn. Stat. § 609.66, subds. 1 and 1c

Display of Handgun

Ammunition

(Petty Misdemeanor)

It is a petty misdemeanor to display handgun ammunition for

sale to the public in a manner that makes the ammunition

directly accessible to minors who are not employees or

agents of the store, unless the ammunition is under

observation by store employees or the store takes reasonable

steps to exclude minors from the vicinity of the ammunition

display. Ammunition that is displayed in an enclosed

display case or behind a counter is not directly accessible to

minors. Minn. Stat. § 609.663

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Minnesota Firearms Laws Page 34

Department of Natural Resources; Selected Regulations

Careless Use of Firearm; Fire

Hazard

(Misdemeanor)

It is a misdemeanor to carelessly use a firearm and, thereby,

start a fire that endangers or causes damage to the property

of another person or the state. Minn. Stat. § 88.195, subd. 4

Hunting on Game Refuges

Unless specifically authorized by the Commissioner of

Natural Resources, no person may take a wild animal, except

fish, within a state game refuge, nor may any person carry a

firearm within a refuge unless the firearm is unloaded and

either contained in a gun case or broken down.

Minn. Stat. § 97A.091

Firearm; Hunting Law

Violation

A conservation officer may confiscate a firearm that is used

with the owner’s knowledge to unlawfully take wild animals.

Minn. Stat. § 97A.221

Firearms Inspection

(Misdemeanor)

It is a misdemeanor to refuse to submit to an inspection of

one’s firearm by a conservation officer while in the field. A

violator may also be subject to civil damages and injunctive

relief.

Minn. Stat. §§ 97A.251; 97A.301

Hunting Prohibited in

Certain Areas

A person may not take a wild animal with a firearm in the

following areas:

< within 500 feet of a building located on private

agricultural land or on a public right-of-way if the

building is occupied by human beings or livestock,

unless the written permission of the owner, occupant,

or lessee is obtained;

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Minnesota Firearms Laws Page 35

< within 500 feet of a stockade or corral containing

livestock, without the written permission of the owner,

occupant, or lessee; or

< on any land on which notices have been posted

prohibiting trespassing for outdoor recreational

purposes without the permission of the owner,

occupant, lessee, or authorized manager.

Minn. Stat. § 97B.001, subd. 7

Firearms Safety Course and

Certificate

The Commissioner of Natural Resources is responsible for

administering and supervising firearms safety courses

throughout the state which provide instruction in commonly

accepted principles of safety in hunting and handling

common hunting firearms. The commissioner shall issue a

firearms safety certificate to a person who satisfactorily

completes the course. All persons born after December 31,

1979, must have a firearms safety certificate, an equivalent

certificate, or a previously issued hunting license as a

prerequisite to obtaining a hunting license in this state. A

firearms safety certificate may not be issued to a person

under 12 years old.

Minn. Stat. §§ 97B.015; 97B.020

Possession of a Firearm by a

Person under Age 16

No child under 16 years of age may possess a firearm

without being accompanied by a parent or guardian unless he

or she (a) is on the parent or guardian’s residential property,

(b) is participating in an adult-supervised target shooting

program, (c) is participating in a firearms safety program or

is traveling

to or from the program, or (d) is 14 years old or older and

has a firearms safety certificate from the Department of

Natural Resources. (The possession of pistols and

semiautomatic military-style assault weapons by a minor is

governed by Minnesota Statutes, section 624.713.)

Minn. Stat. § 97B.021

Transporting a Firearm in a

Motor Vehicle

No person may transport a firearm in a motor vehicle unless

the firearm is unloaded and in a closed gun case, or is

unloaded and in the closed trunk of the motor vehicle. These

requirements do not apply to pistols carried in compliance

with the Gun Control Act nor to disabled persons who

transport the firearm for hunting purposes in compliance

with the game and fish laws. Minn. Stat. § 97B.045

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Minnesota Firearms Laws Page 36

No Discharging Firearms

No person may discharge a firearm at a big game animal or

decoy on or across an improved public highway or within the

right-of-way of an improved public highway. Unless the

person has a special permit, no person may take a wild

animal with a firearm from a motor vehicle. Minn. Stat. §

97B.055

No Hunting while Intoxicated

(Gross Misdemeanor)

It is a gross misdemeanor to take wild animals with a firearm

while under the influence of alcohol or a controlled

substance. A person who is convicted of this offense is

ineligible to have a firearms hunting license for five years.

Minn. Stat. §§ 97B.065; 97A.421

No Hunting between Evening

and Morning

A person may not take protected wild animals, except

raccoon and fox, with a firearm between the evening and

morning hours set by the Commissioner of Natural

Resources, except that big game and, until 2001, waterfowl,

may be taken from one-half hour before sunrise until one-

half hour after sunset.

Minn. Stat. § 97B.075

No Artificial Lights to Locate

Wild Animals

A person may not, while possessing a loaded firearm, use an

artificial light to spot, locate, or take a wild animal unless the

person is taking raccoons or tending traps in accordance with

law. Minn. Stat. § 97B.081

No Hunting Big Game by

Archery; Possession of

Firearm

A person may not take big game by archery while in

possession of a firearm with one exception: a person may

take bear by archery while possessing a firearm.

Minn. Stat. § 97B.211

No Snares, Traps, Set Guns,

and Swivel Guns

A person may not take deer with the aid of a snare, trap, set

gun, or swivel gun. Minn. Stat. § 97B.321

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Minnesota Firearms Laws Page 37

Miscellaneous Firearms-related Laws

Definition of Crime of

Violence

The term “crime of violence” includes: murder in the first,

second, and third degrees; manslaughter in the first and

second degrees; aiding suicide; aiding attempted suicide;

felony violations of assault in the first, second, third, and

fourth degrees; assaults motivated by bias; drive-by

shootings; terroristic threats; use of drugs to injure or to

facilitate crime; crimes committed for the benefit of a gang;

commission of a crime while wearing or possessing a bullet-

resistant vest; simple robbery; aggravated robbery;

kidnapping; false imprisonment; criminal sexual conduct in

the first, second, third, and fourth degrees; theft of a firearm;

felony theft involving the intentional taking or driving of a

motor vehicle without the consent of the owner or the

authorized agent of the owner; felony theft involving the

taking of property from a burning, abandoned, or vacant

building, or from an area of destruction caused by civil

disaster, riot, bombing, or the proximity of battle; felony

theft involving the theft of a controlled substance, an

explosive, or an incendiary device; arson in the first and

second degrees; riot; burglary in the first, second, third, and

fourth degrees; harassment and stalking; shooting at a public

transit vehicle or facility; reckless use of a gun or dangerous

weapon; intentionally pointing a gun at or towards a human

being; setting a spring gun; unlawfully owning, possessing,

or operating a machine gun or short-barreled shotgun;

felony-level malicious child punishment, child neglect, or

child endangerment; and all felony-level drug crimes.

Minn.

Stat. § 624.712, subd. 5

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Minnesota Firearms Laws Page 38

Definition of Dangerous

Weapon

“Dangerous weapon” means:

< any firearm, whether loaded or unloaded;

< any device designed as a weapon and capable of

producing death or great bodily harm;

< any combustible or flammable liquid or other device or

instrumentality that, in the manner it is used or intended

to be used, is calculated or likely to produce death or

great bodily harm; or

< any fire that is used to produce death or great bodily

harm.

Minn. Stat. § 609.02, subd. 6

Definition of Deadly Force

“Deadly force” means force which the actor uses with the

purpose of causing, or which the actor should reasonably

know creates a substantial risk of causing, death or great

bodily harm. The intentional discharge of a firearm in the

direction of another person, or at a vehicle in which another

person is believed to be, constitutes deadly force.

Minn. Stat. § 609.066, subd. 1

Definition of Firearm

"Firearm” means a gun that discharges a projectile or shot by

means of an explosive, a gas, or compressed air.

Minn. Stat. § 97A.015

Permissive Inference of

Firearm Possession in Motor

Vehicle

The presence of a firearm in a passenger automobile permits

the factfinder to infer knowing possession of the firearm by

the driver or person in control of the automobile. This

permissive inference does not apply:

< to a licensed operator of an automobile who is at the

time operating it for hire in the lawful and proper

pursuit of the operator’s trade;

< to any person in the automobile if one of them legally

possesses a firearm; or

< when the firearm is concealed on the person of one of

the occupants.

Minn. Stat. § 609.672

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Minnesota Firearms Laws Page 39

Attorney General May Assist

City Attorneys in Prosecuting

Firearms Offenses

A city attorney in the metropolitan area may request the

attorney general to assist in the prosecution of nonfelony

firearms offenses. Minn. Stat. § 487.25

Landlord-Tenant Lease

Covenant

Every lease of residential property contains an implied

covenant that neither the landlord nor tenant will allow the

unlawful use or possession of a firearm on the premises, in

the common areas of the building, or in the area immediately

outside the building. Violation of this covenant may be

deemed a violation of the lease.

Minn. Stat. § 504B.171