Gun Crimes in Minnesota: Possession, Carry, and Weapons Charges

The Second Amendment Background

The U.S. Supreme Court has held that the Second Amendment protects an individual right to keep and bear arms (District of Columbia v. Heller), and that this right applies to the states (McDonald v. City of Chicago). More recently, New York State Rifle & Pistol Association v. Bruen (2022) changed how courts evaluate gun laws, requiring the government to show a regulation is consistent with the nation's historical tradition of firearm regulation. But the right is not unlimited - longstanding prohibitions, such as barring possession by felons, remain valid, and Minnesota's felon-in-possession ban has been upheld.

Carrying Without a Permit

In Minnesota, you generally need a permit to carry a pistol in public. Carrying, holding, or possessing a pistol in a vehicle or in a public place without a permit is a gross misdemeanor for a first offense, and a felony for a second or subsequent offense.

Some key points:

• Knowing possession is required. Even though the statute doesn't say "knowingly," courts require the state to prove you knowingly possessed the weapon.
• Having a permit but not carrying the card is only a petty misdemeanor, and the charge must be dismissed if you show you were authorized.
• A "BB gun" can count as a "firearm" under the carry statute, even though it isn't a "pistol" under other provisions.

Common Exceptions to the Permit Requirement

It's generally lawful, without a permit, to keep or carry a pistol:

• at your own home, business, or land;
• between home and business, or to/from a place of repair or purchase;
• in the woods or fields for lawful hunting or target shooting; or
• in a vehicle if unloaded and in a closed and fastened case, gun box, or securely tied package.

These exceptions are construed narrowly. Courts have held, for example, that a purse is not a "case," and that the home/business exception doesn't cover someone whose work is essentially driving.

Possession by Prohibited Persons (Minn. Stat. § 624.713)

This is one of the most serious and commonly charged gun crimes. Certain categories of people are barred from possessing firearms, including:

• people convicted of a crime of violence (a lifetime ban unless rights are restored);
• people convicted of any felony;
• people with certain mental-health commitments or findings;
• people with certain recent drug convictions or chemical-dependency commitments;
• people convicted of domestic assault involving a firearm, or subject to certain orders;
• people subject to an Extreme Risk Protection Order (the red flag law); and
• others, including unlawful drug users, fugitives, and certain non-citizens.

Penalties are severe. Possession of a firearm after a crime of violence can carry up to 15 years in prison and a $30,000 fine; many cases also carry mandatory minimums.

What this means for you: Whether a prior offense actually qualifies you as a "prohibited person," whether your rights were or could be restored, and whether you "knowingly possessed" the firearm are frequently the decisive questions. An offense reduced to a misdemeanor by operation of law can still count for firearm-eligibility purposes - a trap that catches many people.

Restoring the Right to Possess

A prohibited person may petition a court to restore the right to possess firearms for "good cause." Whether to grant it is discretionary, weighing public safety against the person's interest. (A separate path, Minn. Stat. § 609.165, governs judicial restoration of firearm rights after a conviction - and note that a stay of imposition that later becomes a misdemeanor does not lift the lifetime ban tied to a crime-of-violence conviction.)

Mandatory Minimum Prison Sentences for Gun Offenses (Minn. Stat. § 609.11)

The single most important thing to understand about Minnesota gun cases is the mandatory-minimum law - a statute that can force a judge to send someone to prison for years, even on a first offense, with no probation. This is what makes weapons charges so high-stakes. There are two main ways § 609.11 applies:

• A firearm used or possessed during another crime. If you (or an accomplice) had in possession or used a firearm while committing a listed violent offense - robbery, assault, burglary, certain drug crimes, and others - the court must impose a 3-year mandatory minimum for a first such offense, and a 5-year mandatory minimum for a second or subsequent firearm offense. Importantly, you don't have to fire or even point the gun - merely possessing it during the offense ("brandishing, displaying, threatening with, or otherwise employing" it, or simply having it) can trigger the minimum.
• Felon or prohibited-person in possession. A conviction for possessing a firearm or ammunition while ineligible (felon-in-possession under § 624.713, or possession after losing the right under § 609.165) carries a 5-year mandatory minimum.

For a dangerous weapon other than a firearm, the minimums are lower - generally one year and a day for a first offense, or three years with a qualifying prior.

What this means for you: the difference between a charge that carries a mandatory minimum and one that doesn't can be the difference between probation and years in prison - so how the firearm element is charged and proven is often the heart of the defense.

How Long the Firearm Ban Lasts: Lifetime vs. Temporary

A gun conviction (or even certain non-criminal events) can cost you your firearm rights - and for some categories, permanently. The duration depends on the triggering event:

• Lifetime ban: a conviction for a crime of violence generally results in a lifetime prohibition under Minnesota law, lifted only if a court restores the right.
• Federal lifetime ban: a domestic-violence conviction (even a misdemeanor) and certain orders can trigger a separate federal lifetime firearm ban under 18 U.S.C. § 922 - which exists independently of Minnesota law and is not lifted by a Minnesota restoration alone.
• Temporary prohibitions: some bases (such as certain drug-related convictions, mental-health or chemical-dependency commitments, or while serving a felony sentence including probation and supervised release) prohibit possession for a defined period rather than for life.
• Extreme Risk Protection Order ("red flag"): an ERPO prohibits possession while the order is in effect (see our companion permits and red-flag page).

Because state and federal prohibitions can overlap and don't always end at the same time, confirming your actual status - and whether restoration is available - is critical before possessing any firearm.

Drive-By Shooting (Minn. Stat. § 609.66)

It's a felony to recklessly discharge a firearm "while in or having just exited from a motor vehicle," at or toward another vehicle, a person, or a building. The penalty increases when the shooting is toward a person or an occupied building or vehicle. If a death results, it can support a felony-murder charge. Courts read "toward" broadly - it means "in the direction of," which is easier for the state to prove than a shooting "at" a target.

Other Dangerous-Weapon Offenses

Minnesota law criminalizes a range of weapon conduct, including:

• Reckless handling or discharge of a firearm or dangerous weapon endangering others; intentionally pointing a gun at another (loaded or not);
• recklessly discharging a firearm within a municipality (a felony);
• possessing prohibited items like metal knuckles, switchblades, or certain other weapons;
• silencers and "Saturday Night Special" cheap handguns (prohibited);
• machine guns, trigger activators, conversion kits, and short-barreled shotguns (felony);
• obliterating a firearm's serial number, or possessing a gun with an obliterated or absent serial number (felony);
• weapons on school property or in a courthouse/capitol building (felony, with limited exceptions);
• using or possessing a metal-penetrating bullet while committing a crime (felony, consecutive sentence); and
• negligent storage allowing a child access to a loaded firearm (gross misdemeanor).

Explosives, Incendiary Devices, and Weapons of Mass Destruction

It is a felony to possess, manufacture, transport, or store an explosive or incendiary device, with penalties increasing where there's intent to damage property or cause injury, and higher still for grossly negligent discharge. Possessing or transferring explosives or blasting agents (or the components to assemble them) without a license is also generally a felony. Separately, it is a serious crime to make or possess a weapon of mass destruction - a device designed to cause death or great bodily harm to many people through toxic substances or radiation - or to use a simulated one to terrorize.

Possible Defenses

• Unlawful search or seizure - leading to suppression of the firearm.
• Lack of knowing possession - especially in constructive-possession cases (gun found in a shared car or home).
• A valid permit or applicable exception for carry charges.
• Disputing prohibited-person status - whether the prior actually qualifies, or rights were restored.
• Reliance on official assurance - in limited cases where the state led the person to believe possession was lawful.

Key Terms

• Prohibited person: Someone barred by law from possessing firearms (felons, certain others).
• Crime of violence: A category of offenses triggering a lifetime firearm ban.
• Constructive possession: Control over a place where a gun is found, without holding it.
• Drive-by shooting: Reckless discharge from or just after exiting a vehicle, at a vehicle, person, or building.
• Mandatory minimum: A prison term the court must impose (§ 609.11) when a firearm is possessed or used during a listed offense, or for felon-in-possession.