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Minnesota Statutes § 471.633 expressly preempts all local governments from enacting legislation regulating firearms, ammunition, or their respective components. The legislature has enacted various exceptions to section 471.633. Pursuant to these exceptions, local governments have authority to pass the following types of legislation:
Regulation of the discharge of firearms. Section 471.633(a); Regulation identical to state law. Section 471.633(b); Reasonable, nondiscriminatory and nonarbitrary zoning ordinances regarding the location of businesses where firearms are sold by a firearms dealer. Section 471.635; and County regulation of secondhand and junk dealers. Section 471.924.
"Secondhand and junk dealers" are persons who are engaged in the business of buying secondhand goods, including guns, but does not include used goods taken as part or full payment for new goods. Section 471.925.
School districts are specifically excluded from the preemption found in section 471.633 when school boards or school
administrators are regulating school grounds, school facilities, school transportation services, school programs, or the
conduct of students at any activities conducted under the direct or indirect supervision or control of the school board or
administration. Section 471.634. However, a school district or entity composed of school districts may not regulate firearms,
ammunition or their respective components when possessed or carried by nonstudents or nonemployees, in a manner that is inconsistent
with section 609.66, subd. 1d, which generally prohibits possessing, storing, or keeping a firearm while knowingly on school property.
Section 609.66, subd. 1d(f).
In an unpublished opinion, the Minnesota Court of Appeals rejected a preemption challenge to a school district's expulsion policy for possession of a dangerous weapon on school property. In re the Expulsion of M.A.L., No. C8-02-739, 2002 Minn. App. LEXIS 1292 (Nov. 26, 2002). In M.A.L., the expelled student argued that the school district's expulsion policy was preempted by Minn. Stat. § 609.66, which makes possession of a dangerous weapon on school property a felony. The student argued that, even though section 471.634 expressly exempts school districts from the firearm preemption statute, the later enactment of section 609.66 impliedly repealed section 471.634 and preempted school districts from regulating the possession of a weapon on school property.
The court applied a four-part preemption test originally set out in Mangold Midwest Co. v. Richfield, 143
N.W. 2d 813, 819 (Minn. Ct. App. 1966), a non-firearms case. The test consisted
of four questions: 1) What is the subject matter to be regulated? 2) Has the
subject matter been so fully covered by state law as to have become solely
a matter of state concern? 3) Has the legislature, in partially regulating
the subject matter, indicated that it is a matter solely of state concern?
4) Is the subject matter itself of such a nature that local regulation would
have unreasonably adverse effects upon the general populace of the state?
The M.A.L.
court found that: 1) the subject matter to be regulated was possession
of a dangerous weapon on school property; 2) the subject matter was
not so fully covered as to render it solely a matter of state concern;
3) the partial regulation of the subject matter did not imply that the
legislature intended to eliminate the school district's ability to
further regulate the subject matter; and, 4) the school district's
regulation of the subject matter did not adversely affect the general
population. M.A.L., 2002 Minn. App. LEXIS 1292, at *6-*8. Therefore, the
court concluded, the school district's policy was not preempted by
state law.
Section 624.7132 provides that it "shall be construed to supersede municipal or county regulation of the transfer of pistols."
Similar provisions of Minnesota law explicitly supersede all municipal and county regulation on the following topics:
In In re Timothy John Hoffman, 430 N.W. 2d 210 (Minn. Ct. App. 1988),
the Minnesota Court of Appeals held that a city policy imposing requirements
for a handgun permit impermissibly infringed on the statutory directive of section 624.717. Id. at 213.
Section 624.71, subd. 1 provides that "[n]otwithstanding any other law to the contrary, it shall be lawful for any federally licensed importer,
manufacturer, dealer, or collector to sell and deliver firearms and ammunition to a resident of a contiguous state in any instance where such sale
and delivery is lawful under" 18 U.S.C. § 921 et seq. Section 624.71, subd. 2 provides that "[n]otwithstanding any other law to the contrary, it shall
be lawful for a resident of Minnesota to purchase firearms and ammunition in a contiguous state in any instance where such sale and delivery is lawful
under" 18 U.S.C. § 921 et seq.
A shooting range that operates in compliance with "shooting range performance standards" (adopted by the commissioner of natural resources
pursuant to section 87A-.02) must be permitted to do all of the following within its geographic boundaries, under the same or different
ownership or occupancy:
Operate the range and conduct activities involving the discharge of firearms; Expand or increase its membership or opportunities for public participation related to the primary activity as a shooting range; Make those repairs or improvements desirable to meet or exceed requirements of shooting range performance standards; Increase events and activities related to the primary activity as a shooting range; Acquire additional lands to be used for buffer zones or noise mitigation efforts or to otherwise comply with this chapter; and Conduct shooting activities and discharge firearms daily between 7:00 a.m. and 10:00 p.m.
Section 87A.03, subd. 1. However, a local unit of government with zoning jurisdiction over a shooting range may extend the allowable hours of
operation by the issuance of a special or conditional use permit. Id. Furthermore, section 87A.08, subd. 1(a) provides that nothing in
sections 87A.01—87A.08 shall supersede more restrictive regulation of days and hours of operation imposed by the terms and conditions of
ordinances and permits that are in effect on May 28, 2005.
A shooting range that is a nonconforming use shall be allowed to conduct additional shooting activities within the range's lawful property boundaries
as of the date the range became a nonconforming use, provided that the range remains in compliance with the state's noise restrictions (see section 87A.05)
and the shooting range performance standards. Section 87A.03, subd. 2.
A person who owns, operates, or uses a shooting range that is in compliance with shooting range performance standards is not
subject to any nuisance action for damages or equitable relief based on noise or other matters regulated by the shooting range
performance standards. Section 87A.06.
To the extent consistent with these provisions, a local unit of government with zoning authority jurisdiction over a shooting range may
enforce its applicable ordinances and permits. Section 87A.08, subd. 1(a).
A state administrative regulation explicitly allows for local regulations and ordinances concerning the use of firearms on trails in
outdoor recreation areas. Minn. R. 6100.4100.
Please see the Preemption section of the Master List of Firearms Policies for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.
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For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.
Please note, Minnesota statutes sometimes use the word "pistol" when referring generally to handguns. Minn. Stat. § 624.712, subd. 2. To avoid confusion, we have simply used the word "handgun" in these cases.
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Minnesota does not generally ban assault weapons, but has adopted a series of statutes regulating the possession and sale of certain
"semiautomatic military-style assault weapons." Minnesota Statutes § 624.712, subd. 7(1) lists more than two dozen named types of
firearms that are considered "semiautomatic military-style assault weapons."
Pursuant to section 624.712, subd. 7(2), a firearm is also considered a semiautomatic military-style assault weapon if it is another model of a listed firearm, is made by the same manufacturer as the listed firearm, has the same action design, and
Is a redesigned, renamed, or renumbered version; or Has a slight modification or enhancement (such as a folding or retractable stock; adjustable sight; case deflector for left-handed shooters; shorter barrel; wooden, plastic, or metal stock; larger clip size; different caliber; or a bayonet mount).
A firearm is also a semiautomatic military-style assault weapon if it was manufactured or sold under a licensing agreement with a manufacturer of one of the listed firearms to manufacture or sell firearms that are identical or nearly identical to a listed firearm or a firearm described in section 624.712, subd. 7(2). There is, however, an exception for licensing agreements entered into before August 1, 1993, the effective date of the statute. Id.
A firearm that is generally recognized as "particularly suitable or readily adaptable to sporting purposes" under 18 U.S.C. § 925(d)(3), or any of its regulations is not a semiautomatic military-style assault weapon. Id.
In addition, pursuant to section 624.712, subd. 8, Minnesota's Bureau of Criminal Apprehension is required to publish a list of firearms
included within the definition of semiautomatic military-style assault weapons. The Bureau is required to update the list annually.
Minnesota Statutes § 624.713, subd. 1(a) prohibits the possession of semiautomatic military-style assault weapons by persons who are
under 18 years of age. Such persons may carry or possess a semiautomatic military-style assault weapon only:
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In the presence
or under the supervision of a parent or guardian;
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While
participating in a military drill for a legally recognized and
competently supervised military organization;
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For instruction,
competition or target practice on a police-approved firing
range; or
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Upon successful completion of a course designed to teach marksmanship and
safety with a handgun or semiautomatic military-style assault
weapon and approved by the commissioner of natural resources.
A person charged with a crime punishable by more than one year imprisonment may not receive, ship, or transport a
semiautomatic military-style assault weapon. Section 624.713, subd. 1a.
A person who wishes to acquire a semiautomatic military-style assault weapon may apply to the local chief of police or county sheriff for a transferee
permit, although a transferee permit is not required for purchase of such weapons. Minn. Stat. § 624.7131. See the
Minnesota Licensing of Gun Purchasers/Owners section for further information.
With certain limited exceptions, if a person wishes to acquire a semiautomatic military-style assault weapon from a federally licensed dealer,
but does not have a transferee permit or a permit to carry a handgun, the dealer must file a report with the police chief or sheriff, who
then performs a background check. Section 624.7132, subd. 1, 2; see also section 624.7132, subd. 12(a)(exempting transfers from non-dealers
from this requirement). See the Minnesota Background Checks section for further information.
Pursuant to section 624.7141, a person commits a gross misdemeanor if he or she intentionally transfers a semiautomatic military-style assault weapon to a person he or she knows:
Has been denied a permit to carry a weapon because he or she is not eligible under section 624.713 to possess an assault weapon; Has been found ineligible to possess an assault weapon by law enforcement as a result of an application for a transferee permit or transfer report; Is ineligible to possess an assault weapon under section 624.713.
An offense under this section is a felony if within one year the transferee uses the weapon to further a felony crime of violence.
Carrying a rifle or shotgun in a public place, which is usually a gross misdemeanor, becomes a felony if the weapon was a semiautomatic
military-style assault weapon and the person carrying the weapon was under the age of 21. Section 624.7181, subd. 2.
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Federal law
generally requires that licensed firearms dealers conduct a
background check on all prospective firearms purchasers to
ensure that such persons are not prohibited from buying or
possessing a firearm. This background check requirement and
the National Instant Criminal Background Check System ("NICS")
were enacted through the Brady Handgun Violence Prevention
Act, pursuant to Public Law 103-159, and codified at
18 U.S.C. § 921 et seq. Federal law defines a number of classes of
prohibited purchasers (including felons, fugitives, persons
adjudicated as "mental defectives" or those committed to
mental institutions), and leaves to the states the power to
determine additional classes. (For a complete list of
federally prohibited purchasers, click
here.)
Under the Brady
Act, states have the option of serving as a "state point of
contact" and conducting their own background checks using NICS
and state informational records and databases, or having the
checks performed by the FBI using only NICS. Federal law does
not require that private sellers (persons other than firearms
dealers) conduct background checks on prospective purchasers.
In Minnesota, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser
prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, Midyear 2004 (August 2005).
However, state law requires local law enforcement to perform an additional background check in certain situations. With certain exceptions,
if a person wishes to acquire a handgun or semiautomatic military-style assault weapon from a federally licensed dealer but does not have a
transferee permit or a permit to carry a handgun, state law requires the dealer to file a report with the police chief or sheriff, who then
performs a background check. Minn. Stat. § 624.7132, subd. 1, 2; see also section 624.7132, subd. 12 (exempting private sellers from this
requirement). Additionally, local law enforcement conducts a background check whenever a person applies for a transferee permit (which
allows the person to acquire a handgun or semiautomatic military-style assault weapon) or a permit to carry a handgun.
Sections 624.7131, subd. 2, and 624.714, subd. 4. When performing a background check under any of these provisions, the chief
of police or sheriff is required to check criminal histories, records and warrant information relating to the applicant through
the Minnesota Crime Information System and the national criminal record repository, and commitment information through the commissioner
of human services. Sections 624.7131, subd. 2; 624.7132, subd. 2; 624.714, subd. 4.
In addition to the federal purchaser prohibitions referenced above, Minnesota has adopted other classes of prohibited persons, and
incorporated some of the federal prohibitions as state offenses. A sheriff or police chief may refuse to grant a transferee permit or
notify a dealer that the transferee is ineligible for the transfer only if the background check shows that section 624.713 prohibits the
transferee from possessing the firearm. Sections 624.7131, subd. 4; 624.7132, subd. 5. Section 624.713 prohibits firearm possession
by a person who:
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Has been convicted of, or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing a crime
of violence in Minnesota or a crime in any other jurisdiction that would be a crime of violence if committed in Minnesota.
Sections 242.31, subd. 2a; 260B.245, subd. 1(b); 609.165, subd. 1b; 624.713, subd. 1(b);
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Is, or has ever been, confined to a treatment
facility as a person who is mentally ill, mentally retarded or mentally ill and dangerous to the public, or who has ever been found
incompetent to stand trial or not guilty by reason of mental
illness, unless there is satisfactory proof that the person no longer
suffers from this disability.
Section 624.713, subd. 1(c);
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Has been convicted of a misdemeanor violation of
Minnesota drug laws or who is or has ever been hospitalized or
committed for treatment for the habitual use of a controlled
substance or marijuana, unless the person proves that he or she
has not abused a controlled substance or marijuana
within the previous two years.
Section 624.713, subd. 1(d);
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Has been confined or committed to a treatment
facility as chemically dependent unless the person has
completed treatment.
Section 624.713, subd. 1(e);
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Is a peace officer and is informally admitted to
a treatment facility for chemical dependency unless the
officer possesses a certificate from the head of the treatment
facility discharging the officer from the treatment facility.
Section 624.713, subd. 1(f);
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Has been charged with committing a crime of
violence and has been placed in a pretrial diversion program
by the court before disposition, until the person has
completed the diversion program and the charge of committing
the crime of violence has been dismissed.
Section 624.713,
subd. 1(g);
Has been convicted in another state of committing an assault against a family or household member using a firearm during the
past three years. Section 624.713, subd. 1(h); Has been convicted of assaulting a family or household member using a firearm, during the past three years or longer as determined
by the sentencing court. Section 609.2242, subd. 3(c); section 624.713, subd. 1(i); Has been convicted by any court of a crime punishable by imprisonment for a term exceeding one year.
Section 624.713, subd. 1(j)(1); Is a fugitive from justice. Section 624.713, subd. 1(j)(2); Is an unlawful user of controlled substances. Section 624.713, subd. 1(j)(3);
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Has been judicially committed to a treatment
facility as a person who is mentally retarded, mentally ill, or mentally ill and dangerous.
Section 624.713, subd. 1(j)(4);
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Is an illegal alien.
Section 624.713, subd.
1(j)(5);
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Was dishonorably discharged from the U.S. armed forces. Section 624.713, subd. 1(j)(6);
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Has renounced U.S. citizenship. Section 624.713, subd. 1(j)(7); or
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Has been convicted of the following crimes at the gross misdemeanor level during the past three years, section 624.713, subd. 1(k):
o
Crimes committed for the benefit of a gang. Section 609.229;
o
Assaults motivated by bias. Section 609.2231, subd. 4;
o
False imprisonment. Section 609.255;
o
Neglect or endangerment of a child. Section 609.378;
o
Burglary in the fourth degree. Section 609.582, subd. 4;
o
Setting a spring gun. Section 609.665;
o
Riot. Section 609.71; or
o
Harassment and stalking. Section 609.749.
A person presently charged with a crime punishable by imprisonment for more than one year is not entitled to receive any handgun
or semiautomatic military-style assault weapon. Section 624.713, subd. 1a.
In addition, persons under the age of 18, may not, with certain exceptions, possess a handgun or a semiautomatic military-style
assault weapon. Section 624.713, subd. 1(a). See the Minnesota Minimum Age to Purchase/Possess section for details.
Other provisions of Minnesota law prohibit firearm possession by a person who:
Has been convicted of a harassment or stalking crime at any time, and who used a firearm in the commission of that crime. Section 609.749, subd. 8; Has been convicted of violating an order for protection and used a firearm during that violation during the past three years, or longer if so ordered by the convicting court. Section 518B.01, subd.14(j), (k); or Is a nonresident alien, except to take game under the game and fish laws. Section 624.719.
Other provisions of Minnesota law prohibit possession of a handgun by a person who:
A state administrative regulation prohibits offenders on parole or supervised release from purchasing, obtaining or possessing firearms. Minn. R. 2940.2000.
Firearm transfers by private sellers (non-firearms dealers) are not subject to background checks in Minnesota although federal and state purchaser prohibitions still apply. See the Minnesota Private/Secondary Sales section.
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No relevant statutes currently exist.
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Possession Restrictions
Minnesota Statutes § 624.7181 provides that no person may carry a BB gun, rifle, or shotgun in a public place unless:
It is being carried to, from, or at a place where firearms are repaired, bought, sold, traded, or displayed, or where hunting, target shooting, or other lawful activity involving firearms occurs, or at funerals, parades, or other lawful ceremonies; It is unloaded and in a gun case expressly made for a firearm and which fully encloses the firearm with no portion of the weapon exposed; The person is a holder of a permit to carry a handgun; The firearm is an antique firearm that is being carried as a curiosity or for its historical significance or value; or The firearm is being transported unloaded and in the closed trunk of a motor vehicle.
No person may carry, hold, or possess a handgun in a public place without a permit to carry a handgun. Section 624.714, subd. 1a.
See the Minnesota Concealed Weapons Licensing Requirements subsection below for exceptions. Predatory offenders who are required to
register under section 243.166 are prohibited from carrying a handgun whether or not they possess a permit to carry a handgun.
Section 624.714, subd. 24.
Section 625.16 provides:
Whoever shall go armed with a [handgun] without reasonable cause to fear an assault or other
injury or violence to person, family, or property, may, on complaint of any other person
having reasonable cause to fear an injury or breach of the peace, be required to find sureties
for keeping the peace, for a term not exceeding six months, with the right of appealing as
before provided.
No person may carry a firearm within a state game refuge unless the firearm is unloaded and either contained in a case or broken down.
Section 97A.091. State administrative regulations apply similar requirements to state parks, forest recreation areas, and wildlife management
areas. Minn. R. 6100.0800;
6230.0200;
6230.0250.
No person may bring a firearm into or possess a firearm in or upon the grounds belonging to or land controlled by any state correctional facility or state hospital without the consent of the chief executive officer thereof.
Minn. Stat. § 243.55, subd. 1.
Section 609.66, subd. 1d prohibits anyone from possessing, storing, or keeping a firearm, including a replica firearm, or
a BB gun, while knowingly on school property. "School property" is defined to include:
A public or private elementary, middle, or secondary school building and its improved grounds; A licensed child care center when children are present and participating in a child care program; A school bus when being used by a school to transport students to or from school-related activities; and A portion of a building or facility under the temporary, exclusive control of a school or association of schools when conspicuous signs are prominently posted at each entrance that give actual notice of the school-related use.
Section 609.66, subd. 1d(d)(4).
However, the prohibition of section 609.66, subd. 1d does not apply to:
Military personnel or students participating in military training, who are on-duty, performing official duties; A person who has a permit to carry a handgun, while in a motor vehicle or while directly placing a firearm in, or retrieving it from, the trunk or rear area of a motor vehicle; A person who has a permit to carry a handgun and lawfully keeps or stores a firearm or firearms in a motor vehicle; Firearm safety or marksmanship courses or activities conducted on school property; Possession of firearms, BB guns, or replica firearms by a ceremonial color guard; Possession of firearms, BB guns, or replica firearms with written permission of the principal or other person having general control and supervision of the school or the director of the child care center; Persons who are on unimproved property owned or leased by a child care center, school, or school district unless the person knows that a student is currently present on the land for a school-related activity; or Possession of the articles mentioned by museums or collectors of art or for other lawful purposes of public exhibition.
Section 609.66, subd. 1d(e), 2.
No person may possess a firearm or ammunition within a courthouse complex or in any state building within the Capitol Area,
other than the National Guard Armory, without notifying the sheriff or commissioner of public safety. Section 609.66, subd. 1g.
A person who does not have a permit to carry a handgun must have the sheriff's or commissioner's express consent. Id.
This provision does not apply to possession by museums or collectors of art or for other lawful purposes of public
exhibition. Section 609.66, subd. 2.
Section 327.73, subd. 2(a)(3) provides that an innkeeper may refuse to admit or refuse service or accommodations to
any person the innkeeper reasonably believes is bringing firearms into the hotel.
An employer may establish policies restricting firearm carrying or possession by its employees while acting in the course and
scope of employment. Section 624.714, subd. 18(a). Similarly, a public postsecondary institution may establish policies restricting
firearm carrying or possession by its students while on the institution's property. Section 624.714, subd. 18(b). However, an
employer or postsecondary institution may not prohibit lawful firearm carrying or possession of firearms in a parking facility or
parking area. Section 624.714, subd. 18(c).
State administrative regulations address the possession of firearms in:
Concealed weapons permit holders are subject to additional location limits. Please see the Location Limits subsection below for further information.
Transportation of Firearms
No person may carry, hold, or possess a handgun in a motor vehicle, snowmobile, or boat without a permit to carry a
handgun. Minn. Stat. § 624.714, subd. 1a. However, a permit is not required to carry a handgun:
About a person's place of business, residence, or land that he or she owns; From a place of purchase to the person's dwelling or place of business, or from the person's dwelling or business to or from a place of repair; Between the person's dwelling and place of business; In the woods, fields, or waters of the state for the purpose of hunting or target shooting in a safe area; or In a motor vehicle, snowmobile or boat if it is unloaded and contained in a closed and fastened case, gun box, or securely tied package.
Section 624.714, subd. 9.
Except for persons who hold permits to carry a handgun, no person may transport a firearm in a motor vehicle unless the firearm is unloaded and:
Section 97B.045. Exceptions are provided for disabled persons participating in hunting activities under specified circumstances. Id.
No person may carry a firearm into an aircraft other than a public aircraft
except in the manner in which a firearm may be lawfully carried
in a motor vehicle. Section
360.075, subd. 10.
A person presently charged with a crime punishable by imprisonment for more than one year is not entitled to transport
any handgun or semiautomatic military-style assault weapon. Section 624.713, subd. 1a.
A state administrative regulation prohibits transporting a firearm in a vehicle used for driver education. Minn. R. 7411.0545(F).
Concealed Weapons Licensing Requirements
Minnesota is a "shall issue" state, meaning that the county sheriff must issue a permit to carry a handgun if the applicant meets certain qualifications.
Minn. Stat. § 624.714, subd. 2(b). Pursuant to section 624.714, subd. 2 and 2a, when a person applies for a permit to carry a handgun, the county sheriff
must issue a license if the applicant:
Is at least 21 years old; Is a citizen or permanent resident of the U.S; Is not listed in the criminal gang investigative data system under section 299C.091; Is not otherwise prohibited from possessing a handgun by section 624.713 (see Minnesota Background Checks section for full list of prohibited persons); Has not violated an order of protection within the past three years under section 518B.01, subd. 14; Has not committed an assault in the fifth degree under section 609.224, subd. 3(b); Has not committed an assault upon a family member under section 609.2242, subd. 3(d); Has not committed a stalking or harassment crime under section 609.749, subd. 8(a); Is not a nonresident alien under section 624.719; Is not currently under arrest for a crime against the person under section 629.715, subd. 2; Is not currently released on bail for harassing any person, domestic abuse, violation of an order for protection, or violation of a domestic abuse no contact order, section 629.72, subd. 2; and Is not prohibited from possessing a firearm by any federal law.
In addition, the applicant must have had training in the safe use of a handgun within the past year. Section 624.714, subd. 2. See section 624.714, subd. 2a
for specific requirements. However, this requirement does not apply in the case of an emergency permit, which a sheriff may immediately issue if the sheriff
determines that the person is in an emergency situation that may constitute an immediate risk to the safety of the person or someone in the person's household.
Section 624.714, subd. 11a.
To ensure that the applicant is qualified for a permit to carry a handgun, the sheriff is required to check criminal histories,
records and warrant information relating to the applicant through the Minnesota Crime Information System, and to the extent necessary,
the National Instant Check System, and commitment information through the commissioner of human services. Section 624.714, subd. 4(a).
The sheriff must also notify the chief of police of the municipality where the applicant resides, so as to give him or her the opportunity
to provide any relevant information. Section 624.714, subd. 4(b). At least yearly, the sheriff must also conduct a background check
on a permit holder through the Minnesota Crime Information System and, to the extent necessary, the National Instant Check System to
ensure continuing eligibility, and may conduct additional background checks at any time when the permit is in effect.
Section 624.714, subd. 4(c). Additional application and background check requirements, as well as permit suspension or
disqualification information, are detailed under section 624.714, subd.4. Charges for the processing of the application
cannot exceed the actual and reasonable cost of processing the application or $100, whichever is less.
Section 624.714, subd. 3(f).
The sheriff may deny a permit if there is a substantial likelihood that the applicant would be a danger to self or others. Section 624.714, subd. 6(a)(3).
If a person is convicted of violating section 624.7142, subd. 1(a)-(5), which prohibits carrying a handgun while under the influence of
alcohol, a controlled substance, or certain hazardous substances, the person's authority to carry a handgun in a public place on or about
the person's clothes or person is revoked and the person may not reapply for a permit for one year. Section 624.7142, subd. 6(c).
If the person's alcohol concentration was less than 0.10 (but more than 0.04), these penalties only last for 180 days.
Section 624.7142, subd. 6(d). If a person refuses to submit to chemical testing but a police officer certifies that probable
cause existed to believe that the person was under the influence of alcohol or a controlled substance while carrying a handgun
in a public place, a court may revoke the person's authority to carry a handgun for one year. Section 624.7143, subd. 2.
A person who carries, holds, or possesses a handgun in a motor vehicle, snowmobile or boat, or on or about the person's clothes or
person, or otherwise in possession or control in a public place or public area without having a permit to carry the handgun is guilty
of a gross misdemeanor; subsequent offenses are felonies. Section 624.714, subd. 1a. However, a permit is not required to carry a handgun:
About a person's place of business, residence, or land that he or she owns; From a place of purchase to the person's dwelling or place of business, or from the person's dwelling or business to or from a place of repair; Between the person's dwelling and place of business; In the woods, fields, or waters of the state for the purpose of hunting or target shooting in a safe area; or In a motor vehicle, snowmobile or boat if it is unloaded and contained in a closed and fastened case, gun box, or securely tied package.
Section 624.714, subd. 9.
Predatory offenders who are required to register under section 243.166 are prohibited from carrying a handgun whether or not
they possess a permit to carry a handgun. Section 624.714, subd. 24.
The sheriff's failure to notify an applicant that the application has been denied within thirty days of receipt of the application constitutes issuance of the permit to carry and the sheriff must promptly mail the permit to the applicant. Section 624.714, subd. 6(b).
Disclosure or Use of Information
All data pertaining to the purchase or transfer of firearms and applications for permits to carry firearms which are
collected by state agencies, political subdivisions or statewide systems pursuant to sections 624.712 to 624.719
(governing semi-automatic military-style assault weapons and handguns, including permits to carry handguns) are classified
as "private." Minn. Stat. § 13.87, subd. 2. This means that the data is not public but is accessible to the subject of the
data. Section 13.02, subd. 12. In addition, data on persons permitted to carry handguns under the terms of a permit must
be shared as required by section 624.714, subd. 6, which requires the sheriff issuing, suspending, or revoking a permit to
forward that information to the commissioner of public safety. Section 13.871.
The commissioner must maintain a database available 24 hours a day, seven days a week, only to law enforcement agencies and prosecutors
to verify the validity of a permit. Section 624.714, subd. 15(a). The commissioner may also keep a database of permits that were denied or
revoked, including the date of, and reasons for, denial or revocation, for six years from the denial or revocation.
Section 624.714, subd. 15(b). This database may be available only to sheriffs performing their duties regarding
permits to carry handguns. Id.
The commissioner is required to report yearly to the Legislature regarding permits and permit holders, but "without
expressly identifying any applicant." Section 624.714, subd. 20. Sheriffs and police chiefs must supply the Department
of Public Safety with the basic data required to complete this report, including data classified as private.
Id. Copies of the report must be made available to the public. Id.
A sheriff must not maintain records or data collected, made, or held concerning an applicant or permit holder that are not necessary
to support a permit that is outstanding or eligible for renewal. Section 624.714, subd. 14(a). The sheriff must completely purge all
files and databases yearly to delete all information collected concerning persons who are no longer current permit holders or currently
eligible to renew their permit. Id. However, these requirements do not apply to records or data concerning an applicant or permit holder
who has had a permit denied or revoked for lack of safe training in the use of a firearm, or because there exists a substantial likelihood
that the applicant is a danger to himself or herself or the public if authorized to carry a handgun, for six years from the denial or
revocation. Section 624.714, subd. 14(b).
Duration & Renewal
The permit remains in effect for up to five years after the date it is issued and may be renewed "in the same manner and under
the same criteria by which the original permit was obtained." Minn. Stat. § 624.714, subd. (7)(c). An emergency permit issued
pursuant to section 624.714, subd. 11a is valid for 30 days and may not be renewed. Section 624.714, subd. 11a.
Location Limits
In 2005, Minnesota adopted section 624.714, subd. 17, which prohibits the carrying of firearms into private establishments in certain
situations. More specifically, under section 624.714, subd. 17(a), a person carrying a firearm on or about his or her person or
clothes under a permit who remains at a private establishment knowing that the operator or its agent has made a "reasonable
request" that firearms not be brought into the establishment, may be ordered to leave the premises. Failure to leave is a
petty misdemeanor. Id. A "reasonable request" is defined as a request made in either of two ways.
Section 624.714, subd. 17(b). The requester may post a readily visible sign within four feet laterally of
every entrance to the establishment with the bottom of the sign at a height of four to six feet above the floor.
Section 624.714, subd. 17(b)(i). The sign must contain the following language: "(INDICATE IDENTITY OF OPERATOR) BANS
GUNS IN THESE PREMISES." The lettering on the sign must be in black arial typeface at least 1 ˝ inches in height against
a bright contrasting background that is at least 187 square inches in area. Id. Alternatively, the requester or his or
her agent must personally inform the person that guns are prohibited in the premises and demand compliance.
Section 624.714, subd. 17(b)(ii).
An owner may not prohibit the carrying of firearms in a parking facility or parking area, and a landlord may not restrict the
lawful carrying or possession of firearms by tenants or their guests. Section 624.714, subd. 17(c), (e).
A lawsuit has been filed in Hennepin County district court by two churches, regarding section 624.714, subd. 17's requirement
that an operator of a private residence provide notice in a specific manner that firearms are prohibited, and the statute's
requirement that firearms be allowed in parking areas and tenant space, including space leased to child care centers when
children are not present or participating in a child care program. The churches argue that these requirements violate their
exercise of religion under Minn. Const. art I, § 16. On September 9, 2005, a judge granted a temporary injunction against
enforcement of these provisions against the churches, stating that "[t]he 2005 Act impermissibly intrudes into the free
exercise of religion by arbitrary definitions, which dictate restrictions on the use of church property for worship,
childcare, parking, and rental space." Edina Community Lutheran Church et al, Case No: MC 05-011659, filed September 9, 2005 at 5 [hereinafter "Order"].
The court therefore ordered the state of Minnesota to refrain from enforcing the provisions of the Act that would bar plaintiffs
"from prohibiting firearms on their religious properties, or require them to provide notice in any particular manner."
Order at 15. The temporary injunction applies only to Hennepin County. A motion for a permanent injunction was taken under
advisement in August 2006, and is still pending as of September 21, 2006.
A possessor of a private residence (as opposed to other private establishments) may prohibit firearms, and provide
notice thereof, in any lawful manner. Section 624.714, subd. 17(d).
Concealed weapons permit holders are subject to generally applicable restrictions on the locations where firearms may be carried or possessed, except as otherwise noted.
Please see the Minnesota Open Carrying/Exposed Firearms section above for further information.
Reciprocity
The commissioner of public safety must annually establish and publish a list of states whose permits are "not substantially
similar" to Minnesota permit requirements. All state permits not on this list are valid if the permit holder is not prohibited
from possessing a firearm. Minn. Stat. § 624.714, subd. 16. See the Minnesota Department of Public Safety website. The
commissioner must, when necessary, execute reciprocity agreements regarding carry permits with jurisdictions whose carry
permits are recognized by Minnesota. Section 624.714, subd. 16.
Brady Exemption
Concealed weapons permit holders in Minnesota are not exempt from background checks when purchasing a firearm, according to the
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the
Brady Act. Please note that ATF's exempt status determination for a given state is subject to change without notice. For further
information, see the Minnesota Background Checks section.
Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).
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Minnesota Statutes § 609.666 makes it a gross misdemeanor for a person to negligently store or leave a loaded firearm in a
location where the person knows, or reasonably should know, that a child under the age of 18 is likely to gain access to the
firearm, unless reasonable action is taken to secure the firearm against access by the child.
Section 609.378, subd. 1(c) provides that a person who intentionally or recklessly causes a child under 14 years of age
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 is guilty of child endangerment and may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000, or both. If the endangerment results in substantial harm to
the child's physical health, the person may be sentenced to imprisonment for not more than five years or to payment of a fine
of not more than $10,000, or both. Id.
Section 609.663 makes it a petty misdemeanor to display centerfire metallic-case handgun ammunition for sale to the public
in a manner that makes the ammunition directly accessible to persons under the age of eighteen, unless the display is under
observation of the seller or the seller's employee or agent or the seller takes reasonable steps to exclude underage persons
from the immediate vicinity of the display.
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Minnesota does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally.
See the Minnesota Private/Secondary Sales section
for further information. Pursuant to the Brady Act, federally licensed firearms
dealers must conduct background checks on prospective purchasers each time the
dealer
transfers a firearm. See the Minnesota Background Checks section.
Minnesota Statutes § 624.7161, subd. 2 requires small firearms dealers (defined as dealers displaying no more than fifty handguns
at a time) to secure all handguns in a locked safe, locked steel gun cabinet or on a locked, steel cable that runs through the handgun's
trigger guards after business hours. The safe, gun cabinet, or cable itself must be anchored to prevent its removal from the premises.
In addition, the commissioner of public safety must adopt standards specifying minimum security requirements for all firearms dealers. Section 624.7161, subd. 3. The standards may provide for:
-
Alarm systems for small and large firearms dealers;
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Necessary and effective security measures required
for large firearms dealers;
-
A system of inspections, during normal business
hours, by local law enforcement officials for compliance with the
standards; and
-
Other reasonable requirements necessary and effective
to reduce the risk of burglaries at firearms dealers' business
establishments.
The commissioner of public safety has issued firearms dealer security standards that describe the required alarm system
and other mandatory security features, prescribe the manner in which handguns may be stored, and require the availability of
the business for inspection by local law enforcement. Minn. R. 7504.0200—7504-0500. However a firearms dealer may request an
exemption from these requirements. Minn. R. 7504.0600.
Federally licensed firearms dealers are required to post signs with warnings in block letters stating: "IT IS UNLAWFUL
TO STORE OR LEAVE A LOADED FIREARM WHERE A CHILD CAN OBTAIN ACCESS." Minn. Stat. § 624.7162.
With certain limited
exceptions, if a federally licensed firearms dealer wishes to
transfer a handgun or an assault weapon to a transferee who does
not have a transferee permit or a permit to carry, the dealer must
file a report with the police chief or sheriff.
Section 624.7132, subd. 1. The dealer may not transfer
the firearm unless five business days have elapsed since the report
was delivered to law enforcement and the police chief or sheriff
has not notified the dealer that the person is ineligible to
possess firearms.
Section 624.7132, subd. 4. The police chief or sheriff may waive all or part of the five business day waiting period in writing if he or she finds that the transferee requires access to a pistol or semiautomatic military-style assault weapon because of a threat to the life of the transferee or any member of the transferee's household. Id.
Minnesota prohibits federally licensed firearms dealers from selling a Saturday Night Special. Section 624.716. See the Minnesota Junk Guns/Saturday Night Specials section.
For state laws governing gun sales generally, see the Minnesota Private/Secondary Sales section.
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See the Minnesota Private/Secondary Sales section for state laws that apply at gun shows.
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A person who owns, operates, or uses a shooting range that is in compliance with shooting range performance standards is not subject
to any nuisance action for damages or equitable relief based on noise or other matters regulated by the shooting range performance
standards. Minn. Stat. § 87A.06.
For detailed information about government and private party lawsuits
against the gun industry, the status of litigation involving
gun industry immunity statutes in various states, or pending
gun industry immunity legislation,
visit the Brady
Center's Legal Action Project and the Coalition
to Stop Gun Violence's Gun Industry Immunity page.
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Federally licensed firearms dealers are prohibited from selling a Saturday Night Special, and no person may manufacture or assemble
a Saturday Night Special. Minn. Stat. § 624.716. Section 624.712, subd. 4 defines a Saturday Night Special as a handgun "other than an
antique firearm or a pistol for which the propelling force is carbon dioxide, air or other vapor, or children's pop guns or toys, having
a frame, barrel, cylinder, slide or breechblock:
Of any material having a melting point ("liquidus") of less than 1,000 degrees Fahrenheit; Of any material having an ultimate tensile strength of less than 55,000 pounds per square inch; or Of any powdered metal having a density of less than 7.5 grams per cubic centimeter."
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No relevant statutes currently exist.
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Minnesota does not require a license to purchase or possess firearms. Persons who wish to purchase a handgun or semiautomatic
military-style assault weapon may apply to the local chief of police or county sheriff for a transferee permit, although a
transferee permit is not required for the purchase or transfer of such weapons. Minn. Stat. §§ 624.7131, 624.7132. Minnesota
law exempts a person exhibiting a transferee permit from the state requirement of a background check prior to the purchase of a
handgun or semiautomatic military-style assault weapon from a federally licensed dealer. Section 624.7131, subd. 10. However, a
transferee permit does not exempt the holder from the background check required by the federal Brady Act, according to the
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to
the Brady Act. Please note that ATF's exempt status determination for a given state is subject to change without notice. See the
Minnesota Background Checks section for further information.
Upon application for a transferee permit, the police chief or sheriff has seven days to perform a background check as described
above in the Minnesota Background Checks section. Section 624.7131, subd. 2. The police chief or sheriff must then either issue a
permit or issue written notification of denial with the specific reason for the denial. Section 624.713, subd. 5. A determination
that section 624.713 prohibits the applicant from possessing a pistol or semi-automatic military-style assault weapon is the only
basis for refusal to grant a transferee permit. Section 624.7131, subd. 4. See the Minnesota Background Checks section for a list
of persons prohibited from possessing such weapons by section 624.713. A valid permit to carry a handgun, issued pursuant to
section 624.714, constitutes a transferee permit for purposes of the transfer.
Section 624.7131, subd. 9.
Once obtained, transferee permits expire after one year. Section 624.7131, subd. 6.
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Minnesota Statutes § 609.666 makes it a gross misdemeanor for a person to negligently store or leave a loaded firearm in a
location where the person knows, or reasonably should know, that a child under the age of 18 is likely to gain access to the
firearm, unless reasonable action is taken to secure the firearm against access by the child.
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Minnesota Statutes § 624.713, subd. 1(a) prohibits the possession of handguns or semiautomatic military-style assault weapons
by persons who are under 18 years of age. Under state law, such persons may carry or possess a semiautomatic military-style
assault weapon or handgun:
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In the
presence or under the supervision of a parent or guardian;
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For the purposes of a military drill under the auspices of a legally recognized and competently supervised military organization;
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For instruction, competition or target practice on a police-approved firing range under direct supervision; or
-
Upon
successful completion of a course designed to teach
marksmanship and safety with a handgun or semiautomatic
military-style assault weapon and approved by the
commissioner of natural resources.
Section 97B.021, subd. 1 prohibits a person under age 16 from possessing a firearm, and section 97B.021, subd. 1a provides that a parent or guardian may not knowingly direct, allow, or permit a person under the age of 16 to possess a firearm, unless:
The person under 16 is accompanied by a parent or guardian; The person under 16 is on land owned by, or occupied as the principal residence of, the person or the person's parent or guardian; The person under 16 is participating in an organized target shooting program with adult supervision; The person under 16 is participating in a firearms safety program or traveling to and from class; or The person is age 14 or 15 and has a firearms safety certificate.
Minnesota Statutes § 609.66 prohibits the following acts:
Outside a municipality, furnishing a child under 14 years of age with a firearm, airgun, or ammunition without the consent of the child's parent or guardian. Section 609.66, subd. 1(a)(6); Outside a municipality, for a parent or guardian to allow a child under 14 years of age to handle or use a firearm, airgun, or ammunition outside the presence of the parent or guardian Section 609.66, subd. 1(a)(6); or In a municipality, furnishing a minor under the age of 18 with a firearm, airgun, or ammunition without the consent of the minor's parent or guardian, or the municipal police department. Section 609.66, subd. 1b.
Section 624.7132, subd. 15(b)(1) makes it a felony for a federally licensed firearm dealer to transfer a handgun or semiautomatic
military-style assault weapon to a person under the age of 18 without complying with the background check requirements of section 624.7132, subd. 1-13.
Federal law prohibits firearms dealers from selling or delivering a shotgun or rifle, or ammunition for a shotgun or rifle, to any person the
dealer knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(b)(1), (c)(1). Dealers are prohibited from selling or
delivering other firearms (e.g., handguns) or ammunition for those firearms to any person the dealer knows or has reasonable cause to believe is
under the age of 21. Id.
Federal law provides less stringent age restrictions with respect to sales by unlicensed persons. Unlicensed persons generally may not
sell, deliver or otherwise transfer a handgun or handgun ammunition to any person the transferor knows or has reasonable cause to believe is
under the age of 18. 18 U.S.C. § 922(x)(1), (3) and (5). Federal law provides no age limitations with respect to the sale of a long gun by
an unlicensed person.
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Minn. Stat. § 624.7132, subd. 9 affirmatively provides that the transfer of any number of pistols or semiautomatic military-style
assault weapons may be treated as a single transfer for purposes of the background check requirement of section 624.7132, and that
nothing in sections 624.7131 (regarding transferee permits) or 624.7132 (regarding the transfer of such weapons when the transferee
does not have a transferee permit) shall be construed to limit or restrict the number of such weapons a person may acquire. No other
relevant statutes currently exist.
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No relevant statutes currently exist.
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Transfers to persons other than federally licensed firearms dealers are not subject to the requirements of
Minnesota Statutes § 624.7132, including the requirement that the transferor file a transfer report with the local
police chief or sheriff, and that the police chief or sheriff conduct a background check. Section 624.7132, subd. 12(a).
However, pursuant to section 624.7141, a person commits a gross misdemeanor if he or she intentionally transfers a handgun
or semiautomatic military-style assault weapon to a person he or she knows:
-
Has been denied a permit to carry a weapon because he or she is not eligible under section 624.713 to possess a handgun or assault weapon;
-
Has been found ineligible to possess a handgun or assault weapon by law enforcement as a result of an application for a transferee permit or state background check; or
-
Is ineligible to possess a handgun or assault weapon under section 624.713.
An offense under section 624.7141 is a felony if within one year the transferee uses the weapon in furtherance of a felony crime of violence.
In addition, a person other than a federally licensed firearms dealer
who transfers a pistol or semiautomatic military-style assault weapon
without complying with the background check requirements of section
624.7132 is
guilty of a gross misdemeanor if the transferee possesses or
uses the weapon within one year after the transfer in furtherance of
a felony crime of
violence and:
The transferee was prohibited from possessing the weapon under section 624.713 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 weapon in furtherance of a felony crime of violence.
Section 609.66, subd. 1f.
A person who recklessly furnishes a person with a firearm in conscious disregard of a known substantial risk that it
will be possessed or used in furtherance of a felony crime of violence is guilty of a felony. Section 609.66, subd. 1c.
Furnishing a child under 14 years of age with a firearm, airgun, or ammunition without the consent of the child's parent or
guardian is prohibited if it is done "outside a municipality." Section 609.66, subd. 1(a)(6). In a municipality, furnishing a
minor under the age of 18 with a firearm, airgun, or ammunition without the consent of the minor's parent or guardian or the
municipal police department is prohibited. Section 609.66, subd. 1b.
It is unlawful to receive or possess a firearm, the serial number or other identification of which has been obliterated, removed, changed, or altered, or a firearm that is not identified by a serial number. Section 609.667.
Section 609.663 makes it a petty misdemeanor to display centerfire metallic-case handgun ammunition for sale to the public in a manner that
makes the ammunition directly accessible to persons under the age of eighteen, unless the display is under observation of the seller or the
seller's employee or agent or the seller takes reasonable steps to exclude underage persons from the immediate vicinity of the display.
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Minnesota Statutes § 624.714, subd. 20(d) provides that no provision of law "requires or authorizes the registration,
documentation, collection, or providing of serial numbers or other data on firearms or on firearms' owners."
Section 624.7132 allows a person who has received a handgun or semiautomatic military-style assault weapon from a federally licensed dealer
to submit a request to the police chief or sheriff who processed the transfer that no record be maintained of the transfer. If the police
chief or sheriff receives such a request, he or she must return the report of the transfer to that person as soon as possible. Id. Thereafter,
no state government employee or agency may maintain a record of the transfer that identifies the transferee. Id.
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With certain limited exceptions, if a person wishes to acquire a handgun or assault weapon from a federally
licensed firearms dealer, but does not have a transferee permit or a permit to carry, then the dealer must file a
report with the police chief or sheriff. Minn. Stat. § 624.7132, subd. 1. The dealer may not transfer the firearm
unless five business days have elapsed since the report was delivered to law enforcement and the police chief or
sheriff has not notified the dealer that the person is ineligible to possess firearms. Section 624.7132, subd. 4.
The police chief or sheriff may waive part of the five business day waiting period in writing if he or she finds that
the transferee requires access to a handgun or assault weapon because of a threat to the life of the transferee or a
member of the transferee's household. Id.
The waiting period requirement does not apply to transfers by private sellers (non-firearms dealers). Section 624.7132, subd. 12.
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