Firearm Offenses

In Minnesota, firearms offenses are taken very seriously, with specific laws regulating the possession, use, and sale of firearms. Violations of these laws can result in criminal charges ranging from misdemeanors to felonies, and some are subject to a mandatory prison sentence.

Below is an overview of firearms offenses in Minnesota, including common defenses to such charges

1. Possession of a Firearm by a Prohibited Person (Minn. Stat. § 624.713)

In Minnesota, certain individuals are prohibited from possessing firearms. These prohibited individuals include:

• Felons (those convicted of a felony offense).
• People who are subject to a domestic abuse no-contact order (DANCO) or a restraining order.
• People who have been committed to a mental institution or are adjudicated mentally ill.
• Drug addicts or those convicted of drug crimes.
• People subject to domestic violence restraining orders or involved in other types of protective orders.

Penalties:

• Possession of a firearm by a prohibited person is a felony and can result in up to 15 years in prison and/or a fine of up to $30,000.

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2. Carrying a Firearm Without a Permit (Minn. Stat. § 624.714)

In Minnesota, carrying a firearm in public requires a permit to carry. If a person carries a firearm without a permit, they may face charges for violating this law.

Penalties:

• Carrying a firearm without a permit is typically classified as a gross misdemeanor. The penalty can include up to 1 year in jail and/or a fine of up to $3,000.
• If the individual has prior offenses related to firearms or criminal history, the penalties can be more severe.

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3. Reckless Discharge of a Firearm (Minn. Stat. § 609.66)

It is illegal to discharge a firearm in a reckless or dangerous manner that could endanger the safety of others.

Penalties:

• A conviction for reckless discharge of a firearm is a gross misdemeanor and can result in up to 1 year in jail and/or a fine of up to $3,000.
• If the reckless discharge of a firearm occurs in a populated area or with a high degree of danger, it may be charged as a felony.

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4. Possession of a Firearm During the Commission of a Crime (Minn. Stat. § 609.11)

If an individual possesses a firearm while committing another crime, such as assault, robbery, or drug trafficking, it can result in additional charges and penalties.

Penalties:

• Possession of a firearm during the commission of a felony offense can carry enhanced penalties, including up to 5 years in prison and/or fines, depending on the severity of the underlying crime.

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5. Unlawful Sale or Transfer of a Firearm (Minn. Stat. § 609.67)

It is illegal to sell or transfer firearms to individuals who are prohibited from possessing them, such as convicted felons or individuals with restraining orders against them.

Penalties:

• The unlawful sale or transfer of firearms can be charged as a felony, carrying up to 5 years in prison and/or a fine of up to $10,000.

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6. Firearm Theft (Minn. Stat. § 609.52)

Stealing firearms, either from a person, a business, or a home, is a serious offense. Firearm theft can be charged as a theft crime, depending on the value of the firearm and the circumstances.

Penalties:

• Firearm theft is typically classified as a felony, with penalties ranging from up to 5 years in prison and/or a fine of up to $10,000.

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Common Defenses to Firearms Charges in Minnesota

Several defenses may be available to someone charged with a firearms-related offense in Minnesota. These defenses vary depending on the specific charge, but common defenses include:

1. Lack of Knowledge

• Defense: If the defendant did not know they were in possession of a firearm or were unaware of its presence, they may have a defense against charges such as illegal possession.
• Example: A defendant might argue that they did not know a firearm was in their vehicle or home because it belonged to someone else, and they were unaware it was there.

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2. Mistaken Identity

• Defense: The defendant may argue that they were mistakenly identified as the person in possession of the firearm. If there is confusion or a lack of evidence to conclusively link the defendant to the crime, this may be an effective defense.
• Example: The defendant may argue that they were not the person carrying the firearm during an incident and were incorrectly identified by witnesses.

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3. Self-Defense or Defense of Others

• Defense: If the defendant was carrying or using a firearm in self-defense or to protect someone else from harm, they may be able to raise this as a defense.
• Example: A defendant might argue that they carried a firearm because they felt threatened by another person and acted in self-defense.

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4. Unlawful Search and Seizure

• Defense: If law enforcement officers seized the firearm without a valid search warrant or probable cause, the defendant may be able to argue that the firearm evidence should be excluded under the Fourth Amendment (unlawful search and seizure).
• Example: The defendant might argue that the police conducted a search of their home or vehicle without a warrant or without proper consent, and any firearms found should not be admissible in court.

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5. Second Amendment or Constitutional Rights

• Defense: In some cases, defendants may argue that their Second Amendment rights (right to bear arms) protect their ability to possess or carry firearms, especially if they have a valid permit.
• Example: A defendant with a valid concealed carry permit might argue that they were lawfully carrying the firearm and should not be charged for carrying without a permit if there was a misunderstanding of the law.

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6. Duress or Coercion

• Defense: In some cases, a defendant might argue that they were coerced or forced to possess or use a firearm due to threats or pressure from another person.
• Example: A defendant might argue that they were threatened with harm and were forced to carry a firearm for protection or at the command of another individual.

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7. Involuntary Possession

• Defense: If the defendant was unaware that they were in possession of a firearm (for example, if they did not intentionally acquire it or did not know it was in their car or home), they may have a defense against the charge.
• Example: The defendant might argue that the firearm was placed in their possession without their knowledge, such as if it was planted by someone else or was in the trunk of their car without their awareness.

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8. Restoration of Rights

• Defense: If an individual previously convicted of a felony or other crime that prohibits firearm possession has had their civil rights restored, they may be able to argue that they were legally allowed to possess a firearm.
• Example: A convicted felon who has had their civil rights restored through a pardon or expungement may argue that they are no longer prohibited from possessing a firearm.

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9. Lack of Evidence

• Defense: The defendant may argue that the prosecution has not proven their case beyond a reasonable doubt. If the evidence presented does not support the firearms charge, the defendant can argue for acquittal.
• Example: The defendant might argue that the evidence linking them to the firearm is insufficient or that there is doubt as to whether the firearm was theirs.

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Conclusion

Firearms offenses in Minnesota carry significant penalties, including lengthy prison sentences and hefty fines. However, there are several defenses available to individuals charged with firearms crimes. If you or someone you know is facing a firearms-related charge, it is crucial to consult with an experienced criminal defense attorney to assess the specifics of the case and determine the most effective defense strategy.