1. What are Carrying/ Possessing Gun Crimes?

The 2nd amendment gives people the right to bear arms. However, the United States Supreme Court and the State of Minnesota has said that that right is not unlimited. Six of the most common crimes for carrying firearm are described below.

  1. ​Ineligible Felon in Possession of a Firearm
  2. Ineligible Possession of a firearm for a qualified misdemeanor
  3. Carrying a Firearm without a Permit
  4. Possession on school property or other prohibited areas
  5. Possession While Intoxicated
  6. Unlawful Weapons to Possess

(1) Ineligible Felon in Possession of a Firearm – Minn. Stat. § 624.713 subd. 1(2)

If you have been convicted of a felony crime of violence as defined in Minn. Stat. 624.712 subd. 5, you are prohibited from possessing a firearm. Possession of a firearm by anyone who has been convicted can lead to felony charges under this statute.

(2) Ineligible Possession of a Firearm for a Qualified Misdemeanor or Gross Misdemeanor – Minn. Stat. § 624.713 subd. 4, 9, 11

There are many misdemeanor and gross misdemeanor convictions that require a 3 year waiting period before you will be eligible to receive your firearm rights back. A few of them include: Controlled Substance Crimes are under Statute 152; 4th degree burglary; child endangerment; false imprisonment, and riot. This list is not exhaustive. Violation of this statute is a gross misdemeanor offense.

(3) Carrying a Firearm without a Permit – Minn. Stat. § 624.714

In 2003, Minnesota enacted wide sweeping gun laws that included requiring a person who wants to carry a firearm in public to get a permit. This law also came with exceptions. A few of the exceptions include:

  1. carrying on your “place of business, dwelling house, premises or on land possessed by the person”. (Minn. Stat. 624.714 subd. 9(1)).
  2. carrying between a person’s dwelling and his or her place of business. (Minn. Stat. 624.714 subd. 9(3)).
  3. While hunting in the woods or target shooting in a safe are. (Minn. Stat. 624.714 subd. 9(4)). This list is not exhaustive. A violation of this statute is a gross misdemeanor offense.

(4) Possession on School Property or Other Prohibited Areas – Minn. Stat. § 609.66 subd. 1d, 1g

It is a crime to carry a firearm onto school property; into a courthouse; or in any state building in the capital area with the exception of the national armory. This list is not exhaustive.

(5) Unlawful Weapons – Minn. Stat. 609.67; 609.712

Minnesota has criminalized the possession of certain types of weapons including sawed off shotguns, machine guns, or weapons of mass destruction. This list is not exhaustive.

(6) Carrying While Intoxicated – Minn. Stat. § 624.7142

For driving a motor vehicle, there is a limit of .08 blood alcohol content level. It is important to understand that you may be charged for carrying a firearm with less than .08. Under subdivision 1(6), the State can charge you with a .04 blood alcohol content level or greater.

But even if there is no blood alcohol test, the statute includes a provision without regard to blood alcohol a person “under the influence of alcohol” while carrying may still be charged. Minn. Stat. 624.7142 subd. 1(4). How the State proves that is another matter. But carrying a firearm while consuming alcohol has lower thresholds than driving.