Minnesota Weapon & Firearm Attorney
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Weapons/Firearms Offenses in MN
As many of you know, the 2nd Amendment of the United States Constitution gives us the right to possess firearms. However, restrictions may be imposed on a person’s right to bear arms if certain circumstances exist. Minnesota has strict laws regulating the possession, use, and carrying of firearms and dangerous weapons. Weapon charges can range from carrying a firearm without a permit to more serious offenses like assault with a dangerous weapon.
If you're facing weapon charges, it's crucial to have a skilled Minneapolis weapons attorney on your side. Depending on the circumstances, an attorney can employ various defenses in your weapons case. Trevor Lushanko has a deep understanding of Minnesota weapon laws and can strategically apply the most suitable defenses to your situation. This may involve challenging a search, disputing possession, or asserting legal justifications for weapon possession or use. Call Lushanko Law at 952-818-6376 if you are charged with a weapons offense in Minnesota.
In Minnesota, weapon offenses are regulated by state law, also know as state statutes. These statutes cover a range of offenses related to the possession, use, and carrying of firearms and dangerous weapons. Penalties for these offenses can vary, and the severity often depends on factors such as the type of weapon involved, the specific circumstances of the offense, and the individual's criminal history. Below are some of the most common types of criminal weapon offenses in Minnesota.
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Carrying a Firearm Without a Permit
In Minnesota, it is illegal to carry or possess a firearm in public without a permit to carry. This offense is found under Minnesota Statutes Section 624.714, which also covers the requirements for obtaining a permit to carry. The act of carrying or possessing a firearm extends beyond simply having the gun physically on you. You may be considered in possession of a firearm if it is in your vehicle or boat, for example. A violation under this statute will result in a gross misdemeanor level offense. However, a second violation will result in a felony level offense.
Possession of Illegal Weapons
The penalties for possessing an illegal weapon vary depending on the type of weapon. For example, the maximum penalty for possessing a machine gun or a machine gun conversion kit is 20 years imprisonment and a $35,000 fine. However, if a person is convicted for possessing an illegal switchblade knife or brass knuckles, the maximum penalty is 90 days in jail and a $1,000 fine unless they possessed these weapons in a school, park, or public housing zone, which could result in increased penalties.
Assault with a Dangerous Weapon
In Minnesota, the criminal offense of assault with a dangerous weapon is a 2nd Degree Assault and is addressed under Minnesota Statutes Section 609.222. This offense involves intentionally causing or attempting to cause bodily harm or fear of bodily harm upon another person using a dangerous weapon. A dangerous weapon includes:
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 substance.
Any 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.
For example, if someone were to swing a knife at another person with the intention of making contact with that person, they could be charged with Assault with a Dangerous Weapon. The maximum penalty under Minnesota Statutes Section 609.222 Subdivision 1 for Assault with a Dangerous Weapon includes 7 years imprisonment and a $14,000 fine. However, if substantial bodily harm is inflicted on another, the maximum penalty under Minnesota Statutes Section 609.222 Subdivision 2 includes 10 years in prison and a $20,000 fine. For example, if the person swinging the knife actually cut the other person and caused considerable physical injury, they would be charged under subdivision 2.
Reckless Discharge of a Firearm
In Minnesota, the offense of reckless discharge of a firearm is covered under Minnesota Statutes Section 609.66, subdivision 1(a). This statute addresses the reckless handling or firing of a firearm in a manner that endangers the safety of another person. If the person knew or should have known that their actions could cause harm to others, this is considered reckless. For example, if someone is sitting in their apartment and they decide to fire a few gun shots through their walls, they could be charged with reckless discharge of a firearm if the apartment building was occupied by others or the person believed the apartment was occupied by others. Minnesota Statutes Section 609.66, subdivision 1(a) also criminalizes the action of pointing a firearm at another person whether it is loaded or unloaded. The maximum penalties for recklessly discharging or handling a firearm is 90 days imprisonment and a $1,000 fine unless these actions were committed in a school, park, or public housing zone, which could result in increased penalties.
Ineligible Person in Possession of a Firearm
Fugitives from justice;
Illegal aliens;
Illegal drug users;
Persons subject to an order for protection;
Persons dishonorably discharged from US armed services;
Persons who have renounced their citizenship.
Under Minnesota Statutes Section 624.713, certain individuals are ineligible to possess firearms due to specific legal restrictions. Below are some common classifications that may cause a person to be ineligible to possess a firearm under this statute:
Persons under the age of 18;
Convicted felons;
Persons convicted of domestic violence;
Persons charged with a crime of violence;
Mentally ill persons;
Chemically dependent individuals;
The penalties for being an ineligible person in possession of a firearm vary depending on the reason for their ineligibility. However, a person who possesses a firearm after being convicted of a crime of violence will face the most harsh penalties under Minnesota Statutes Section 624.713, which includes up to 15 years imprisonment and a $30,000 fine.
Carrying a Firearm Under the Influence
In Minnesota, the criminal rules regarding firearm possession while under the influence are outlined in Minnesota Statutes Section 624.714, subdivision 1a. This statute criminalizes the possession of a firearm while under the influence of drugs and/or alcohol or if your blood-alcohol content is at .04 or higher. Committing this offense will result in a misdemeanor charge and could result in a revocation of your permit to carry the firearm. A subsequent violation under this statute will result in a gross misdemeanor offense.
Enhanced Crimes Committed with a Weapon
Certain offenses may come with enhanced charges or penalties if the offense is committed with a firearm or dangerous weapon. The following crimes may carry enhanced charges or penalties:
Assault
Drug Crimes
Sex Crimes
Robbery
Drive by Shooting
Kidnapping/False Imprisonment
Murder/Manslaughter
If a firearm is used in the commission of any one of these offenses, charges or criminal penalties may be increased. For example under MN Statute 609.24, the maximum penalties for committing robbery without a dangerous weapon is 10 years imprisonment and a $20,000 fine. However under MN Statute 609.245, if a dangerous weapon is used during a robbery, the maximum penalties increase to 20 years imprisonment and a $35,000.