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Minnesota Constitutional Carry Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Minnesota Constitutional Carry Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Overview of Gun Control Issues

Gun control remains a contentious issue in the news. On one side, there is the right for citizens to bear arms for self-defense, while on the other, there is concern for public safety due to mass shootings. Federal gun laws have seen little change, leaving states like Minnesota to find a balance through their own legislation.

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Federal Law

Federal law on gun control begins with the Second Amendment to the U.S. Constitution, which states:

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.”

In District of Columbia v. Heller (2008), the Supreme Court ruled that the Second Amendment provides an individual right to possess a gun for self-defense. More recently, in New York State Rifle & Pistol Association v. Bruen (2022), the Court extended this right to carrying firearms in public. These rulings have significant implications for state regulations, which must align with the historical framework for firearms regulation in the U.S.

The Gun Control Act of 1968 (GCA) regulates interstate commerce in firearms, requiring manufacturers, sellers, and importers to obtain a federal firearms license. It also bans ownership of machine guns and sets forth categories of persons prohibited from firearm possession, such as felons and those convicted of domestic violence. The Brady Act amendments established the National Background Check System (NICS) and a minimum waiting period for background checks.

State Law

Federal law provides a baseline for firearm regulation, with states often adding further regulations. These may include waiting periods, registration requirements, concealed carry permits, and additional prohibitions on firearm possession.

Minnesota Gun Control Laws

Firearm Registration

Minnesota does not require firearm registration. Traditional rifles and shotguns can be purchased without a permit, but a handgun purchase requires a valid permit, including a background check. Purchase or transfer of pistols or semi-automatic military-style assault weapons also requires a permit.

Permits and Background Checks

Applicants for a gun permit in Minnesota must undergo a criminal background check through the Minnesota Crime Information System and NICS. Permits can be obtained from local police chiefs or county sheriffs.

A permit is also required to carry a gun in public. Minnesota is a “shall issue” state, meaning permits are issued based on objective criteria without discretionary denial by officials.

Specific Situations and Exceptions

A permit is not required to:

  • Keep or carry a firearm at home, business, or land under one’s control
  • Transport a pistol from the purchase point to home, business, or for repairs
  • Carry a pistol between home and business
  • Carry a pistol for hunting or target shooting in designated areas
  • Transport a pistol in a motor vehicle, snowmobile, or boat if unloaded and secured

Minnesota law prohibits firearms on school property, including campuses, school buses, and childcare centers when children are present. It also has a state preemption law preventing local governments from enacting conflicting firearm regulations.

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Relevant Statutes

Minnesota’s gun control laws can be found in the following statutes:

  • Section 609.66: Dangerous Weapons; Prohibition on firearms on school property
  • Section 609.67: Machine Guns and Short-Barreled Shotguns
  • Section 624.713: Certain Persons Not to Possess Firearms
  • Section 624.7132: Report of Transfer of Firearms

Illegal Firearms and Devices

Illegal to possess, with exceptions for law enforcement and military:

  • Machine guns or conversion kits
  • Short-barreled shotguns
  • Trigger activators
  • Spring guns
  • Saturday Night Special pistols
  • Swivel and set guns (for deer hunting)

Waiting Period

There is a 30-day waiting period for handguns and military-style assault weapons, which can be waived in certain circumstances.

Prohibited Possessors

Those prohibited from possessing firearms include:

  • Minors (with limited exceptions)
  • Persons under extreme risk protection orders (red flag law)
  • Persons prohibited under federal law
  • Persons convicted of certain crimes, including domestic violence
  • Persons under specific mental health commitments or findings
  • Certain substance abusers
  • Aliens unlawfully in the U.S.
  • Persons dishonorably discharged from the military
  • Fugitives from justice

Licensing and Permits

  • No general firearm license required
  • Permit required for handguns or semi-automatic military-style assault weapons
  • Concealed carry permit required, which also acts as a purchase permit
  • Open carry allowed with a valid carry permit

Penalties

Penalties for illegal possession and other violations include:

  • Suppressor possession: 2–5 years in prison, $5,000-$10,000 fine
  • Furnishing firearms to minors without consent: up to 10 years in prison, $20,000 fine
  • Illegal possession or operation of machine guns: up to 20 years in prison, $10,000 fine
  • Illegal firearm possession: can be a gross misdemeanor or felony, with penalties up to 15 years in prison, $30,000 fine
  • Illegal transfer to minors: gross misdemeanor, becomes felony if transferred to someone under 18
  • Illegal possession on school grounds: felony punishable by up to 5 years in prison, $10,000 fine; misdemeanor if possessing a valid permit

Constitutional Carry Laws