Minnesota: State Firearms Laws

(as of August, 1994)

Please Note: In addition to state laws, the purchase, sale and (in certain circumstances) the possession and interstate transportation of firearms is regulated by the Gun Control Act of 1968, as amended by the Firearm Owners' Protection Act. Also, cities and localities may have their own firearms ordinances in addition to federal and state laws. Details may be obtained by contacting local law enforcement authorities, and by consulting the State Laws and Published Ordinances--Firearms, available from the U.S. Government Printing Office, Washington D.C. 20402.

Quick Reference Chart

                          Rifles and
                          Shotguns     Handguns
                          _____________________
Permit to Purchase           No         Yes
Registration of Firearms     No         No
Licensing of Owner           No         No
Permit to Carry              No         Yes

State Constitutional Provision on Firearms

None.

Possession

No state permit is required to to possess a rifle, shotgun, or handgun.

The following may not possess a handgun* or semiautomatic military- style assault weapon:

  1. A person under 18. But a person under 18 may carry or possess a handgun or semiautomatic military-style assault weapon in the actual presence or under the direct supervision of his parent or guardian; for purpose of a military drill; for purpose of a supervised instruction, competition or target practice on a police approved firing range; or if the person has completed a course on handgun or semiautomatic military-style assault weapon marksmanship and safety approved by the Commissioner of Natural Resources.
  2. A person convicted of a crime of violence, (Crime of violence includes murder, manslaughter, aiding suicide or attempting suicide, false imprisonment, rape, aggravated sodomy, felonious theft, aggravated arson riot, burglary, reckless use of a gun or dangerous weapon, intentionally pointing a gun, setting a spring gun, and unlawfully owning, possessing or operating a machine gun, and an attempt to commit any of these offenses.) unless 10 years have elapsed since he has been restored his civil rights or the sentence has expired, whichever occurs first, and during that time he has not been convicted of any other crime of violence.
  3. A person who is or has ever been confined or committed as ``mentally ill,'' ``mentally deficient'' or ``dangerous to the public,'' unless he possesses a doctor's certificate or other satisfactory proof that he is no longer suffering from this disability.
  4. A person convicted of a misdemeanor or gross misdemeanor drug violation or who is or ever has been hospitalized or committed for treatment for the habitual use of a controlled substance, unless possessing a doctor's certificate or other satisfactory proof that he has not abused a controlled substance during the previous 2 years.
  5. A person who has been confined or committed to a treatment facility as ``chemically dependent,'' unless the person has completed treatment.
  6. A person convicted of assault or battery against a family or household member, unless 3 years have elapsed since the conviction.
  7. A peace officer who is informally admitted to a treatment facility for chemical dependency, unless the officer has a certificate from the head of the treatment facility discharging the officer from the treatment facility.
  8. A person who 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 has been dismissed.
Liability does not attach to a doctor who issues a certificate in good faith.

The disqualifications listed in 1 to 6 ``shall not apply to antique firearms which are carried or possessed as curiosities or for their historical significance or value.''

The following are unlawful: ``Without the parent's or guardian's consent, furnishing a child under 14 years of age, or as a parent or guardian permits such child to handle or use, outside of the parent's or guardian's presence, a firearm or airgun of any kind, or any ammunition or explosive.''

``In any municipality of this state, furnishing a minor under 18 years of age with a firearm, airgun, ammunition, or explosive without the written consent of his parent or guardian or of the police department or magistrate of such municipality.''

A nonresident alien may not possess a firearm except to take game as a nonresident under the game laws.

It is unlawful to possess, store, or keep a deadly weapon on school property or school bus. This does not apply to pistols carried with a permit, persons who keep or store in a motor vehicle firearms in accordance with state law, gun safety or marksmanship courses or activities, gun shows, ceremonial color guard, and person with the principal's written permission.

* A handgun ``includes a weapon designed to be fired by the use of a single hand and with an overall length less than 26 inches, or having a barrel of a length less than 18 inches in the case of a shotgun or having a barrel of a length less than 16 inches in the case of a rifle.'' BB guns of .18 caliber or less are exempt. Semiautomatic military-style assault weapon means Avtomat Kalashnikov (AK-47), Beretta AR-70 and BM-59, Colt AR-15, Daewoo Max-1 and Max-2, Famas MAS, Fabrique Nationale FN-LAR and FN-FNC, Galil, Heckler & Koch HK-91, HK-93 & HK-94, Sigarms SIG 550SP & 551SP, SKS with detachable magazine, Steyr AUG, and Valmet M76 & M78 semiautomatic rifle types; Intratec TEC-9 pistol type; Ingram MAC-10 and MAC-11 and Uzi pistol and carbine types; Street Sweeper & Striker-12 revolving cylinder shotgun types and USAS 12 semiautomatic shotgun type; another model or version of the listed firearms by the same manufacturer or under a license to another manufacturer or seller. The superintendent of the Bureau of Criminal Apprehension shall annually publish list of firearms included in the definition of semiautomatic military-style assault weapon.

Carrying

It is unlawful for a person other than a law enforcement officer, to carry, hold, or possess a firearm in a motor vehicle, snowmobile, or boat, or on or about his clothes or person, or otherwise in his possession or control in a public place or public area without a permit to carry. It is unlawful to engage in activities other than those for which the permit has been issued.

Applications for a carrying permit shall be made to the police chief where the applicant resides or to the county sheriff where there is no such police chief where the applicant resides. The police shall then check criminal records, histories, and warrant information on the applicant.

No permit to carry shall be granted unless the applicant:

  1. Is not a person prohibited from possessing a handgun or semiautomatic military-style assault weapon (See 1 to 6 of Possession).
  2. Provides a firearms safety certificate recognized by the Department of Natural Resources, evidence of successful completion of a test of ability to use a firearm supervised by the police chief or sheriff, or other proof of ability to use a handgun safely.
  3. Has an occupation or personal safety hazard requiring a permit to carry.
Failure to deny the application or issue a permit within 21 days of the date of application shall be deemed a grant of the permit to carry. Permits and renewals are granted free of charge. The permit shall specify the activities for which it shall be valid. Permits are good for one year. No restriction is placed on the number of pistols carried.

A Minnesota Supreme Court ruling has had the effect of serving notice on licensing authorities that they need not issue a permit absent the most compelling reasons for securing a permit.

A permit is not required of a person:

  1. To keep or carry a handgun about the person's place of business, dwelling, house, premises, or on land possessed by the person.
  2. To keep or carry from a place of purchase to his dwelling house or place of business, or from his dwelling house or place of business to or from a place where repairing is done to have the handgun repaired.
  3. To carry a handgun between his dwelling house and his place of business.
  4. To carry in the woods or fields or upon the waters for hunting or target shooting in a safe area.
  5. To transport in a motor vehicle, snowmobile or boat if the firearm is unloaded and in a closed and fastened case, gunbox or securely tied package.
  6. To carry on guard duty or otherwise engaged in an assigned duty while guard at an adult correctional institution.
The firearm carrying restrictions do not apply to antique firearms carried or possessed as curiosities or for their historical significance or value.

Except for handguns carried pursuant to a carrying permit, rifles and shotguns transported in a motor vehicle, airplane, or snowmobile must be unloaded in both barrel and magazine and cased unloaded in a car trunk or rearmost location of the vehicle.

Except when engaged in lawful hunting or when at a target range operating under a permit from the Department of Natural Resources, it is unlawful to be in possession of a rifle or shotgun outdoors unless it Is unloaded and either cased or broken down.

Muzzle-loading rifles and shotguns are considered unloaded even though a charge is in the barrel, provided the gun is without a percussion cap or powder in the flash pan.

Purchase

A handgun or semiautomatic military-style assault weapon may be sold by a dealer to a person who (1) presents a handgun transfer or carrying permit, or (2) who has undergone a seven-day waiting period and a handgun transfer report has been filed.

A transfer permit may be obtained at no cost from the police chief of a municipality or the county sheriff. The information requested consists of name, residence, telephone number, driver's license number or non qualification certificate number, sex, birthdate, height, weight, and color of eyes, and that the person does not fall into any of the categories listed in 1 to 6 under Possession.

The police chief or sheriff investigates the applicant and must issue or deny the permit within seven days. Grounds 1 to 6 under Possession are the only basis for a denial. A transfer permit is good statewide for one year to purchase one or more handguns either at one time or at intervals throughout the year.

A person without a permit to transfer or carry must utilize a transfer report. The transfer report contains the same information required in a permit to transfer and must be signed by the transferor and the proposed recipient. The transferor must deliver the report to the police chief or sheriff no later than three days after the date of the agreement to transfer, excluding weekends and legal holidays. No fee is charged for the transfer report.

Upon receipt of a transfer report, the police chief or sheriff investigates the potential recipient. Grounds 1 to 6 under Possession are the only basis for a denial. A handgun or ``assault weapon'' cannot be delivered until seven days after the agreement to transfer. The police may waive all or part of the seven-day waiting period. At the end of the seven days, the handgun or ``assault weapon'' may transferred if the transferor hears nothing unfavorable from the police. Additional handguns or ``assault weapons'' may then be transfered for a 30-day period following the date of delivery of the first handgun or ``assault weapon'' between that transferor and recipient without the necessity of a transfer report or a seven-day waiting period.

Once a police determination has been made that a handgun or ``assault weapon'' recipient is not prohibited from possessing a handgun or ``assault weapon,'' the recipient may within 30 days after the determination apply to the police chief or sheriff for a handgun or ``assault weapon'' transfer permit, and the permit shall be issued.

A person transferring a handgun or ``assault weapon'' to a person exhibiting a handgun or ``assault weapon'' transfer or carrying permit is not required to file a handgun or ``assault weapon'' transfer report.

After a determination has been made that the person receiving a handgun or ``assault weapon'' is not precluded from possessing one, the person may request that no record be kept of the fact that he is the recipient of a handgun or ``assault weapon.'' The police chief or sheriff shall sign the transfer report and return it to the person receiving the handgun or ``assault weapon.'' Thereafter, no government employee or agency shall maintain a record of the transfer which identifies the person who received the handgun or ``assault weapon.''

The requirements of a permit to transfer, permit to carry, or report of transfer and a seven-day waiting period do not apply to transfers between nondealers or of antique firearms acquired as curiosities or for their historical significance or value.

No person shall transfer a handgun or ``assault weapon'' to another who is not personally known to the transferor unless the proposed recipient presents evidence of his identity.

No person who is not personally known to the transferor shall become the recipient of a handgun or ``assault weapon'' unless he presents evidence of his identity to the transferor.

Each firearm dealer shall display a warning that it is unlawful to store or leave a loaded firearm where a child under 14 can obtain access.

Antiques and Replicas

Antique firearm means any firearm, including any pistol, with a matchlock, flintlock, percussion cap, or similar type of ignition system manufactured before 1899 and any replica of any firearm described therein if such replica is not designed or redesigned, made or remade, or intended to fire conventional rimfire or centerfire ammunition or uses conventional rimfire or centerfire ammunition which is not readily available in the ordinary channels of commercial trade.

Machine Guns

A machine gun means ``any firearm designed to discharge, or capable of discharging automatically more than once by a single function of the trigger.''

The following persons may own or possess a machine gun or machine gun conversion kit or trigger activating device increasing the rate of fire to that of a machine gun or a shotgun with a barrel less than 18 inches or an overall length of less than 26 inches:

  1. Law enforcement officers or armed forces personnel for use the course of their duties.
  2. Wardens of institutions for retaining persons convicted or accused of crime, and persons authorized by wardens, for use in the course of their duties.
  3. Persons possessing machine guns or short-barreled shotguns which, although designed as weapons, have been determined by the superintendent of the Bureau of Criminal Apprehension or his delegate by reason of the date of manufacture, value, design, or other characteristics to be primarily collectors' items, relics, museum pieces or objects of curiosity, ornaments or keepsakes, and are not likely to be used as weapons.
  4. Manufacturers of ammunition who use and possess machine guns for testing ammunition to be used by law enforcement agencies and correctional facilities.
  5. Federally licensed dealers and manufacturers who use such weapons to train peace officers or sell to law enforcement agencies.
A person owning or possessing a machine gun or short-barreled shotgun shall, within 10 days after acquiring ownership or possession, file a written report with the Bureau of Criminal Apprehension showing his name, address, official title and position, if any, a full description of the arm, the purpose for which it is owned or possessed, and ``such further information as the Bureau may reasonably require.''

Miscellaneous

It is unlawful for any federally licensed dealer to sell a ``Saturday Night Special'' handgun, or for any person to manufacture or assemble it in whole or in part.

Such handguns are defined as ``a pistol 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 breechlock:

``(a) of any material having a melting point (liquidus) of less than 1,000 degrees Fahrenheit, or

``(b) of any material having an ultimate tensile strength of less than 55,000 pounds per square inch, or

``(c) of any powdered metal having a density of less than 7.5 grams per cubic centimeter.''

State law supersedes municipal or county regulation of handguns, transfers, possession, or carrying.

It shall be unlawful to take any wild animal by means of discharging any firearm thereat from a motor vehicle or airplane or snowmobile. However, migratory waterfowl may be taken from a floating craft including those propelled by motor, sail and wind, or both, if the motor is shut off and the sails are furled, the progress of the craft caused by such propulsion has ceased, and the craft is drifting, beached, moored, resting at anchor, or is being propelled by paddle, oars or pole. Game Wardens may confiscate firearms used in unlawful hunting.

SOURCE: Minn. Stat. Ann. Sec. 609.67, 624.711 et seq., 609.66.

Caution: State firearms laws are subject to frequent change. The above summary is not to be considered as legal advice or a restatement of law. To determine the applicability of these laws to specific situations which you may encounter, you are strongly urged to consult a local attorney. 

                  Compiled by:
        NRA Institute for Legislative Action
              11250 Waples Mill Road
              Fairfax, Virginia 22030

   (c)  1994, NRA Institute for Legislative Action.

NS 01190                             Rev. 8/94 5M