Facing gun or weapons charges in Minnesota? Our experienced Mankato
criminal defense attorneys protect your rights and fight for the best outcome.
Gun and weapons charges in Minnesota carry severe penalties including prison time, heavy fines, and the permanent loss of your firearms rights. Whether you are facing charges for illegal possession, carrying without a permit, or using a weapon in the commission of another crime, you need experienced legal representation immediately.
At Birkholz Law, our criminal defense attorneys understand Minnesota’s complex firearms and weapons laws. We defend clients against all types of weapons charges and work aggressively to protect both your freedom and your Second Amendment rights.
Minnesota law regulates the possession, carrying and use of firearms and other weapons. Violations can range from misdemeanors to serious felonies depending on the circumstances. Our attorneys will analyze the specific facts of your case and develop a defense strategy designed to achieve the best possible outcome.
Minnesota weapons charges encompass a wide range of offenses. Illegal possession of a firearm by a prohibited person (Minn. Stat. § 624.713) is a felony carrying up to 15 years in prison. Carrying a pistol without a permit (Minn. Stat. § 624.714) is a gross misdemeanor. Possession of a stolen firearm, reckless discharge of a firearm, and furnishing a firearm to a minor are all serious offenses with significant penalties.
Using a weapon in the commission of another crime can dramatically increase the penalties you face. Minnesota’s dangerous weapon enhancement (Minn. Stat. § 609.11) imposes mandatory minimum sentences when a firearm or other dangerous weapon is used during the commission of certain felonies. For example, using a firearm during a robbery triggers a mandatory minimum three-year consecutive prison sentence.
Our attorneys handle all types of weapons cases and understand the nuances of Minnesota firearms law. We know which defenses are most effective for each type of charge and how to present them persuasively to judges and juries.
Under Minn. Stat. § 624.713, certain individuals are prohibited from possessing firearms. This includes individuals convicted of crimes of violence, individuals convicted of domestic violence offenses, individuals subject to qualifying protective orders, individuals who have been committed for mental illness, and individuals who are fugitives from justice.
The definition of ‘crime of violence’ under Minnesota law (Minn. Stat. § 624.712, subd. 5) includes a specific list of offenses. Not all felony convictions qualify, our attorneys carefully analyze whether your specific conviction falls within the statutory definition. If it does not, you may not be prohibited under state law, even if you are prohibited under the broader federal statute.
Many weapons cases arise from traffic stops, home searches, or encounters with law enforcement in public places. The Fourth Amendment protects you from unreasonable searches and seizures, and any evidence obtained in violation of your constitutional rights may be suppressed.
Our attorneys challenge the legality of every search that produces weapons evidence. We examine whether the traffic stop was lawful, whether the officer had probable cause or a valid warrant for a search, whether consent was truly voluntary, and whether the search exceeded its lawful scope. In cases involving ‘stop and frisk’ encounters, we challenge whether the officer had reasonable suspicion to conduct a pat-down and whether the pat-down was limited to a search for weapons as required by Terry v. Ohio.
We also challenge constructive possession theories in cases where a firearm was found in a shared space, such as a vehicle with multiple occupants or a residence with multiple inhabitants. The prosecution must prove that you knew about the firearm and had the ability and intent to exercise control over it. Simply being near a firearm is not enough.
Mark, a construction worker from Blue Earth County, was excited for the annual deer hunting opener with his buddies. Years ago, he had a felony drug possession conviction from his early twenties, a mistake he thought was long behind him. He borrowed his uncle’s hunting rifle for the trip, believing that since it wasn’t a handgun and he wasn’t a ‘violent’ criminal, he was in the clear. This assumption, a common one, would prove to be a life-altering mistake.
On the way home, a state trooper pulled Mark over for a cracked taillight. Seeing the rifle case in the back, the trooper asked Mark about his day. Mark, trying to be cooperative, explained he’d been hunting and answered all the officer’s questions. When the trooper ran his name and discovered the old felony, Mark was arrested for being a felon in possession of a firearm under Minn. Stat. § 624.713. He was shocked, confused and terrified.
Mark’s biggest mistake, besides not understanding the law, was speaking to law enforcement without an attorney. He admitted to possessing the firearm and even provided details about his hunting trip, all of which became evidence against him. He didn’t know that Minnesota law permanently strips firearm rights for anyone convicted of a ‘crime of violence’, a category that includes felony drug possession. He was facing a mandatory minimum of five years in prison.
A knowledgeable criminal defense attorney immediately gets to work dissecting the case. The attorney would first analyze the traffic stop for any constitutional violations that could lead to the suppression of evidence. They would scrutinize the prior conviction to ensure it qualifies as a ‘crime of violence’ under the statute. The attorney’s role is to build a defense that protects the client’s rights and forces the state to prove every element of its case beyond a reasonable doubt, a task that is often more complex than it first appears.
A Minnesota weapons conviction carries severe penalties that extend far beyond jail time or fines, creating lifelong barriers to stability and success. Employment prospects dim significantly, as many employers are hesitant to hire individuals with firearms offenses on their record, particularly for roles involving security, transportation or customer interaction. This stigma can turn a job search into a frustrating and demoralizing process, limiting career advancement and financial security for years to come.
Housing is another major challenge. Landlords frequently run background checks and a firearms conviction can be an automatic disqualifier for rental applications, making it difficult to find safe and affordable housing. This can lead to housing instability, forcing individuals and their families into precarious living situations. Federal housing assistance programs also have strict rules regarding criminal records, further limiting options for those in need.
Perhaps the most direct consequence is the permanent loss of Second Amendment rights under both state and federal law. A conviction for a ‘crime of violence’ under Minn. Stat. § 624.713 or a federal felony under 18 U.S.C. § 922(g) means you can never legally own a firearm or ammunition again. This impacts not only personal protection but also recreational activities like hunting. For many Minnesotans, this is a significant loss of a cherished right and pastime.
The conviction’s impact ripples through family life and other civil liberties. It can be used as a negative factor in child custody disputes, potentially limiting your ability to see your children. For non-citizens, a firearms offense is often considered an aggravated felony, which can lead to mandatory deportation regardless of how long you have lived in the United States. The conviction can also affect eligibility for certain professional licenses and educational opportunities, closing doors that were once open.
‘The police need a warrant to search my car for a gun.’ This is a dangerous misunderstanding of the law. Under the ‘automobile exception’ to the Fourth Amendment, police can search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime. If an officer sees a firearm in plain view or has another reason to suspect an illegal weapon is in the car, they can conduct a search on the spot. This is a critical reason to never consent to a vehicle search.
‘If I have a permit to carry, I can carry my gun anywhere.’ Minnesota’s permit to carry, governed by Minn. Stat. § 624.714, has important limitations. You cannot carry a firearm in a school, a courthouse, a state hospital or on private property where the owner has posted a sign or personally notified you that guns are not allowed. Carrying in a prohibited location can lead to a gross misdemeanor charge and the revocation of your permit.
‘It was just in my trunk, so I wasn’t ‘possessing’ it.’ The legal concept of ‘possession’ is much broader than most people think. It includes both ‘actual possession’ (on your person) and ‘constructive possession’. Constructive possession means you had knowledge of the firearm and the ability to exercise control over it, even if it was in a car trunk, a glove box or your friend’s backpack. Prosecutors frequently use this doctrine to charge individuals who weren’t physically holding the weapon.
‘It’s just a state charge, so it won’t affect my federal rights.’ A state firearms conviction can and often does trigger federal prosecution. Under 18 U.S.C. § 922(g), it is a federal crime for anyone convicted of a felony in any court to possess a firearm. This means you can be charged and convicted in both state and federal court for the same act of possession, a concept known as dual sovereignty. Federal penalties are often harsher and served in prisons far from home.
The Fourth Amendment to the U.S. Constitution is your primary shield against illegal searches and seizures. In the context of a firearms case, this means the police must have a lawful reason to stop you and a legal basis to search your person, vehicle or home. For example, in State v. Diede, the Minnesota Supreme Court affirmed that officers need reasonable, articulable suspicion of criminal activity to justify a traffic stop. If the stop itself is illegal, any evidence found as a result, including a firearm, can be suppressed and excluded from court.
Your Fifth Amendment right to remain silent is critical. You are never required to answer police questions about whether you have a firearm, where you were going or why you have a weapon. Politely stating ‘I am exercising my right to remain silent’ is the correct and only response. As established in Miranda v. Arizona, any statements you make during a custodial interrogation can be used against you, and providing information often does nothing more than help the prosecutor build their case.
Minnesota statutes provide specific rights regarding firearm transportation. Minn. Stat. § 97B.045 specifies that firearms must be unloaded and cased while in a motor vehicle. However, the statute has exceptions, including for those with a valid permit to carry. Understanding the nuances of these transport laws is a key defense area. An attorney can argue that your actions fell within the legal requirements or that the state cannot prove you violated the specific terms of the statute.
The right to a jury trial and to confront your accusers are fundamental. The state has the burden of proving every element of the alleged offense beyond a reasonable doubt. This includes proving not only that you possessed the firearm but that you did so knowingly and without a valid legal excuse. A defense attorney will cross-examine the state’s witnesses, challenge the chain of custody for the firearm and argue to the jury that the state has failed to meet its high burden of proof.
Challenging the legality of the initial police encounter is often the most effective defense strategy. This involves filing a motion to suppress evidence based on a violation of your Fourth Amendment rights. If the police lacked reasonable suspicion for the traffic stop or probable cause for the search, the firearm evidence can be thrown out. For example, in State v. Burbach, the Minnesota Supreme Court suppressed evidence from a stop that was improperly expanded beyond its original purpose, a common police tactic that a skilled attorney can identify and attack.
Another powerful strategy is to contest the element of ‘possession’. The prosecutor must prove you knowingly possessed the firearm. This can be difficult in cases of ‘constructive possession’ where multiple people had access to the location where the gun was found. We can argue that you were merely present but did not have the requisite knowledge or control over the weapon. This defense creates reasonable doubt by showing that the firearm could have belonged to someone else.
In cases charging a felon in possession under Minn. Stat. § 624.713, a critical defense is to challenge whether the prior conviction actually qualifies as a ‘crime of violence’. The statute lists specific offenses, and the prosecution’s case can fall apart if the prior conviction does not fit the legal definition. This requires a detailed analysis of past court records and a experience with Minnesota case law interpreting the statute, such as the analysis in State v. Fleck, which clarified the meaning of ‘assault’ for the purposes of this law.
Finally, procedural and evidentiary defenses can win a case at trial. This involves holding the prosecution to its strict burden of proof. We can challenge the chain of custody of the firearm, the functionality of the weapon or the credibility of the state’s witnesses through rigorous cross-examination. By raising reasonable doubt about any single element of the offense, we can secure a ‘not guilty’ verdict from the jury.
Minnesota requires a permit to carry a pistol in public (Minn. Stat. § 624.714). You do not need a permit to possess a firearm in your home or place of business, or to transport an unloaded firearm in a case. Carrying without a permit is a gross misdemeanor for a first offense.
Under Minnesota law, a prohibited person who possesses a firearm faces up to 15 years in prison and a $30,000 fine. Under federal law (18 U.S.C. § 922(g)), the penalty is up to 15 years in federal prison. If you have three or more prior violent felony or serious drug offense convictions, the federal Armed Career Criminal Act imposes a mandatory minimum of 15 years.
It depends on the outcome of your case. If charges are dismissed or you are acquitted, you are generally entitled to the return of your firearms. If you are convicted, your firearms may be forfeited. Our attorneys can advise you on the specific procedures for recovering seized firearms.
Expungement does not automatically restore firearms rights. If your conviction resulted in the loss of gun rights, you may need to pursue a separate gun rights restoration petition. Our attorneys can advise you on both expungement and gun rights restoration and coordinate both proceedings when appropriate.
For many offenses, yes, but it is a complex process. If your rights were lost due to a conviction for a ‘crime of violence’ as defined in Minn. Stat. § 624.713, the prohibition is permanent. For other offenses, you may be able to petition the court for restoration, but the requirements are strict and legal guidance is essential.
Carrying without a permit under Minn. Stat. § 624.714 is typically a gross misdemeanor, while being a felon in possession of a firearm is a serious felony with a potential mandatory prison sentence. The key difference is the legal status of the person possessing the firearm; a prior felony conviction dramatically increases the severity of the charge.
No. Minnesota is not a ‘must inform’ state. While you must comply with an officer’s lawful orders, you are not required to volunteer that you have a firearm. The Fifth Amendment protects your right to remain silent, and it is almost always in your best interest to use it.
Generally, you can possess a firearm in your own home without a permit. However, if you are a person prohibited from possessing firearms, such as due to a felony conviction or a domestic violence order, this prohibition applies everywhere, including your residence. The location of the firearm does not change your prohibited status.
A firearm can be illegal for several reasons. It could be an unregistered short-barreled shotgun or rifle, a machine gun not legally owned under federal law, or a firearm with the serial number removed. Additionally, a firearm can be ‘unlawful’ simply because the person possessing it is legally prohibited from doing so.
Not necessarily, but the risk is high. Even a first-time offense for carrying without a permit can result in jail time. For felony-level charges like felon in possession, there is a presumption of a prison sentence, especially if the person has a criminal history. An experienced attorney can argue for alternatives like probation or a downward departure from sentencing guidelines, but it is a difficult fight.
Your rights are at stake. Contact Birkholz Law today to speak with a
weapons defense attorney in Mankato.
Award-winning law firm serving Southern Minnesota for over 50 years. Dedicated to protecting your freedom, rights and family.
121 St. Andrews Court Mankato, MN 56001
209 Armstrong Blvd South St. James, MN 56081
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