Saintpaulrepublicans.us Series Developing a Personal Protection Plan is a series of articles that will help you develop a Personal Protection Plan for your Home, your Work Place, and the In Between. We will give you links and resources you can research and educate yourself. On the bottom of the article are links to the other articles in this series. The website is not associated with any of the links nor gets any compensation from them. Our website administrator Publius Jr is a US Army Veteran (Reagan Era) and is a USCCA Gold Member (Veteran Discount). ~~ Publius Jr.
A Jury of your peers will ponder if your actions are reasonable in whether they convict or acquit you in a case that involves firearms.
Knowing the Gun Laws in your State
The US Constitution’s 10th Amendment allows States to make laws that are not covered in the entirety of the US Constitution. This does not allow them to make laws about Gun Control, Rules about the gun itself, the ammunition, nor the accessories that are in common use by our US Military. However since 1934 when the National Firearms Act was passed into law, which in itself is unconstitutional and later when the Gun Control Act of 1968 was passed, States have enacted all sorts of Gun laws, and it seems they want to erase the 2nd Amendment or redefine it for hunting, and sporting firearms.
While ideally that would be great to erase all State Gun Laws as States do not have jurisdictional authority to pass gun laws; in the meantime it is very important to know your Local, State, and Federal Gun Laws. For the purposes of this article the Gun Laws of Minnesota will be talked about.
Minnesota Gun Laws at a Glance
(reference from USCCA’s website for State Reciprocity and MN Gun Laws as of May 5, 2021)
Self Defense
- Minnesota is a Duty to Retreat State
- Minnesota does not have a Castle Doctrine
Carry Basics
- Minnesota is Not Constitutional Carry State
- Open Carry & Concealed Carry are legal
- Shall Issue Permit State (Concealed Carry from County Sheriff’s Office)
- Permit to purchase lasts a year after issue (through the local Police Station). If you get a concealed carry permit it allows you to purchase the entire length of the permit.
- Minimum age to get a Concealed Carry Permit is 21 years of age
- Concealed Carry allows only handguns to be carried concealed
- Pepper Spray or Tasers are legal to purchase and possess without a permit
- No magazine restrictions on the number of rounds one can have in a magazine
- Only Metal piercing bullets are not allowed to be used during the commission of a crime
Carry Locations
- You can conceal carry in a vehicle with a concealed permit, otherwise the firearm needs to be unloaded, in a secured closed case in a trunk, or in a gun box or in a securely tied package.
- You can conceal carry a loaded firearm at Road Side Rest Area with a Minnesota License or a permit from a state Minnesota recognizes.
- You can carry concealed in a State or National Park in the State or Wildlife Management Area (WMA) with a Minnesota license to carry or a state permit from a state Minnesota recognizes, except in the WMAs in Bayport, Hastings, and Raguet. See USCCA’s page on National Parks. Without a permit your firearm has to be unloaded and in a case, and if you have a bow it has to be unstrung if you are are within 200 feet of a beach or public area in the park.
- You can carry concealed in a bar/restaurant that serves alcohol as long as you are not under the influence, unless the establishment has otherwise posted that it bans guns.
- You can carry concealed in a hotel/motel unless the innkeeper believes you to be carrying and asks you to not do so, or it is posted. They can refuse to admit or service to you under these circumstances.
- An employer or a post secondary institution can not prohibit carry or possession of firearm in a parking facility or parking area.
Key State Laws
- There is no duty to inform a Police Officer that you are carrying concealed unless they ask you.
- Your Driver’s License or State ID Card is linked to a your carry permit. So immediately in a traffic stop the officer will know that you have a concealed carry permit. It is best when asked to show the Officer both your DL & your permit at the same time, so you should put them close together in your wallet or purse.
- “No Weapons Allowed Signs,” are not enforced in the state. However if you carry into an establishment with posted signs and you are discovered and refuse to leave upon request it is a petty misdemeanor
- There is a full state preemption of all gun laws, except local governments may regulate the discharge of firearms. In addition, according to statute, a person may sue a government official personally, and seek damages and attorney fees, for allegedly violating the state’s preemption statute. (Preemption means does the state law supersede local laws regarding the same topic).
- Minnesota does not have a law about brandishing a weapon, however if reckless possession or use of a firearm endangers someone else it can be considered a crime.
- Minnesota by a slim Democrat Majority Passed a Red Flag Law which took effect August 1, 2023
- Non-residents can apply for a Minnesota Concealed Carry Permit by using the process in which residents of Minnesota follow.
- Minnesota does not allow public access to records about who carries concealed in the state of Minnesota, but law enforcement does have access.
Handgun Purchase & Possession
- Anyone acquiring a handgun through a Federal Firearms Licensee (FFL) must have a permit to carry a pistol or Permit to Purchase/Transfer a firearm. A Permit to Carry lasts for 5 years and authorizes an unlimited purchases inside that time limit. Without one of those permits the FFL has to perform a background check.
- Concealed Carry Permit lasts 5 years from the time of issue.
- As of August 1st, 2023, both the owner and the recipient must fill out a record of transfer about the gun and themselves, and authorities will have 30 days to process the transfer.
- A Minnesota Permit does not exempt a purchaser from a background check.
- Minimum age to purchase a firearm is 21 years old
- There is no waiting period to take possession of a firearm for Minnesota Carry Permit holder or someone with a Permit to Purchase/Transfer a handgun. Without a permit there is a 5 to 7 day period in which a FFL has to wait unless a Police Chief or Sheriff waives the waiting period.
- There is no handgun registration in Minnesota
- The minimum age to possess and transport a firearm is 18 years old.
- You can possess or carry a handgun on your private property (business, dwelling house, premise, or land owned by the person) without a carry permit. A landlord cannot restrict the lawful carry or possession of firearms by tenants or their guests.
How to Purchase a Handgun In Minnesota
- To buy or transfer ownership of a Firearm you must have a Minnesota Permit to Carry a Pistol or Permit to Purchase/Transfer a Firearm.
- The application for a Permit to Purchase/Transfer a Firearm must be submitted in person to your local Police Chief or County Sheriff’s Office. You must present a valid Minnesota Driver’s License or State ID Card (both have a photo on them).
- After the application has been submitted your local Police Chief or County Sheriff’s Office will run a background check (National Instant Criminal Background Check System or NICS is an FBI run system). It may take 7 business days to process and a permit to purchase/transfer a firearm will be sent to you in the mail. The permit to purchase/transfer will be valid for 1 year.
- For single purchases some gun shops will actually process the permit to purchase at the store. You’ll be required to pass a background check before purchase. Not every gun shop will do this.
Other Minnesota Firearms Laws
- This is the application to apply for a Minnesota Permit to Carry a Pistol, so you know what is expected of you when you apply.
- Fees for the Minnesota Permit to Carry a Pistol is not to exceed $100. A renewal permit (applied for before the expiration of permit to carry) shall not exceed $75. (In March 2021 when I, Publius Jr, applied at the Ramsey County Sheriff’s office for my first permit to carry it was $89.00)
- Within 30 days of moving to another address, name change, loss of the permit, or destruction of it you must contact the issuing Sheriff’s Office of the Permit to carry to notify them of the new address, name change, loss or destruction of the permit. The failure to do this may result in a petty misdemeanor. The updated permit will cost $10.
- Within 30 days of lost or stolen permits must be reported to the issuing Sheriff’s Office. The failure to do so may be petty misdemeanor. You must have a notarized statement that the permit has been lost or stolen. The new permit card can cost $10.
- If you are moving into Minnesota you can apply for a Minnesota permit as soon as you get a Minnesota Driver’s License or State Photo ID Card
- If you are moving from the state of Minnesota, the permit to carry will be valid until the expiration date. You can apply for a permit to carry in the new state according to that state’s process to obtain one.
- You can carry a pistol while hunting with a rifle, or a bow.
- There is a law that prohibits those people who want to interfere with a hunter who has a permit during the season they are hunting.
How to get a Minnesota Conceal Carry a Pistol
- Complete a Firearms Training Course. After Completion it will be valid for one year. (Did an article about this here). Military Members must complete a Firearms Training Course, while they receive firearms training as part of their job, it can not be substituted for an actual course.
- Download the application or pick up one from your County Sheriff’s Office.
- Submit the following documents to the County Sheriff’s Office where you reside, (non-residents can go to any county sheriff’s office): completed application form, a photocopy of the certificate from the Firearms Training Course, and photocopy of your Driver’s License or State Photo ID Card or passport.
- You’ll be notified by mail when you receive your permit. (this took about 3 weeks for me during March 2021).
Renewals of Conceal Carry Permit Process
It is very similar to obtaining a Concealed Carry Permit above. If you should happen to let your permit to carry concealed expire you’ll have to go through the steps above again if it is beyond the 31 days after the expiration date, with the same fees.
Before your permit expires (5 years from the date it was issued) you need to take the steps to renew it.
- 90 days prior to the expiration of your permit you can start the process. You’ll probably be notified of the expiration. You can after the expiration date but within 30 days you may renew it with a late fee of $10. For late renewals your expired permit is not valid until you get your new permit.
- Complete a Firearms Training course. The cost may be less than a new permit.
- Download the application or pick one up from your county clerk’s office.
- Go to the County Clerk’s office where you reside, or Sheriff’s Office if you are non-resident permit holder to sign the application under oath and present the following documents: Training Certificate, and a photocopy of your current Driver’s License, or State Photo ID Card, Photo page of your passport (not a US Citizen but permanent resident must present an I-551 or I-151 Card). Then pay the Fee. Get a receipt from the County Clerk’s Office.
- You should receive your permit, or a reason why you might be disqualified within 45 days after the applicant has provided fingerprints (huh?)
Places You Can’t legally Carry a Firearm
Even with a Permit there are places you can’t carry a firearm (the 2nd & 10th Amendment say otherwise but until the Federal & State Governments comply with the US Constitution you might want to follow these)
- Any Federal Land or Facility
- Public or Private schools, elementary, middle or High Schools, their grounds
- Temporary buildings used by private or public schools
- School Buses
- State Correctional Facilities
- State Hospitals & Grounds
- Private Establishments with posted signs
- Places of Employment either private or public, especially if the employer restricts the possession of firearms of it’s employees
- Childcare while children are present
- Minnesota Zoological Garden
- Hotels/Motels which is up to the discretion of the innkeeper. They may refuse to admit or provide service to anyone they know is carrying or possessing a firearm
- Wildlife Management Areas (WMAs), State Game Refuges
- Any jail, or lockup, or prison
- Churches. Though some churches have members of the congregation act as armed security.
Firearms Training Courses
Minnesota statutes require permit applicants to present evidence of having received training from a certified instructor in safe use of a handgun within 1 year of the application process and for renewal as well. Firearms training course must include:
- Instruction of the fundamentals of pistol use
- Successful completion of an actual shooting qualifications exercise
- Instruction in the legal aspects of pistol possession, carry & use, including self defense on the use of deadly force
I posted an article on a Firearms Training Course in the city of St Paul (the gun range was outside of the city limits, in the South St Paul Gun Range). You can click on the article here: “USCCA Concealed Carry Training IN St Paul.”
Gun Law Reciprocity
Reciprocity in respect to gun laws is whether another state will honor your state’s gun laws. Below is a map showing which states honor the gun laws of Minnesota. The Green states do honor Minnesota’s laws, the Yellow States do honor them with some restrictions, and the Red States are those states that do not honor Minnesota’s Gun laws. Think of it as a stop light where Green is go, Yellow is caution, and Red is stop.
USCCA’s Reciprocity Map in regards to Minnesota Gun Laws
You can go to their reciprocity map and click on any state that you either live in or wish to use firearms in for hunting or a competition. Be mindful of the laws in each state and how to transport them.
USCCA Gun Law Reciprocity Map (Just click on a state)
USCCA Concealed Carry & Gun Law Reciprocity Map for Minnesota
As extensive as this article goes to lay out all the gun laws of the state of Minnesota, there might be something I missed, as I pulled the information from the USCCA website. If you feel you need to clarify some gun law you can go the Department of Public Safety’s website and look at their website. ~~ Publius Jr.
Here is their FAQs and their website that covers gun laws.
MN Dept of Public Safety’s Permit to Carry FAQs
MN Firearm Carry Laws from the Minnesota Legislative Resource Library
Other Articles in the Series Developing a Personal Protection Plan
USCCA Concealed Carry & Gun Law Reciprocity Map for Minnesota