Citation(s) from the GunPolicy.org literature library
Giffords Law Center to Prevent Gun Violence. 2024 ‘Firearm Prohibitions in Minnesota.’ Who Can Have a Gun. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 4 December
Relevant contents
Prohibited Purchasers Generally in Minnesota
Federal law prohibits certain persons from purchasing or possessing firearms, such as felons, certain domestic abusers, and certain people with a history of mental illness.
Minnesota prohibits firearm possession by a person who:
- Has been convicted of, or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing a crime of violence in Minnesota or a crime in any other jurisdiction that would be a crime of violence if committed in Minnesota;
- Is, or has ever been, committed to a treatment facility as a person who is mentally ill, developmentally disabled, or "mentally ill and dangerous to the public," or who has ever been found incompetent to stand trial or found not guilty by reason of mental illness, unless the person's eligibility to possess a firearm has been restored;
- Has been convicted of any misdemeanor (or a specific Minnesota "gross misdemeanor") drug violation, within the past three years, or who is or has ever been committed for treatment for the habitual use of a controlled substance or marijuana, unless the person's eligibility to possess a firearm has been restored;
- Has been committed to a treatment facility as chemically dependent unless the person has completed treatment or the person's eligibility to possess a firearm has been restored;
- Is a peace officer and is informally admitted to a treatment facility for chemical dependency unless the officer possesses a certificate from the head of the treatment facility discharging the officer from the facility;
- 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 of committing the crime of violence has been dismissed;
- Has been convicted in another state of committing an assault against a family or household member using a firearm within the past three years;
- Has been convicted of assaulting a family or household member and was found by a court to have used a firearm in any way during the assault (the court determines the prohibitive period for this violation);
- Has been convicted by any court of a crime punishable by imprisonment for a term exceeding one year;
- Is a fugitive from justice;
- Is an unlawful user of a controlled substance;
- Has been judicially committed to a treatment facility as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the public;
- Is an illegal alien;
- Was dishonorably discharged from the U.S. armed forces;
- Has renounced his or her U.S. citizenship; or
- Has been convicted of the following crimes at the gross misdemeanor level during the past three years:
- Crimes committed for the benefit of a gang;
- Assaults motivated by bias;
- False imprisonment;
- Neglect or endangerment of a child;
- Burglary in the fourth degree;
- Setting a spring gun;
- Riot; or
- Stalking.
A person presently charged with a crime punishable by imprisonment for more than one year is not entitled to receive any handgun or semiautomatic military-style assault weapon. In addition, persons under age 18 may not generally possess a handgun or a semiautomatic military-style assault weapon…
A sheriff or police chief in Minnesota may refuse to grant a transferee permit or notify a dealer that the transferee is ineligible for the transfer of a handgun or semiautomatic military-style assault weapon only if an applicant's background check shows that the prospective transferee is prohibited from possessing a firearm by one of the provisions mentioned above.
Other provisions of Minnesota law prohibit firearm possession by a person who:
- Has been convicted of a stalking crime and used a firearm in the commission of that crime (prohibiting the person from possessing a firearm from three years to the remainder of the person's life, if so ordered by the convicting court);
- Has been convicted of violating an order for protection and used a firearm during that violation (prohibiting the person from possessing a firearm from three years to the remainder of the person's life, if so ordered by the convicting court); or
- Is a nonresident alien, except to take game as a nonresident under the game and fish laws.
Other provisions of Minnesota law prohibit possession of a handgun by a person who:
- Has been convicted of stalking within the previous three years;
- Has been convicted of violating an order for protection within the previous three years;
- Has been convicted of assault in the fifth degree within three years of a previous assault conviction; or
- Has been convicted of assault against a family or household member within the previous three years (whether or not a firearm was used).
The state, by regulation, prohibits offenders on parole or supervised release from purchasing, obtaining or possessing firearms.
Predatory offenders who are required to register under state law are prohibited from carrying a handgun whether or not they possess a permit to carry a handgun…
[Editor's note: The Giffords Law Center to Prevent Gun Violence regularly updates its webpages with new data as US gun regulation evolves state by state. For the most up-to-date information on US gun laws, please refer to the Giffords URL below]