Minnesota gun laws operate on a shall-issue policy with permits being issued at the local level. The state has full preemption over local laws relating to firearms. Permits from other states will be honoured provided that states carry laws are similar to Minnesotas.
The gun laws in Minnesota are not restrictive and lay somewhere in the middle when compared to other states. Non-residents of the state can also apply for a CCW permit without too much difficulty although they will need to make a personal appearance in Minnesota. A couple of things that differ from other states is that you will need a permit to purchase a handgun and there is additional training required when you renew a permit to carry. The permit to carry acts as a permit to purchase and there is a seperate permit to purchase/transfer available if a person does not have the carry permit. Minnesota also has a duty to retreat law so a gun can only be used as a last resort.
| Subject | Hand Gun | Long Gun | Notes |
|---|---|---|---|
| Ammunition restrictions | No | No | |
| Assault weapon law | No | No | Assault weapons can be purchased by persons 18 or older with a permit to purchase or a permit to carry for persons 21 or older. |
| Background checks | No | No | Background checks are not required for private sales. |
| Concealed carry permit required | Yes | Not Applicable | Carrying handguns requires a Minnesota Permit to Carry. The permit does not require handguns to be concealed but it is legal to conceal a handgun if you wish to carry that way. |
| Firearm registration | No | No | |
| Magazine capacity restriction | No | No | |
| Open carry permit required? | Yes | Yes | You can carry a handgun or long gun openly if you have a Permit to Carry a Pistol. It is illegal to carry a BB gun, shotgun or rifle openly in a public place without a permit. |
| Owner permit required | No | No | |
| Peaceable journey law | Yes | Yes | Provided a gun is unloaded, in a case and legally possessed it my be transported in a motor vehicle. |
| Purchase permit required | Yes | No | For Minnesota residents a Permit to Carry acts as permit to purchase. No permit is required to purchase shotguns or rifles. A permit to purchase is required if you want to transfer long guns with a pistol grip or handguns through a FFL dealer. |
| Restriction on NFA weapons | Yes | Yes | Short-barreled shotguns and machine guns are prohibited. Short-barreled rifles and sound suppressors are legal. |
| State preemption of local restrictions | Yes | Yes | Discharge of firearms can be regulated by municipalities within their borders. |
5 Years
Permits to carry are issued to non-residents. The application process and the fee is the same as for residents. The only difference is that non-residents can apply at any Minnesota county sheriffs office.
The issuing Sheriffs office must be informed within 30 days if you change your name or permanent address. An updated permit can be obtained for a fee of $10. Failing to notify the Sheriff of any name or permanent address change is a petty misdemeanour.
If a permit is stolen or lost then the issuing sheriff must be notified within 30 days. The sheriff will also require a notarised statement that the permit has been lost or stolen. Replacement permits can be obtained for $10. Failure to notify the sheriff within 30 days that your permit has been lost or stolen is a petty misdemeanour.
| Application Conditions | Original | Renewal |
|---|---|---|
| Permit to carry | $100 | $75 |
| Late fee | $10 |
Application fee’s for a permit to carry in Minnesota vary in each county and are set by the county sheriff’s office.
The sheriff’s office is restricted by law as to the maximum amount they can charge for a permit. For new permits the fee cannot be set to more than $100 and $75 for renewals. There is a $10 late fee if a renewal application is made after the permits expiry date. The late fee can only be charged for up to 30 days after the permits expiry date and then a new permit application must be filed.
Subd. 2.
Subd. 21.
Fees collected by sheriffs under this section and not forwarded to the commissioner must be used only to pay the direct costs of administering this section. Fee money may be used to pay the costs of appeals of prevailing applicants or permit holders under subdivision 8, paragraph (c); subdivision 12, paragraph (e); and subdivision 16, paragraph (c). Fee money may also be used to pay the reasonable costs of the county attorney to represent the sheriff in proceedings under this section. The revenues must be maintained in a segregated fund. Fund balances must be carried over from year to year and do not revert to any other fund. As part of the information supplied under subdivision 20, paragraph (b), by January 31 of each year, a sheriff must report to the commissioner on the sheriff’s segregated fund for the preceding calendar year, including information regarding:
Subd. 7a.
A permit to carry is not required of a person:
Within one year of the application for a CCW permit. Attendance at a firearms training course is required for original and renewal applications for a CCW permit.
Certificates must be signed by a certified instructor stating the person attended and passed the firearms course.
Military personnel are not exempt from training. They must complete the same standard course that Minnesota state residents take. I would discuss this with the sheriff as he can accept other evidence of training.
3. Check that you have these documents;
4. You will then need to submit the completed application and documents to the sheriff’s office in your county of residence. Non-residents may submit the application at any Minnesota county sheriff’s office.
5. You will be notified within 30 days by mail if your application has been approved or denied.
Subdivision 1.When authorized.
Except as otherwise provided in subdivision 2, reasonable force may be used upon or toward the person of another without the other’s consent when the following circumstances exist or the actor reasonably believes them to exist:
Subd. 2.Deadly force used against peace officers.
Deadly force may not be used against peace officers who have announced their presence and are performing official duties at a location where a person is committing a crime or an act that would be a crime if committed by an adult.
The intentional taking of the life of another is not authorized by section 609.06, except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor’s place of abode.
Subdivision 1.Deadly force defined.
For the purposes of this section, “deadly force” means force which the actor uses with the purpose of causing, or which the actor should reasonably know creates a substantial risk of causing, death or great bodily harm. The intentional discharge of a firearm, other than a firearm loaded with less lethal munitions and used by a peace officer within the scope of official duties, in the direction of another person, or at a vehicle in which another person is believed to be, constitutes deadly force. “Less lethal munitions” means projectiles which are designed to stun, temporarily incapacitate, or cause temporary discomfort to a person. “Peace officer” has the meaning given in section 626.84, subdivision 1.
Subd. 2.Use of deadly force.
Notwithstanding the provisions of section 609.06 or 609.065, the use of deadly force by a peace officer in the line of duty is justified only when necessary:
Subd. 3.No defense.
This section and sections 609.06, 609.065 and 629.33 may not be used as a defense in a civil action brought by an innocent third party.
The legislature preempts all authority of a home rule charter or statutory city including a city of the first class, county, town, municipal corporation, or other governmental subdivision, or any of their instrumentality’s, to regulate firearms, ammunition, or their respective components to the complete exclusion of any order, ordinance or regulation by them except that:
5. Minnesota law requires that all permits be renewed in person and are issued through the sheriff’s office. So you will need to deliver in person the above listed documents to the sheriff’s office in the county that you reside. Non-residents can deliver the documents to any Minnesota sheriff’s office.
NOTE – Expired permits are not valid until a new card is issued.
Subd. 7.
Minnesota law requires the Commissioner to publish each year a list of states that have concealed carry laws that are not similar to the laws of Minnesota. The list must be published on the internet and any CCW permits from states on the list WILL NOT be honored in Minnesota. Check out the official Minnesota state reciprocity list.
Subd. 16.
Arizona3
Alaska3
Arkansas3
Kansas3
Kentucky3
Subd. 1d.
Subd. 1g.
Subdivision 1.Innkeeper’s right to eject.
(a) An innkeeper may remove or cause to be removed from a hotel a guest or other person who:
(b) If the guest has paid in advance, the innkeeper shall tender to the guest any unused portion of the advance payment at the time of removal.
“Contraband” is any controlled substance as defined in section 152.01, subdivision 4, or any intoxicating or alcoholic liquor or malt beverage.
Subd. 2.Acts prohibited.
Subd. 3.Exceptions.
The provisions of this section shall not apply to physicians carrying drugs into such institutions for use in the practice of their profession, nor to peace officers carrying revolvers or firearms in the discharge of their duties.
“The right of any person to keep or bear arms in defense of his own home, person and property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but nothing herein contained shall be held to permit the carrying of concealed weapons.”
(PT. 1, ART. 17)
All the most important Minnesota gun laws you should be aware of are listed below. Make yourself familiar with these laws before you carry a firearm.
YES/NO
Without Permit
YES
Subd.9(5)
to transport a pistol in a motor vehicle, snowmobile or boat if the pistol is unloaded, contained in a closed and fastened case, gunbox, or securely tied package.
Subdivision 1.Restrictions. A person may not transport a firearm in a motor vehicle unless the firearm is:
Subd. 2.Exception; disabled persons. The restrictions in subdivision 1 do not apply to a disabled person if:
Subd. 3.Exceptions; hunting and shooting ranges. (a) Notwithstanding provisions to the contrary under this chapter, a person may transport an unloaded, uncased firearm, excluding a pistol as defined in paragraph (b), in a motor vehicle while at a shooting range, as defined under section 87A.01, subdivision 3, where the person has received permission from the lawful owner or possessor to discharge firearms; lawfully hunting on private or public land; or traveling to or from a site the person intends to hunt lawfully that day or has hunted lawfully that day, unless:
(b) For the purposes of this section, a “pistol” 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 or barrels 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:
Pistol does not include a device firing or ejecting a shot measuring .18 of an inch, or less, in diameter and commonly known as a “BB gun,” a scuba gun, a stud gun or nail gun used in the construction industry, or children’s pop guns or toys.
NO
Without Permit
Subd. 1a.
A person, other than a peace officer, as defined in section 626.84, subdivision 1, who carries, holds, or possesses a pistol in a motor vehicle, snowmobile, or boat, or on or about the person’s clothes or the person, or otherwise in possession or control in a public place, as defined in section 624.7181, subdivision 1, paragraph (c), without first having obtained a permit to carry the pistol is guilty of a gross misdemeanor.
A person who is convicted a second or subsequent time is guilty of a felony.
NO
Without Permit
Subd. 1b.
NO
Subd. 17.
NO
Without Permit
With a carry permit from Minnesota or state that Minnesota recognizes you can carry in the following areas;
There are a couple of exceptions where you cannot carry. Carrying a firearm in the following areas is prohibited;
NO Without Permit
There are no specific Minnesota statutes that forbid carrying a firearm in a restaurant or bar. If the restaurant is not displaying a No Weapons sign and you are not under the influence then you can enter a restaurant that serves alcohol.
You are legally under the influence if you have a greater than .04 blood alcohol level.
Subdivision 1. Acts prohibited.
A person may not carry a pistol on or about the person’s clothes or person in a public place:
There is full state preemption over local gun laws. However, local governments may regulate the discharge of firearms.
Minnesota has a duty to retreat law. This means a person is required to retreat and can only use deadly force as a last resort.
Minnesota does not have a red flag law.
Subdivision 1.When authorized.
Except as otherwise provided in subdivision 2, reasonable force may be used upon or toward the person of another without the other’s consent when the following circumstances exist or the actor reasonably believes them to exist:
Subd. 2.Deadly force used against peace officers.
Deadly force may not be used against peace officers who have announced their presence and are performing official duties at a location where a person is committing a crime or an act that would be a crime if committed by an adult.
The intentional taking of the life of another is not authorized by section 609.06, except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor’s place of abode.
Subd. 2.Use of deadly force.
Notwithstanding the provisions of section 609.06 or 609.065, the use of deadly force by a peace officer in the line of duty is justified only when necessary:
The legislature preempts all authority of a home rule charter or statutory city including a city of the first class, county, town, municipal corporation, or other governmental subdivision, or any of their instrumentality’s, to regulate firearms, ammunition, or their respective components to the complete exclusion of any order, ordinance or regulation by them except that:
To purchase or transfer ownership of a handgun the law requires you to have either a Permit to Carry or a License to purchase/transfer a firearm. Shotguns and rifles are exempt and may be purchased without a permit. All handguns purchased through a FFL in Minnesota are recorded on the states computer system. You are also required by law to keep a record of any sale, whether through a FFL or private sale.
Private sellers of handguns cannot sell the weapon to a prohibited person. If they do sell a handgun to a prohibited person then they are guilty of a gross misdemeanor if the buyer then uses the handgun during the commission of a felony crime of violence within one year after the transfer. The problem here is how can you verify that a buyer is not a prohibited person? Without access to the police database you would simply be unable to verify that.
All federally licensed gun dealers are required to perform background checks for any sale of handguns at shows. If the sale takes place at the gun show or any other place between private persons then Minnesota law does not require a background check.
All FFL dealers will require a background check. There is no requirement for a background check for private sales, however we advise you to keep any sales receipts to verify ownership of the firearm.
There are no exemptions from background checks, even if you have a permit to carry. If you have a carry permit that has an expiry date of Aug. 1, 2019 or later this qualifies as an alternative to the FBI NICS background check. Of course you can still avoid a background check by purchasing privately.
If a person has a Permit to Carry or a Purchasing License then there is no waiting period after the firearm has been purchased. If those permits are not produced then there is a 5 – 7 day waiting period if the firearm is purchased from a FFL. In some cases the chief of police or sheriff can give a waiver.
There is no requirement in Minnesota to register a handgun
The minimum age to possess and transport a handgun in Minnesota is 18.
Subdivision 1.Information.
Any person may apply for a transferee permit by providing the following information in writing to the chief of police of an organized full time police department of the municipality in which the person resides or to the county sheriff if there is no such local chief of police:
The statements shall be signed and dated by the person applying for a permit. At the time of application, the local police authority shall provide the applicant with a dated receipt for the application. The statement under clause (3) must comply with any applicable requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect to consent to disclosure of alcohol or drug abuse patient records.
Subd. 2.Investigation.
The chief of police or sheriff shall check criminal histories, records and warrant information relating to the applicant through the Minnesota Crime Information System, the national criminal record repository, and the National Instant Criminal Background Check System. The chief of police or sheriff shall also make a reasonable effort to check other available state and local record-keeping systems. The chief of police or sheriff shall obtain commitment information from the commissioner of human services as provided in section 245.041.
Subd. 3.Forms.
Chiefs of police and sheriffs shall make transferee permit application forms available throughout the community. There shall be no charge for forms, reports, investigations, notifications, waivers or any other act performed or materials provided by a government employee or agency in connection with application for or issuance of a transferee permit.
Subd. 4.Grounds for disqualification.
A determination by the chief of police or sheriff that the applicant is prohibited by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon shall be the only basis for refusal to grant a transferee permit.
Subd. 5.Granting of permits.
The chief of police or sheriff shall issue a transferee permit or deny the application within seven days of application for the permit. The chief of police or sheriff shall provide an applicant with written notification of a denial and the specific reason for the denial. The permits and their renewal shall be granted free of charge.
Subd. 6.Permits valid statewide.
Transferee permits issued pursuant to this section are valid statewide and shall expire after one year. A transferee permit may be renewed in the same manner and subject to the same provisions by which the original permit was obtained, except that all renewed permits must comply with the standards adopted by the commissioner under section 624.7151. Permits issued pursuant to this section are not transferable. A person who transfers a permit in violation of this subdivision is guilty of a misdemeanor.
Subd. 7.Permit voided.
The transferee permit shall be void at the time that the holder becomes prohibited from possessing a pistol under section 624.713, in which event the holder shall return the permit within five days to the issuing authority. Failure of the holder to return the permit within the five days is a misdemeanor unless the court finds that the circumstances or the physical or mental condition of the permit holder prevented the holder from complying with the return requirement.
Subd. 8.
Hearing upon denial. Any person aggrieved by denial of a transferee permit may appeal the denial to the district court having jurisdiction over the county or municipality in which the denial occurred.
Subd. 9.
Permit to carry. A valid permit to carry issued pursuant to section 624.714 constitutes a transferee permit for the purposes of this section and section 624.7132.
Subd. 10.
Transfer report not required. A person who transfers a pistol or semiautomatic military-style assault weapon to a person exhibiting a valid transferee permit issued pursuant to this section or a valid permit to carry issued pursuant to section 624.714 is not required to file a transfer report pursuant to section 624.7132, subdivision 1.
Subd. 11.
Penalty. A person who makes a false statement in order to obtain a transferee permit knowing or having reason to know the statement is false is guilty of a gross misdemeanor.
Subd. 12.
Local regulation. This section shall be construed to supersede municipal or county regulation of the issuance of transferee permits.
Subd. 1f.Gross misdemeanor; transferring firearm without background check.
A person, other than a federally licensed firearms dealer, who transfers a pistol or semiautomatic military-style assault weapon to another without complying with the transfer requirements of section 624.7132, is guilty of a gross misdemeanor if the transferee possesses or uses the weapon within one year after the transfer in furtherance of a felony crime of violence, and if:
§Subdivision 1.Ineligible persons.
The following persons shall not be entitled to possess ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause (1), any other firearm:
(1) a person under the age of 18 years except that a person under 18 may possess ammunition designed for use in a firearm that the person may lawfully possess and may carry or possess a pistol or semiautomatic military-style assault weapon
A permit to carry is not required of a person: (Minnesota Statute 624.714 Subd. 9) To keep or carry about the person’s place of business, dwelling house, premises or on land possessed by the person a pistol; To carry a pistol from a place of purchase to the person’s dwelling house or place of business, or from the person’s dwelling house or place of business to or from a place where repairing is done, to have the pistol repaired; To carry a pistol between the person’s dwelling house and place of business; To carry a pistol in the woods or fields or upon the waters of this state for the purpose of hunting or of target shooting in a safe area; To transport a pistol in a motor vehicle, snowmobile or boat if the pistol is unloaded, contained in a closed and fastened case, gun box, or securely tied package.
No, non-residents of the state will need to personally hand in their application a Minnesota sheriff’s office.
Yes, mainly to deal with legal aspects of carrying a handgun in Minnesota. This is not taught by the military hence you will need to attend the class to learn about it.
You can apply to the sheriff for an emergency permit to carry and he will make a decision on wether there is an immediate risk to your safety that justifies an emergency permit being issued.
Yes, you must have your carry permit and state ID at all times you have a handgun on your person.
Yes, you are required by law to notify the sheriff within 30 days of your new address. Failure to do so is a petty misdemeanor.
You cannot carry a handgun into a private establishment if they have posted No Weapons signs or personally notify you that guns are not allowed. No Gun signs are not backed up by the law but you could still be charged with trespass.
From this website or your local police department or county sheriffs office.
Yes, employers can ban any weapons from their premises while you are working.
Yes, the owner of a residence can ban any weapons from being on the property.
No, landlords cannot stop a tenant or guest from having weapons at the residence.
Monday – Friday 8am – 4pm
Saturday Closed
Sunday Closed
Address 1430 Maryland Ave. East St. Paul, MN 55106
Phone (651) 793-7000
Fax: (651) 793-7001