Criminal Defense

Illegal Possession of a Firearm in Minnesota

3 months ago by Justin M. Schiks

In Minnesota, illegal possession of a firearm is a serious criminal offense with consequences that can affect your freedom, finances, and future rights. At JS Defense: Minnesota Criminal Defense Lawyer, we know that even a single mistake or misunderstanding about firearm laws can lead to felony charges. Our goal is to help Minnesotans understand who is prohibited from owning or carrying a firearm, what counts as “possession,” and what defenses may be available if you are facing charges.

Illegal possession of a firearm generally refers to having a weapon when the law says you cannot, or in a way that violates state or federal restrictions. This includes having a firearm without the required permit, after certain criminal convictions, or in prohibited locations. Penalties can range from gross misdemeanors to serious felonies, with the potential for lengthy prison sentences.

Understanding Who Cannot Legally Possess a Firearm

Minnesota law sets clear restrictions on who may legally possess a firearm or ammunition. Under Minnesota Statute §624.713, minors under 18 are generally prohibited, except in limited, supervised situations such as hunting, marksmanship training, or organized military drills. Convicted felons, particularly those found guilty of crimes of violence, are also barred from possession, as are individuals with certain domestic violence convictions.

The law further restricts firearm rights for those under restraining orders tied to domestic abuse or harassment, as well as individuals placed under court-ordered civil commitment for mental illness, chemical dependency, or developmental disability. Following a felony crime of violence, firearm rights are permanently revoked unless restored by a court through a formal petition process, as explained by the Minnesota Judicial Branch. Possessing a firearm while in these categories is unlawful, even without discharging or displaying it.

What Counts as “Possession” and Where Is It Prohibited?

Under Minnesota law, possession is not limited to holding a firearm in your hand. It can include having it in your home, vehicle, or anywhere you have control or access. Even without direct contact, prosecutors may pursue charges if they can show you had access to the weapon. This, known as constructive possession, often applies in cases where a firearm is found within reach or in a shared space.

Certain locations are always prohibited for firearm possession, including courthouses, schools, certain government buildings, private properties where firearms are explicitly banned, and public events or establishments with posted restrictions. Violating these location-based bans can lead to criminal charges. In short, you can still face prosecution for illegal possession even if the firearm belongs to someone else, provided the state can prove you had control or access.

The Serious Penalties for an Unlawful Possession Conviction

Illegal possession of a firearm can result in life-changing criminal penalties. The severity of these penalties depends on factors such as prior convictions, the type of weapon, and the circumstances of possession.

Felony vs. Gross Misdemeanor Charges

• Felony Charges: Often apply to prohibited persons with prior felony convictions, those possessing certain restricted firearms, or those carrying in designated prohibited areas. Felony convictions can mean years in prison, fines of up to $10,000, and permanent loss of firearm rights.
• Gross Misdemeanor Charges: May apply in cases involving technical violations, such as failing to renew a permit, but can still result in up to one year in jail and substantial fines.

Felony convictions also carry collateral consequences, including difficulties with employment, housing, and even travel.

How to Build a Strong Defense Against Your Firearm Charge

Defending against an illegal possession charge requires a tailored strategy. In our firm, we analyze every detail of your case, from the legality of the traffic stop or search to whether the prosecution can prove possession beyond a reasonable doubt.

Common defense approaches include:

• Challenging the search and seizure: If law enforcement violated your Fourth Amendment rights, evidence may be excluded.
• Proving lack of possession or control: Demonstrating that you did not knowingly possess the firearm.
• Questioning the classification of the weapon: Ensuring the firearm meets the statutory definition under Minnesota law.
• Asserting restoration of rights: Showing you have regained firearm privileges through a court order.

Because both federal and state laws apply, charges may be brought in multiple jurisdictions. This makes it crucial to work with an attorney experienced in both.

Facing a Weapons Charge? Contact Our Defense Team Now

A charge for illegal possession of a firearm in Minnesota carries serious consequences and is not something you should face alone. At JS Defense: Minnesota Criminal Defense Lawyer, we aim to protect your rights, challenge unlawful evidence, and pursue the best possible outcome.

If you are facing charges or under investigation, call 952-945-7824 for a confidential consultation and start building a strong defense.

JUSTIN M. SCHIKS

Award-winning criminal defense attorney with a proven track record of dismissals, acquittals, and positive resolutions for his clients. For over a decade, Justin has dedicated himself to criminal and DWI defense. He has advocated for individuals through every step of a case, from pre-charge representation through pretrial hearings and trials.