Criminal Defense

What Does Open Carry Mean Under Minnesota Law?

4 weeks ago by Justin M. Schiks

Key Takeaways

• Open carry means carrying a firearm visibly in public, distinct from concealed carry, where the weapon stays hidden under clothing.
• Minnesota issues one permit that covers both open and concealed carry, with no separate license needed for either method.
• Carrying a handgun in public without a valid permit is a criminal offense under Minnesota law.
• Permit holders who carry on school property or in courthouses without proper notification still face criminal charges.
• Penalties for carrying without a permit can include felony charges depending on prior record and circumstances.

What does open carry mean in Minnesota, and when does it become a criminal matter? Open carry means carrying a firearm visibly in public, while concealed carry means keeping the weapon hidden under clothing. Minnesota permits both under a single Permit to Carry, but that permit covers handguns only, must be on your person at all times, and does not apply everywhere.

Carrying without one, or in the wrong location, exposes you to criminal charges. At JS Defense: Minnesota Criminal Defense, our Criminal Defense Lawyers represent clients across Minnesota facing weapons charges, and permit confusion is one of the most common places those cases begin.

Open Carry vs. Concealed Carry: What Is the Difference?

The physical difference is straightforward: open carry means the firearm is visible; concealed carry means it is not. In many states, these two methods of carry are treated differently and require separate permits. Minnesota takes a different approach.

Here, a single Permit to Carry covers both. A permit holder can choose to carry openly or keep the weapon concealed, and the law makes no distinction between the two. What matters is whether the permit exists, not how the firearm is worn. That puts Minnesota in a different category from states that ban open carry entirely or require a second license for it.

Do You Need a Permit to Open Carry in MN?

Yes, Minnesota does not allow permitless open carry of a handgun. Under Minnesota Statute § 624.714, a person must hold a valid permit to carry a pistol in a public place. The permit is issued by the sheriff of the county where the applicant resides. Applicants must meet age, background, and training requirements before a permit is granted.

Out-of-state permits may be recognized depending on the issuing state, but that recognition is not automatic. Travelers carrying under an out-of-state permit should confirm that Minnesota recognizes it before crossing the border.

The permit must remain in your possession while carrying. Holding a valid permit at home does not satisfy the law.

Where Is Open Carry Strictly Prohibited in Minnesota?

A valid permit does not authorize carrying everywhere. Minnesota law identifies specific locations where even a valid permit does not give you the right to carry. Entering one of those locations with a firearm exposes even a permit holder to criminal charges.

Schools, Courthouses, and Private Property Signs

Several categories of locations carry restrictions under Minnesota Statute § 609.66 and related provisions:

• K-12 school property: A permit holder who carries on school grounds, in school buildings, or on school buses commits a misdemeanor. A person without a permit who possesses a dangerous weapon on school property faces felony charges.
• Courthouses and court facilities: Possessing a firearm in a courthouse complex is generally a felony. A permit holder may be exempt with advance notice to the appropriate law enforcement authority, but most people carrying in a courthouse without that step face felony exposure.
• Federal buildings: Federal law governs these locations independently, and state permits provide no authority inside them.
• Private property with posted notice: When a business or property owner posts a sign banning firearms, permit holders must comply.

Penalties for Carrying a Handgun Without a Permit

Carrying a pistol in public without a valid permit is a gross misdemeanor in Minnesota under Minnesota Statute § 624.714, punishable by up to one year in jail and fines. A second offense is a felony. Aggravating circumstances can push even a first offense toward felony territory.

The consequences extend beyond the courtroom. Future permit applications get denied, and background checks flag the conviction for employers, landlords, and licensing boards. A permit holder caught carrying in a location where it does not apply faces separate charges, not covered by the existing permit.

Contact a Minnesota Criminal Defense Lawyer Today

Questions about “what does open carry mean?” often surface after an arrest, and by then, the window to protect your rights is already closing. Whether you are facing charges for carrying without a permit, carrying in a prohibited location, or a related weapons offense, JS Defense: Minnesota Criminal Defense is prepared to help. Call (952) 945-7824 today for a confidential consultation.

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.