Minnesota

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Quick Reference

Magazine Capacity Restrictions

no

Constitutional (Permitless) Carry Allowed

no

Red Flag Laws

yes

Carry in Alcohol Establishments Allowed

yes

Open Carry Allowed

yes-restrictions

No Weapons Signs Enforced by Law

yes

NFA Weapons Allowed

no

Duty to Retreat

yes

Duty to Inform Law Enforcement

quasi

"Universal" Background Checks Required

yes

Table of Contents

State Law Summary

Constitution of the State of Minnesota - Article 1, Section 7
"The right of the people to keep and bear arms shall not be infringed."

 

Minnesota's firearm law history has evolved significantly, particularly with key legal cases and legislative changes. The 2003 enactment of the Minnesota Personal Protection Act established a shall-issue concealed carry permit system, reflecting a shift toward greater firearm rights. In 2013, the law was amended to clarify and streamline the permitting process. Notable cases include the 1996 State v. Reddington, which affirmed the legality of firearm possession by individuals with felony convictions under certain conditions. Additionally, the 2020 Supreme Court decision in Minnesota v. Huber reinforced the importance of due process in firearm regulation.

Permit Eligibility, Training and Application Process

The history of the permit to carry in Minnesota began to take shape with the passage of the Minnesota Personal Protection Act in 2003, which established a shall-issue concealed carry permit system. This law allowed law-abiding citizens to obtain permits after completing a background check and training requirements. In 2015, the law was updated to clarify that permit holders could carry in more public places, while still prohibiting carry in certain locations like schools and government buildings. In 2020, legislation further streamlined the renewal process for permits.

Permit Eligibility

A sheriff must issue a permit to an applicant if the person:

  1. has training in the safe use of a pistol;
  2. is at least 21 years old and a citizen or a permanent resident of the United States;
  3. completes an application for a permit;
  4. is not prohibited from possessing a firearm;
  5. is not listed in the criminal gang investigative data system under section 299C.091.

Minn. Stat. § 624.714 Subd. 2

 

Training Requirements

(a) An applicant must present evidence that the applicant received training in the safe use of a pistol within one year of the date of an original or renewal application. Training may be demonstrated by:

  1. employment as a peace officer in the state of Minnesota within the past year; or
  2. completion of a firearms safety or training course providing basic training in the safe use of a pistol and conducted by a certified instructor.
(b) Basic training must include:

  1. instruction in the fundamentals of pistol use;
  2. successful completion of an actual shooting qualification exercise; and
  3. instruction in the fundamental legal aspects of pistol possession, carry, and use, including self-defense and the restrictions on the use of deadly force.
(c) The certified instructor must issue a certificate to a person who has completed a firearms safety or training course described in paragraph (b). The certificate must be signed by the instructor and attest that the person attended and completed the course.
(d) A person qualifies as a certified instructor if the person is certified as a firearms instructor within the past five years by an organization or government entity that has been approved by the Department of Public Safety in accordance with the department's standards.
(e) A sheriff must accept the training described in this subdivision as meeting the requirement in subdivision 2, paragraph (b), for training in the safe use of a pistol. A sheriff may also accept other satisfactory evidence of training in the safe use of a pistol.

Minn. Stat. § 624.714 Subd. 2a

 

Application Process

(c) An applicant must submit to the sheriff an application packet consisting only of the following items:

(1) a completed application form, signed and dated by the applicant;
(2) an accurate photocopy of the certificate described in subdivision 2a, paragraph (c), that is submitted as the applicant's evidence of training in the safe use of a pistol; and
(3) an accurate photocopy of the applicant's current driver's license, state identification card, or the photo page of the applicant's passport.
(d) In addition to the other application materials, a person who is otherwise ineligible for a permit due to a criminal conviction but who has obtained a pardon or expungement setting aside the conviction, sealing the conviction, or otherwise restoring applicable rights, must submit a copy of the relevant order.
(e) Applications must be submitted in person.
(f) The sheriff may charge a new application processing fee in an amount not to exceed the actual and reasonable direct cost of processing the application or $100, whichever is less. Of this amount, $10 must be submitted to the commissioner and deposited into the general fund.

Minn. Stat. § 624.714 Subd. 3

Permitless Carry Law

The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit. 

Minnesota is not a permitless-carry state.

Reciprocity Agreements

Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state.

When you are in another state, you are subject to that state’s laws. Even if a state recognizes your carry permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!

Recognizes a Minnesota Permit or does not require a license
Recognizes Minnesota Resident Permit only
Does not recognize a Minnesota Permit
Permitless Carry State

State Preemption Laws

State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties. 

Minnesota law:

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 instrumentalities, to regulate firearms, ammunition, or their respective components to the complete exclusion of any order, ordinance or regulation by them except that:

  1. a governmental subdivision may regulate the discharge of firearms; and
  2. a governmental subdivision may adopt regulations identical to state law.

Local regulation inconsistent with this section is void.

Minn. Stat. § 471.633

Purchase/Transfer Laws

When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g). 

Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law.  

In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms. 

Minnesota law:
Subdivision 1.Definitions.

(a) As used in this section, the following terms have the meanings provided in this subdivision.
(b) "Firearms dealer" means a person who is licensed by the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, under United States Code, title 18, section 923(a).
(c) "State or federally issued identification" means a document or card made or issued by or under the authority of the United States government or the state that contains the person's name, residence address, date of birth, and photograph and is of a type commonly accepted for the purpose of identification of individuals.
(d) "Unlicensed person" means a person who does not hold a license under United States Code, title 18, section 923(a).
Subd. 2.Background check and evidence of identity.

An unlicensed person is prohibited from transferring a pistol or semiautomatic military-style assault weapon to any other unlicensed person, unless:

  1. the transfer is made through a firearms dealer as provided for in subdivision 3; or
  2. the transferee presents a valid transferee permit issued under section 624.7131 and a current state or federally issued identification.

Subd. 3.Background check conducted by federally licensed firearms dealer.

(a) Where both parties to a prospective transfer of a pistol or semiautomatic military-style assault weapon are unlicensed persons, the transferor and transferee may appear jointly before a federally licensed firearms dealer with the firearm and request that the federally licensed firearms dealer conduct a background check on the transferee and facilitate the transfer.
(b) Except as otherwise provided in this section, a federally licensed firearms dealer who agrees to facilitate a transfer under this section shall:

  1. process the transfer as though transferring the firearm from the dealer's inventory to the transferee; and
  2. comply with all requirements of federal and state law that would apply if the firearms dealer were making the transfer, including at a minimum all background checks and record keeping requirements. The exception to the report of transfer process in section 624.7132, subdivision 12, clause (1), does not apply to transfers completed under this subdivision.
(c) If the transferee is prohibited by federal law from purchasing or possessing the firearm or not entitled under state law to possess the firearm, neither the federally licensed firearms dealer nor the transferor shall transfer the firearm to the transferee.
(d) Notwithstanding any other law to the contrary, this section shall not prevent the transferor from:

  1. removing the firearm from the premises of the federally licensed firearms dealer, or the gun show or event where the federally licensed firearms dealer is conducting business, as applicable, while the background check is being conducted, provided that the transferor must return to the federally licensed firearms dealer with the transferee before the transfer takes place, and the federally licensed firearms dealer must take possession of the firearm in order to complete the transfer; and
  2. removing the firearm from the business premises of the federally licensed firearms dealer if the results of the background check indicate the transferee is prohibited by federal law from purchasing or possessing the firearm or not entitled under state law to possess the firearm.
(e) A transferee who consents to participate in a transfer under this subdivision is not entitled to have the transfer report returned as provided for in section 624.7132, subdivision 10.
(f) A firearms dealer may charge a reasonable fee for conducting a background check and facilitating a transfer between the transferor and transferee pursuant to this section.
Subd. 4.Record of transfer; required information.

(a) Unless a transfer is made through a firearms dealer as provided for in subdivision 3, when two unlicensed persons complete the transfer of a pistol or semiautomatic military-style assault weapon, the transferor and transferee must complete a record of transfer on a form designed and made publicly available without fee for this purpose by the superintendent of the Bureau of Criminal Apprehension. Each page of the record of transfer must be signed and dated by the transferor and the transferee and contain the serial number of the pistol or semiautomatic military-style assault weapon.
(b) The record of transfer must contain the following information:

  1. a clear copy of each person's current state or federally issued identification;
  2. a clear copy of the transferee permit presented by the transferee; and
  3. a signed statement by the transferee swearing that the transferee is not currently prohibited by state or federal law from possessing a firearm.
(c) The record of transfer must also contain the following information regarding the transferred pistol or semiautomatic military-style assault weapon:

  1. the type of pistol or semiautomatic military-style assault weapon;
  2. the manufacturer, make, and model of the pistol or semiautomatic military-style assault weapon; and
  3. the pistol or semiautomatic military-style assault weapon's manufacturer-assigned serial number.
(d) Both the transferor and the transferee must retain a copy of the record of transfer and any attachments to the record of transfer for 10 years from the date of the transfer. A copy in digital form shall be acceptable for the purposes of this paragraph.
Subd. 5.Compulsory production of a record of transfer; misdemeanor penalty.

(a) Unless a transfer was completed under subdivision 3, the transferor and transferee of a pistol or semiautomatic military-style assault weapon transferred under subdivision 4 must produce the record of transfer when a peace officer requests the record as part of a criminal investigation.
(b) A person who refuses or is unable to produce a record of transfer for a firearm transferred under this section in response to a request for production made by a peace officer pursuant to paragraph (a) is guilty of a misdemeanor. A prosecution or conviction for violation of this subdivision is not a bar to conviction of, or punishment for, any other crime committed involving the transferred firearm.
Subd. 6.Immunity.

A person is immune to a charge of violating this section if the person presents a record of transfer that satisfies the requirements of subdivision 4.

Subd. 7.Exclusions.

(a) This section shall not apply to the following transfers:

  1. a transfer by or to a federally licensed firearms dealer;
  2. a transfer by or to any law enforcement agency;
  3. to the extent the transferee is acting within the course and scope of employment and official duties, a transfer to:
    1. a peace officer, as defined in section 626.84, subdivision 1, paragraph (c);
    2. a member of the United States armed forces, the National Guard, or the Reserves of the United States armed forces;
    3. a federal law enforcement officer; or
    4. a security guard employed by a protective agent licensed pursuant to chapter 326;
  4. a transfer between immediate family members, which for the purposes of this section means spouses, domestic partners, parents, children, siblings, grandparents, and grandchildren;
  5. a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of the former owner of the firearm;
  6. a transfer of an antique firearm as defined in section 624.712, subdivision 3;
  7. a transfer of a curio or relic, as defined in Code of Federal Regulations, title 27, section 478.11, if the transfer is between collectors of firearms as curios or relics as defined by United States Code, title 18, section 921(a)(13), who each have in their possession a valid collector of curio and relics license issued by the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives;
  8. the temporary transfer of a firearm if:
    1. the transfer is necessary to prevent imminent death or great bodily harm; and
    2. the person's possession lasts only as long as immediately necessary to prevent such imminent death or great bodily harm;
  9. transfers by or to an auctioneer who is in compliance with chapter 330 and acting in the person's official role as an auctioneer to facilitate or conduct an auction of the firearm; and
  10. a temporary transfer if the transferee's possession of the firearm following the transfer is only:
    1. at a shooting range that operates in compliance with the performance standards under chapter 87A or is a nonconforming use under section 87A.03, subdivision 2, or, if compliance is not required by the governing body of the jurisdiction, at an established shooting range operated consistently with local law in the jurisdiction;
    2. at a lawfully organized competition involving the use of a firearm, or while participating in or practicing for a performance by an organized group that uses firearms as part of the performance;
    3. while hunting or trapping if the hunting or trapping is legal in all places where the transferee possesses the firearm and the transferee holds all licenses or permits required for hunting or trapping;
    4. at a lawfully organized educational or instructional course and under the direct supervision of a certified instructor, as that term is defined in section 624.714, subdivision 2a, paragraph (d); or
    5. while in the actual presence of the transferor.
(b) A transfer under this subdivision is permitted only if the transferor has no reason to believe:

  1. that the transferee is prohibited by federal law from buying or possessing firearms or not entitled under state law to possess firearms;
  2. if the transferee is under 18 years of age and is receiving the firearm under direct supervision and control of an adult, that the adult is prohibited by federal law from buying or possessing firearms or not entitled under state law to possess firearms; or
  3. that the transferee will use or intends to use the firearm in the commission of a crime.

Minn. Stat. § 624.7134

Firearm Classification and Accessory Restrictions

Subd. 2.Pistol.

"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 (1) from which may be fired or ejected one or more solid projectiles by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances; or (2) for which the propelling force is a spring, elastic band, carbon dioxide, air or other gas, or vapor.

"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.

Subd. 3.Antique firearm.

"Antique firearm" means any firearm, including any pistol, with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured before 1899 and any replica of any firearm described herein if such replica is not designed or redesigned, made or remade, or intended to fire conventional rimfire or conventional centerfire ammunition, or uses conventional rimfire or conventional centerfire ammunition which is not readily available in the ordinary channels of commercial trade.

Subd. 4.Saturday night special pistol.

"Saturday night special pistol" means a pistol other than an antique firearm or a pistol for which the propelling force is carbon dioxide, air or other vapor, or children's pop guns or toys, having a frame, barrel, cylinder, slide or breechblock:

(1) of any material having a melting point (liquidus) of less than 1,000 degrees Fahrenheit, or
(2) of any material having an ultimate tensile strength of less than 55,000 pounds per square inch, or
(3) of any powdered metal having a density of less than 7.5 grams per cubic centimeter.
Subd. 6.Transfer.

"Transfer" means a sale, gift, loan, assignment or other delivery to another, whether or not for consideration, of a pistol or semiautomatic military-style assault weapon or the frame or receiver of a pistol or semiautomatic military-style assault weapon.

Subd. 7.Semiautomatic military-style assault weapon.

"Semiautomatic military-style assault weapon" means:

  1. any of the following firearms:
    1. Avtomat Kalashnikov (AK-47) semiautomatic rifle type;
    2. Beretta AR-70 and BM-59 semiautomatic rifle types;
    3. Colt AR-15 semiautomatic rifle type;
    4. Daewoo Max-1 and Max-2 semiautomatic rifle types;
    5. Famas MAS semiautomatic rifle type;
    6. Fabrique Nationale FN-LAR and FN-FNC semiautomatic rifle types;
    7. Galil semiautomatic rifle type;
    8. Heckler & Koch HK-91, HK-93, and HK-94 semiautomatic rifle types;
    9. Ingram MAC-10 and MAC-11 semiautomatic pistol and carbine types;
    10. Intratec TEC-9 semiautomatic pistol type;
    11. Sigarms SIG 550SP and SIG 551SP semiautomatic rifle types;
    12. SKS with detachable magazine semiautomatic rifle type;
    13. Steyr AUG semiautomatic rifle type;
    14. Street Sweeper and Striker-12 revolving-cylinder shotgun types;
    15. USAS-12 semiautomatic shotgun type;
    16. Uzi semiautomatic pistol and carbine types; or
    17. Valmet M76 and M78 semiautomatic rifle types;
  2. any firearm that is another model made by the same manufacturer as one of the firearms listed in clause (1), and has the same action design as one of the listed firearms, and is a redesigned, renamed, or renumbered version of one of the firearms listed in clause (1), or has a slight modification or enhancement, including but not limited to a folding or retractable stock; adjustable sight; case deflector for left-handed shooters; shorter barrel; wooden, plastic, or metal stock; larger clip size; different caliber; or a bayonet mount; and
  3. any firearm that has been manufactured or sold by another company under a licensing agreement with a manufacturer of one of the firearms listed in clause (1) entered into after the effective date of Laws 1993, chapter 326, to manufacture or sell firearms that are identical or nearly identical to those listed in clause (1), or described in clause (2), regardless of the company of production or country of origin.

The weapons listed in clause (1), except those listed in items (iii), (ix), (x), (xiv), and (xv), are the weapons the importation of which was barred by the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of the Treasury in July 1989.

Except as otherwise specifically provided in paragraph (d), a firearm is not a "semiautomatic military-style assault weapon" if it is generally recognized as particularly suitable for or readily adaptable to sporting purposes under United States Code, title 18, section 925, paragraph (d)(3), or any regulations adopted pursuant to that law.

Subd. 8.Included weapons.

By August 1, 1993, and annually thereafter, the superintendent of the Bureau of Criminal Apprehension shall publish a current authoritative list of the firearms included within the definition of "semiautomatic military-style assault weapon" under this section. Dealers, purchasers, and other persons may rely on the list in complying with this chapter.

Minn. Stat. § 624.712

Magazine Capacity Restrictions

Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds.  

Minnesota has no laws restricting the ammunition capacity of magazines.

Prohibited Areas - Where Firearms Are Prohibited Under State law

Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state. 

Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas.  

In addition to the federal prohibited areas, in Minnesota, you may not carry a handgun in:

  • School property Section 609.66, subd. 1d
  • A childcare center while children are present
  • Private establishment knowing that the operator of the establishment or its agent has made a reasonable request that firearms not be brought into the establishment. MN ST § 624.714. "Reasonable request" can be in the form of a posted sign or verbal request.
  • Places of employment, public or private, if employer restricts the carry or possession of firearms by is employees
  • A public post secondary institution may establish policies that restrict the carry or possession of firearms by its students while on the institution's property (An employer or a post secondary institution may not prohibit the lawful carry or possession of firearms in a parking facility or parking area).
  • State correctional facilities or state hospitals and grounds (MN Statute 243.55)
  • Any jail, lockup or correctional facility (MN Statute 641.165)
  • Courthouse complexes, unless the sheriff is notified (MN Statute 609.66)
  • Offices and courtrooms of the Minnesota Supreme Court and Court of Appeals
  • Any state building unless the commissioner of public safety is notified (MN Statute 609.66)
  • In a field while hunting big game by archery, except when hunting bear (MN Statute 97B.211). *This prohibition does not apply to a permit holder.
  • In federal court facilities or other federal facilities (Title 18 U.S.C.§ 930)

Methods of Carry - Open Carry Laws

Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others.  

Minnesota law:

Subject to the few exceptions set forth below, open carry is prohibited without a permit.

  • It is lawful without a permit to: (1) keep or carry a pistol about one's place of business, dwelling house, premises, or land; or (2) from a place of purchase to one's house or business, or from the person's house or business to have the pistol repaired; or (3) between one's house and business; or (4) in the woods or fields or waters for hunting or target shooting in a safe area; or (5) in a motor vehicle, snowmobile or boat if the pistol is unloaded, contained in a closed and fastened case, gunbox, or securely tied package.

9A Minn. Prac., Criminal Law & Procedure § 58:1 (4th ed.)

 

Open carry is allowed with a permit and may be carried into all places where a concealed firearm is allowed, however recent cases cast doubt on the ability to open carry non-handguns (rifles or shotguns).

No Weapons Signs

No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.  

In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply. 

Minnesota law:
(b) As used in this subdivision, the terms in this paragraph have the meanings given.

  1. "Reasonable request" means a request made under the following circumstances:
    1. the requester has prominently posted a conspicuous sign at every entrance to the establishment containing the following language: "(INDICATE IDENTITY OF OPERATOR) BANS GUNS IN THESE PREMISES."; or
    2. the requester or the requester's agent personally informs the person that guns are prohibited in the premises and demands compliance.
  2. "Prominently" means readily visible and within four feet laterally of the entrance with the bottom of the sign at a height of four to six feet above the floor.
  3. "Conspicuous" means lettering in black arial typeface at least 1-1/2 inches in height against a bright contrasting background that is at least 187 square inches in area.
  4. "Private establishment" means a building, structure, or portion thereof that is owned, leased, controlled, or operated by a nongovernmental entity for a nongovernmental purpose.
(c) The owner or operator of a private establishment may not prohibit the lawful carry or possession of firearms in a parking facility or parking area.

Minn. Stat. § 624.714 Subd. 17

Controlled Substance/Alcohol Laws

Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed.  

Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”   

27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3) 

Minnesota law:

A person may not carry a pistol on or about the person's clothes or person in a public place:

  1. when the person is under the influence of a controlled substance, as defined in section 152.01, subdivision 4;
  2. when the person is under the influence of a combination of any two or more of the elements named in clauses (1), (4), and (7);
  3. when the person is under the influence of an intoxicating substance as defined in section 169A.03, subdivision 11a, and the person knows or has reason to know that the substance has the capacity to cause impairment;
  4. when the person is under the influence of alcohol;
  5. when the person's alcohol concentration is 0.10 or more;
  6. when the person's alcohol concentration is less than 0.10, but more than 0.04; or
  7. when the person is under the influence of cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, an artificially derived cannabinoid, or tetrahydrocannabinols, as those terms are defined in section 342.01.

Minn. Stat. § 624.7142 Subd. 1

Vehicle and Transport Laws

Permit reciprocity and other differences between state regulation of firearms can create a difficult landscape for firearm owners to navigate while transporting firearms interstate. In 1968, and again in 1986, Congress set out to help hunters, travelers, and other firearm owners who were getting arrested for merely transporting firearms through restrictive states. To help simplify the complex web of state firearm laws, Congress passed the 1986 Firearm Owners Protection Act (“FOPA”) as part of Senate Bill 2414. The specific “safe harbor” provision of the law, often referred to as the “McClure-Volkmer Rule,” provides some protection for gun owners transporting firearms through restrictive states, subject to strict requirements. This federal law is covered in more detail in the federal law section of this database.  

Beyond federal law, the laws of each state will impose additional restrictions, or protections, related to transporting firearms in a vehicle.  

Minnesota law:

A permit to carry is not required of a person:

  1. to keep or carry about the person's place of business, dwelling house, premises or on land possessed by the person a pistol;
  2. 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;
  3. to carry a pistol between the person's dwelling house and place of business;
  4. 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; or
  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.

Minn. Stat. § 624.714

Transporting Firearms
Subdivision 1.Restrictions.

A person may not transport a firearm in a motor vehicle unless the firearm is:

  1. unloaded and in a gun case expressly made to contain a firearm, and the case fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened, and without any portion of the firearm exposed;
  2. unloaded and in the closed trunk of a motor vehicle; or
  3. a handgun carried in compliance with sections 624.714 and 624.715.
Subd. 2.Exception; disabled persons.

The restrictions in subdivision 1 do not apply to a disabled person if:

  1. the person possesses a permit under section 97B.055, subdivision 3; and
  2. the firearm is not loaded in the chamber until the vehicle is stationary, or is a hinge action firearm with the action open until the vehicle is stationary.
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:

  1. within Anoka, Hennepin, or Ramsey County;
  2. within the boundaries of a home rule charter or statutory city with a population of 2,500 or more;
  3. on school grounds; or
  4. otherwise restricted under section 97A.091, 97B.081, or 97B.086.
(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:

  1. from which may be fired or ejected one or more solid projectiles by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances; or
  2. for which the propelling force is a spring, elastic band, carbon dioxide, air or other gas, or vapor.

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.

Minn. Stat. § 97B.045

 

Parking LotsAn employer or a postsecondary institution may not prohibit the lawful carry or possession of firearms in a parking facility or parking area.

Minn. Stat. § 624.714 Subd. 18 (c)

Storage Requirements

Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors.  

Minnesota law:
Subdivision 1.Definitions.

For purposes of this section, the following words have the meanings given.

(a) "Firearm" means a device designed to be used as a weapon, from which is expelled a projectile by the force of any explosion or force of combustion.
(b) "Child" means a person under the age of 18 years.
(c) "Loaded" means the firearm has ammunition in the chamber or magazine, if the magazine is in the firearm, unless the firearm is incapable of being fired by a child who is likely to gain access to the firearm.
Subd. 2.Access to firearms.

A person is guilty of a gross misdemeanor who negligently stores or leaves a loaded firearm in a location where the person knows, or reasonably should know, that a child is likely to gain access, unless reasonable action is taken to secure the firearm against access by the child.

Subd. 3.Limitations.

Subdivision 2 does not apply to a child's access to firearms that was obtained as a result of an unlawful entry.

Minn. Stat. § 609.666

Other Weapons Restrictions

FIREARMS; REMOVAL OR ALTERATION OF SERIAL NUMBER

Whoever commits any of the following acts may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:

  1. obliterates, removes, changes, or alters the serial number or other identification of a firearm;
  2. receives or possesses a firearm, the serial number or other identification of which has been obliterated, removed, changed, or altered; or
  3. receives or possesses a firearm that is not identified by a serial number.

As used in this section, "serial number or other identification" means the serial number and other information required under United States Code, title 26, section 5842, for the identification of firearms.

Minn. Stat. § 609.667

Police Encounter Laws

Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession. 

In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state. 

The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.   

Minnesota is a quasi-duty-to-inform state.

Minnesota law:
(a) The holder of a permit to carry must have the permit card and a driver's license, state identification card, or other government-issued photo identification in immediate possession at all times when carrying a pistol and must display the permit card and identification document upon lawful demand by a peace officer, as defined in section 626.84, subdivision 1. A violation of this paragraph is a petty misdemeanor. The fine for a first offense must not exceed $25. Notwithstanding section 609.531, a firearm carried in violation of this paragraph is not subject to forfeiture.
(b) A citation issued for violating paragraph (a) must be dismissed if the person demonstrates, in court or in the office of the arresting officer, that the person was authorized to carry the pistol at the time of the alleged violation.
(c) Upon the request of a peace officer, a permit holder must write a sample signature in the officer's presence to aid in verifying the person's identity.
(d) Upon the request of a peace officer, a permit holder shall disclose to the officer whether or not the permit holder is currently carrying a firearm.

Minn. Stat. § 624.714 Subd. 1b

Red Flag or Emergency Risk Orders

Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions. 

Subdivision 1.Definitions.

(a) As used in sections 624.7171 to 624.7178, the following terms have the meanings given.
(b) "Family or household members" means:

  1. spouses and former spouses of the respondent;
  2. parents and children of the respondent;
  3. persons who are presently residing with the respondent; or
  4. a person involved in a significant romantic or sexual relationship with the respondent. In determining whether persons are in a significant romantic or sexual relationship under clause (4), the court shall consider the length of time of the relationship; type of relationship; and frequency of interaction between the parties.
(c) "Firearm" has the meaning given in section 609.666, subdivision 1, paragraph (a).
(d) "Mental health professional" has the meaning given in section 245I.02, subdivision 27.
Subd. 2.Court jurisdiction.

(a) An application for relief under sections 624.7172 and 624.7174 may be filed in the county of residence of the respondent except as provided for in paragraph (b). Actions under sections 624.7172 and 624.7174 shall be given docket priorities by the court.
(b) At the time of filing, a petitioner may request that the court allow the petitioner to appear virtually at all proceedings. If the court denies the petitioner's request for virtual participation, the petitioner may refile the petition in the county where the petitioner resides or is officed.
Subd. 3.Information on petitioner's location or residence.

Upon the petitioner's request, information maintained by the court regarding the petitioner's location or residence is not accessible to the public and may be disclosed only to court personnel or law enforcement for purposes of service of process, conducting an investigation, or enforcing an order.

Subd. 4.Generally.

(a) There shall exist an action known as a petition for an extreme risk protection order, which order shall enjoin and prohibit the respondent from possessing or purchasing firearms for as long as the order remains in effect.
(b) A petition for relief under sections 624.7171 to 624.7178 may be made by the chief law enforcement officer, the chief law enforcement officer's designee, a city or county attorney, any family or household members of the respondent, or a guardian, as defined in section 524.1-201, clause (27), of the respondent.
(c) A petition for relief shall allege that the respondent poses a significant danger of bodily harm to other persons or is at significant risk of suicide by possessing a firearm. The petition shall be accompanied by an affidavit made under oath stating specific facts and circumstances forming a basis to allege that an extreme risk protection order should be granted. The affidavit may include but is not limited to evidence showing any of the factors described in section 624.7172, subdivision 2.
(d) A petition for emergency relief under section 624.7174 shall additionally allege that the respondent presents an immediate and present danger of either bodily harm to others or of taking their life.
(e) A petition for relief must describe, to the best of the petitioner's knowledge, the types and location of any firearms believed by the petitioner to be possessed by the respondent.
(f) The court shall provide simplified forms and clerical assistance to help with the writing and filing of a petition under this section.
(g) The state court administrator shall create all forms necessary under sections 624.7171 to 624.7178.
(h) The filing fees for an extreme risk protection order under this section are waived for the petitioner and respondent. The court administrator, the sheriff of any county in this state, and other law enforcement and corrections officers shall perform their duties relating to service of process without charge to the petitioner. The court shall direct payment of the reasonable costs of service of process if served by a private process server when the sheriff or other law enforcement or corrections officer is unavailable or if service is made by publication, without requiring the petitioner to make application under section 563.01.
(i) The court shall advise the petitioner of the right to serve the respondent by alternate notice under section 624.7172, subdivision 1, paragraph (e), if the respondent is avoiding personal service by concealment or otherwise, and shall assist in the writing and filing of the affidavit.
(j) The court shall advise the petitioner of the right to request a hearing under section 624.7174. If the petitioner does not request a hearing, the court shall advise the petitioner that the respondent may request a hearing and that notice of the hearing date and time will be provided to the petitioner by mail at least five days before the hearing.
(k) Any proceeding under sections 624.7171 to 624.7178 shall be in addition to other civil or criminal remedies.
(l) All health records and other health information provided in a petition or considered as evidence in a proceeding under sections 624.7171 to 624.7178 shall be protected from public disclosure but may be provided to law enforcement agencies as described in this section.
(m) Any extreme risk protection order or subsequent extension issued under sections 624.7171 to 624.7178 shall be forwarded by the court administrator within 24 hours to the local law enforcement agency with jurisdiction over the residence of the respondent and electronically transmitted within three business days to the National Instant Criminal Background Check System. When an order expires or is terminated by the court, the court must submit a request that the order be removed from the National Instant Background Check System. Each appropriate law enforcement agency shall make available to other law enforcement officers, through a system for verification, information as to the existence and status of any extreme risk protection order issued under sections 624.7171 to 624.7178.
Subd. 5.Mental health professionals.

When a mental health professional has a statutory duty to warn another of a client's serious threat of physically violent behavior or determines that a client presents a significant risk of suicide by possessing a firearm, the mental health professional must communicate the threat or risk to the sheriff of the county where the client resides and make a recommendation to the sheriff regarding the client's fitness to possess firearms.

Minn. Stat. § 624.7171

Use of Force in Defense of Person

The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws.

Minnesota law:
Subdivision 1.When authorized. Except as otherwise provided in subdivisions 2 to 4, 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:

  1. when used by a public officer or one assisting a public officer under the public officer's direction:
    1. in effecting a lawful arrest; or
    2. in the execution of legal process; or
    3. in enforcing an order of the court; or
    4. in executing any other duty imposed upon the public officer by law; or
  2. when used by a person not a public officer in arresting another in the cases and in the manner provided by law and delivering the other to an officer competent to receive the other into custody; or
  3. when used by any person in resisting or aiding another to resist an offense against the person; or
  4. when used by any person in lawful possession of real or personal property, or by another assisting the person in lawful possession, in resisting a trespass upon or other unlawful interference with such property; or
  5. when used by any person to prevent the escape, or to retake following the escape, of a person lawfully held on a charge or conviction of a crime; or
  6. when used by a parent, guardian, or other lawful custodian of a child, in the exercise of lawful authority, to restrain or correct such child; or
  7. when used by a teacher, school principal, school employee, school bus driver, or other agent of a district in the exercise of lawful authority, to restrain a child or pupil to prevent bodily harm or death to the child, pupil, or another; or
  8. when used by a common carrier in expelling a passenger who refuses to obey a lawful requirement for the conduct of passengers and reasonable care is exercised with regard to the passenger's personal safety; or
  9. when used to restrain a person with a mental illness or a person with a developmental disability from self-injury or injury to another or when used by one with authority to do so to compel compliance with reasonable requirements for the person's control, conduct, or treatment; or
  10. when used by a public or private institution providing custody or treatment against one lawfully committed to it to compel compliance with reasonable requirements for the control, conduct, or treatment of the committed person.
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.

Subd. 3.Limitations on the use of certain restraints.

(a) A peace officer may not use any of the following restraints unless section 609.066 authorizes the use of deadly force to protect the peace officer or another from death or great bodily harm:

  1. a choke hold;
  2. tying all of a person's limbs together behind the person's back to render the person immobile; or
  3. securing a person in any way that results in transporting the person face down in a vehicle.
(b) For the purposes of this subdivision, "choke hold" means a method by which a person applies sufficient pressure to a person to make breathing difficult or impossible, and includes but is not limited to any pressure to the neck, throat, or windpipe that may prevent or hinder breathing, or reduce intake of air. Choke hold also means applying pressure to a person's neck on either side of the windpipe, but not to the windpipe itself, to stop the flow of blood to the brain via the carotid arteries.
Subd. 4. Use of force not authorized; reaction to victim's sexual orientation or gender identity. Force may not be used against another based on the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived sexual orientation, gender identity, or gender expression.

Minn. Stat. § 609.06

 

Justifiable Taking of LifeThe 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.

Minn. Stat. § 609.065

Use of Force in Defense of Others

Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state.  

Minnesota law:
Subdivision 1.When authorized. Except as otherwise provided in subdivisions 2 to 4, 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:

  1. when used by a public officer or one assisting a public officer under the public officer's direction:
    1. in effecting a lawful arrest; or
    2. in the execution of legal process; or
    3. in enforcing an order of the court; or
    4. in executing any other duty imposed upon the public officer by law; or
  2. when used by a person not a public officer in arresting another in the cases and in the manner provided by law and delivering the other to an officer competent to receive the other into custody; or
  3. when used by any person in resisting or aiding another to resist an offense against the person; or
  4. when used by any person in lawful possession of real or personal property, or by another assisting the person in lawful possession, in resisting a trespass upon or other unlawful interference with such property; or
  5. when used by any person to prevent the escape, or to retake following the escape, of a person lawfully held on a charge or conviction of a crime; or
  6. when used by a parent, guardian, or other lawful custodian of a child, in the exercise of lawful authority, to restrain or correct such child; or
  7. when used by a teacher, school principal, school employee, school bus driver, or other agent of a district in the exercise of lawful authority, to restrain a child or pupil to prevent bodily harm or death to the child, pupil, or another; or
  8. when used by a common carrier in expelling a passenger who refuses to obey a lawful requirement for the conduct of passengers and reasonable care is exercised with regard to the passenger's personal safety; or
  9. when used to restrain a person with a mental illness or a person with a developmental disability from self-injury or injury to another or when used by one with authority to do so to compel compliance with reasonable requirements for the person's control, conduct, or treatment; or
  10. when used by a public or private institution providing custody or treatment against one lawfully committed to it to compel compliance with reasonable requirements for the control, conduct, or treatment of the committed person.
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.

Subd. 3.Limitations on the use of certain restraints.

(a) A peace officer may not use any of the following restraints unless section 609.066 authorizes the use of deadly force to protect the peace officer or another from death or great bodily harm:

  1. a choke hold;
  2. tying all of a person's limbs together behind the person's back to render the person immobile; or
  3. securing a person in any way that results in transporting the person face down in a vehicle.
(b) For the purposes of this subdivision, "choke hold" means a method by which a person applies sufficient pressure to a person to make breathing difficult or impossible, and includes but is not limited to any pressure to the neck, throat, or windpipe that may prevent or hinder breathing, or reduce intake of air. Choke hold also means applying pressure to a person's neck on either side of the windpipe, but not to the windpipe itself, to stop the flow of blood to the brain via the carotid arteries.
Subd. 4. Use of force not authorized; reaction to victim's sexual orientation or gender identity. Force may not be used against another based on the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived sexual orientation, gender identity, or gender expression.

Minn. Stat. § 609.06

Use of Force in Defense of Habitation

The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.   

Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all. 

Minnesota law does not specifically address defense of habitation, but it would be included in the defense-of-person law.

Use of Force in Defense of Property

Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted. 

Minnesota law:
Subdivision 1.When authorized. Except as otherwise provided in subdivisions 2 to 4, 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:

  1. when used by a public officer or one assisting a public officer under the public officer's direction:
    1. in effecting a lawful arrest; or
    2. in the execution of legal process; or
    3. in enforcing an order of the court; or
    4. in executing any other duty imposed upon the public officer by law; or
  2. when used by a person not a public officer in arresting another in the cases and in the manner provided by law and delivering the other to an officer competent to receive the other into custody; or
  3. when used by any person in resisting or aiding another to resist an offense against the person; or
  4. when used by any person in lawful possession of real or personal property, or by another assisting the person in lawful possession, in resisting a trespass upon or other unlawful interference with such property; or
  5. when used by any person to prevent the escape, or to retake following the escape, of a person lawfully held on a charge or conviction of a crime; or
  6. when used by a parent, guardian, or other lawful custodian of a child, in the exercise of lawful authority, to restrain or correct such child; or
  7. when used by a teacher, school principal, school employee, school bus driver, or other agent of a district in the exercise of lawful authority, to restrain a child or pupil to prevent bodily harm or death to the child, pupil, or another; or
  8. when used by a common carrier in expelling a passenger who refuses to obey a lawful requirement for the conduct of passengers and reasonable care is exercised with regard to the passenger's personal safety; or
  9. when used to restrain a person with a mental illness or a person with a developmental disability from self-injury or injury to another or when used by one with authority to do so to compel compliance with reasonable requirements for the person's control, conduct, or treatment; or
  10. when used by a public or private institution providing custody or treatment against one lawfully committed to it to compel compliance with reasonable requirements for the control, conduct, or treatment of the committed person.
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.

Subd. 3.Limitations on the use of certain restraints.

(a) A peace officer may not use any of the following restraints unless section 609.066 authorizes the use of deadly force to protect the peace officer or another from death or great bodily harm:

  1. a choke hold;
  2. tying all of a person's limbs together behind the person's back to render the person immobile; or
  3. securing a person in any way that results in transporting the person face down in a vehicle.
(b) For the purposes of this subdivision, "choke hold" means a method by which a person applies sufficient pressure to a person to make breathing difficult or impossible, and includes but is not limited to any pressure to the neck, throat, or windpipe that may prevent or hinder breathing, or reduce intake of air. Choke hold also means applying pressure to a person's neck on either side of the windpipe, but not to the windpipe itself, to stop the flow of blood to the brain via the carotid arteries.
Subd. 4. Use of force not authorized; reaction to victim's sexual orientation or gender identity. Force may not be used against another based on the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived sexual orientation, gender identity, or gender expression.

Minn. Stat. § 609.06

Self-Defense Immunity

To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits. 

Minnesota does not have any laws specifically related to self-defense immunity.

Duty to Retreat

A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations. 

Minnesota law:

Deadly force not justified if…The actor knows that he can avoid the necessity of using such force with complete safety by re-treating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action that he has no duty to take, except that: (A) the actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be;

MPC §3.04(2)(b)(ii)

Self-Defense Limitations

CONTENT NOT FOUND. ATTORNEY TO REMOVE.

Use of Force Considerations

CONTENT NOT FOUND. ATTORNEY TO REVIEW.

Use of Force Against Animals

Any person may kill any dog that the person knows is affected with the disease known as hydrophobia, or that may suddenly attack while the person is peacefully walking or riding and while being out of the enclosure of its owner or keeper, and may kill any dog found killing, wounding, or worrying any horses, cattle, sheep, lambs, or other domestic animals.

Minn. Stat. § 347.17

Cases to Watch

CONTENT NOT FOUND. ATTORNEY TO REVIEW.

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