Carry Without Permit

Estimated reading time: 10 minutes

Minnesota makes weapon carry without a permit a crime is some common situations, including carry in a car. One factor that makes a big difference between legal and criminal is location, for example “public place.” Other factors include the purpose in carrying or transporting (e.g., driving to the gun range), the nature of the weapon, and the condition of the weapon (e.g., loaded firearm, fully enclosed in specified case), etc. We’ll dig into these topics here. But first, keep in mind that “possession” is a broader term (which we cover on other pages), than the terms “carry” or “transport.” For more on the issue of “possession” see my page: What is Firearm Possession?

Firearm, Replica Firearm, BB Gun

Crimes related to possession or carry of firearms and items that might look like a firearm include:

• pistols
• rifle or shotgun
• replica firearm
• BB gun

The most common relate to pistols. Here is the Minnesota Criminal Statute on the Carry Firearm Without a Permit in A Public Place:

“Permit required; penalty. A person, other than a peace officer, … 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.”

Minnesota Statutes §624.714, Subd. 1a (2024)

But what is the definition of “pistol” that applies to that statute? Another statutory section provides the following definition:

“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.”

Minnesota Statutes §624.712, Subd. 2 (2024)

What about rifles, shotguns and BB guns? Another Minnesota Statutes makes public carry without a permit a crime in some circumstances:

“Penalties. Whoever carries a BB gun, rifle, or shotgun on or about the person in a public place is guilty of a gross misdemeanor. A person under the age of 21 who carries a semiautomatic military-style assault weapon, as defined in section 624.712, subdivision 7, on or about the person in a public place is guilty of a felony.”

Minnesota Statutes §624.7181, Subd. 2 (2024)

That statute section, however, defines “carry” in a way that excludes several situations from criminal liability:

(b) “‘Carry’ does not include:
(1) the carrying of a BB gun, rifle, or shotgun to, from, or at a place where firearms are repaired, bought, sold, traded, or displayed, or where hunting, target shooting, or other lawful activity involving firearms occurs, or at funerals, parades, or other lawful ceremonies;
(2) the carrying by a person of a BB gun, rifle, or shotgun that is unloaded and in a gun case expressly made to contain a firearm, if the case fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened, and no portion of the firearm is exposed;
(3) the carrying of a BB gun, rifle, or shotgun by a person who has a permit under section 624.714;
(4) the carrying of an antique firearm as a curiosity or for its historical significance or value; or
(5) the transporting of a BB gun, rifle, or shotgun in compliance with section 97B.045.

Minnesota Statutes §624.7181, Subdivision 1 (b) (2024)

So, no carry permit is required for the above conduct because it is excluded from the definition of carry, including carry in a car. These include any of the following:

• transport, including carry in car, between specified purpose-specific locations
• unloaded in a gun case made to contain a firearm, if the case fully encloses the firearm by being zipped, snapped, buckled, tied, or fastened
• person has a Carry Permit
• antique firearm as a curiosity or for its historical significance or value
• transporting in compliance with Minnesota Statutes § 97B.045, “TRANSPORTING FIREARMS.”

Another Minnesota Statute covers “firearms” (e.g., pistols, rifles, shotguns) transport:

“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 [carry permit, etc.] and 624.715 [‘antique firearms’] .”

Minnesota Statutes §97B.045, Subdivision 1 (2024)

So carry in a car is lawful if one of the following are true:

• unloaded in a gun case made to contain a firearm, if the case fully encloses the firearm by being zipped, snapped, buckled, tied, or fastened
• unloaded and in the closed trunk of a motor vehicle
• “handgun” carried in compliance with Minnesota Statutes §624.714, carry permit, etc., and Minnesota Statutes §624.715 “antique firearms.”

For more on Airgun and BB gun criminal law issues, see my page: BB gun in Minnesota Criminal Laws.

Unloaded vs. Loaded: Carry Without Permit

What does “unloaded” mean? Minnesota does not have a statutory definition of “loaded” or “unloaded” in the statute relating to carry and transport of firearms. Most people believe that an “unloaded firearm” means a firearm without an ammunition round in the firing chamber — “Condition 3,” empty chamber. Such a firearm cannot fire with a trigger pull. But Minnesota Statutes §609.666, on Negligent Storage of Firearms, has a much broader, uncommon definition:

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

(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.”

Minnesota Statutes §609.666, Subd. 1

See my page: Negligent Storage of Firearm + Child Access

And prosecutors and police in Minnesota generally want to use that broader definition of “loaded” to include not only a firearm with a round in the chamber, but also one with an empty chamber, but with rounds in a magazine inserted into the firearm. In other words, a firearm incapable of firing with simply a pull of the trigger due to an empty chamber, could still be treated as “loaded” if a loaded magazine is inserted into it.

Purpose in Carrying or Transporting

A person can lawfully carry a firearm without a permit in Minnesota for certain purposes authorized by law. For example, pistols:

“Carrying pistols about one’s premises or for purposes of repair, target practice. 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.

Minnesota Statutes §624.714, Subd. 9 (2024)

And, beyond pistols, Minnesota Statutes §624.7181, Subdivision 1 (2025) (b) says:

“‘Carry’ does not include:
(1) the carrying of a BB gun, rifle, or shotgun to, from, or at a place where firearms are repaired, bought, sold, traded, or displayed, or where hunting, target shooting, or other lawful activity involving firearms occurs, or at funerals, parades, or other lawful ceremonies …”

Minnesota Statutes §624.7181, Subdivision 1 (b) (2025)

FAQ: “Is Open Carry Legal in Minnesota?”

Open Carry of a firearm can be legal in Minnesota. Let’s mention two common situations where open carry of a firearm is lawful.

First, a person with a carry permit can lawfully carry a firearm open or concealed, including in most public places. (Minnesota Statutes have a list of locations where carry permit holders may not lawfully carry). And this is true both for pistols and for long guns, both for open carry and concealed carry.

But the structure of the Minnesota Statutes is overly convoluted. First, Minn. Stat. § 624.714, Subd. 1a, authorizes people with a carry permit to carry a pistol, both open carry and concealed carry. The wording misleads some who stop there, since it does not mention long guns like rifles and shotguns.

But the statutes must be read as a whole, together. And Minn. Stat. § 624.7181, Subd. 1, defines “Carry” to not include “whoever carries a BB gun, rifle, or shotgun on or about the person in a public the carrying of a BB gun, rifle, or shotgun by a person who has a permit under section 624.714,” a permit to carry a pistol. Taken together, the law is clear. In Minnesota, a carry permit holder can lawfully carry a firearm, whether pistol, rifle or shotgun, openly or concealed, in most private and public places.

Second, a person may lawfully open carry in many hunting situations. Minn. Stat. § 624.714, Subd. 9, says a permit to carry a pistol is not required of a person “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,” among other listed situations. And Minn. Stat. § 624.7181, Subd. 1, defines “Carry” to exclude carrying of “a BB gun, rifle, or shotgun to, from, or at a place where … hunting, target shooting,” among other listed situations. Taken together, open or concealed carry is lawful, even without a carry permit, for pistols, rifles, and shotguns “to, from, or at a place where … hunting, target shooting.”

FAQ: “Can Police Legally Stop Me for a Firearm in Plain Sight?”

On the one hand, several federal court decisions have established that lawfully carrying a firearm—where permitted by state law—does not, by itself, constitute reasonable suspicion of a crime to justify a Terry stop.

But on the other hand, if carrying a firearm would be presumptively illegal under the circumstances where a carry permit would otherwise be required (e.g. not inside one’s home, a place where hunting occurs, etc.) then police would be authorized to make a Terry stop. According to Minnesota appellate court cases, this is because Minnesota Statutes § 624.714 is a “general prohibition:” anyone having a firearm in a public place may be prosecuted if he has no permit. “Without a permit” is not an element of the crime, but only indicates that some persons cannot commit the offense by reason of having a valid permit. See, State v. Williams, 794 NW 2d 867 (Minn. Supreme Court 2011).

And of course the carry permit statute requires the carry permit holder to show it to a police officer upon request. Minn. Stat. § 624.714, Subd. 1b (“must display the permit card and identification document upon lawful demand by a peace officer”).

See my article for more on whether a Fourth Amendment seizure is lawful: Illegal Stops by Police.

For a discussion of police temporarily taking possession of a weapon during a stop, see: Minnesota Carry Permit.

FAQ: “Can I face criminal charges for just lawfully carrying a firearm?”

No. While the laws relating to whether carrying a firearm can be complex, assuming a person is lawfully carrying, only, that is no crime.

“What if someone sees a person’s lawfully carried firearm and become fearful, could I be arrested or charged with a crime?” The answer to that question should focus on conduct other than mere lawful carry. In other words, the person lawfully carrying do anything intended to create fear (or use force)?

For more on this question, see my articles:

Brandishing, Assault & Self-Defense: Legal Readiness

Obstruction & Resisting Arrest

Location: Private, Public, Prohibited

Location matters, when it comes to carrying a weapon lawfully. Assuming a person has their full rights of citizenship, that person can generally possess a firearm lawfully in their own private space, such as in their home, without a permit. For more on civil rights to firearms, see my series: Minnesota Gun Laws.

But for a “public place,” a carry permit may be necessary for lawful carry and transport – unless one of the other exceptions apply (see above). For more on what is a “public place” for purposes of Minnesota gun laws, see my article: Public Place in Minnesota Gun Laws.

The Minnesota Statutes have a list of types of locations where carrying a firearm is prohibited, even with a carry permit, such as schools, certain government buildings, etc.

And private spaces open to the public can post signs prohibiting carrying firearms on their premises, similar to trespass law.

For more on place restrictions, see my page for: Minnesota Carry Permit Holders.

Carrying With an Alcohol Concentration of 0.04 or more

With or without a carry permit, carrying a pistol “in a public place” in Minnesota is a crime when under the influence of a “controlled substance;” under the influence of alcohol; or with alcohol concentration more than 0.04. For more a full discussion of this see my page: Carrying Under the Influence.

I sometimes have cases with multiple charges like carry in the public place without a permit, over 0.04, sometimes also DWI, negligent discharge. Avoiding alcohol when handling firearms is clearly a good idea. Or vice versa.

Other Considerations: Carry Without Permit

Numerous other Minnesota laws creates crimes for certain people to possess a firearm. And other Minnesota laws prohibit possessing a gun in certain locations. Laws relating to carry and transport, including carry in a car, do not change those other laws making possession a crime in certain circumstances. You learn more about those in our other gun crimes pages here.

Constitutional Carry

Is Minnesota a constitutional carry state? No, not yet.

1975: In 1975, the Minnesota Legislature enacted legislation for the first time requiring a person to first obtain a permit to lawfully carry or possess a pistol in a public place. See, In re Application of Atkinson, 291 N.W.2d 396, 399 (Minn. 1980). Prior to enactment of the Minnesota Gun Control Act of 1975, it was lawful to carry a pistol or revolver uncased and-or loaded within the state. There was no requirement that such handgun must be carried along with a permit to carry. See, Minnesota House of Representatives Research Dept, Firearms Laws in Minnesota Nov. 2012.

1791: The Second Amendment to the U.S. Constitution, prohibiting the government from infringing upon the right to keep and bear arms, was adopted and ratified in 1791, as part of the Bill of Rights.

Constitutional carry is based the Second Amendment:

“A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”

Amendment II, United States Constitution

The key language is: “the right of the people to … bear arms.” The principle asserts that peaceable citizens have the right to carry firearms without a government-issued permit or license, given that the amendment itself explicitly prohibits government from even infringing upon the right. A related term is “permitless carry,” which can refer to laws with some restrictions, like “lawful to possess,” age; but remove a carry permit requirement.

This principle challenges permit systems that require background checks, training, or fees, as infringements on the right to bear arms. In states with constitutional carry laws, legally allowed gun owners can lawfully carry handguns in public without a state-issued permit.

The United States Supreme Court hasn’t issued a single ruling specifically defining constitutional carry ( or permitless carry), but its Bruen decision (2022) affirmed the right to carry firearms in public for self-defense, striking down “proper cause” requirements, while also confirming that states can still require permits, background checks, and training as “presumptively lawful” regulations, leaving constitutional carry laws to be decided by lower courts and perhaps by the United States Supreme Court in pending cases like Wolford v. Lopez.

As of early 2026, about twentynine States have some form of permitless or “constitutional carry.” Minnesota is not yet one of those States, and still requires a permit to carry a firearm in public. Here, you can: help pass Minnesota Constitutional Carry with the Minnesota Gun Owners’ Caucus.

And we do have the right to a jury trial. In a jury trial, the judge is not the ultimate decider of law and fact — the jury is. For more, see my article: The Jury Trial | The Jury Court.

Question? Call Attorney Thomas Gallagher, 612 333-1500

Attorney Thomas Gallagher is the author of this page. Knowing the law can empower you. Check out the many other, lined pages about gun law on this site.

More on carry without permit

Gun Charges Defense Lawyer

Discharge of Firearm | Reckless vs Intentional

Prohibited Person in Possession of Firearm

Dangerous Weapon Charges

Point-of-View and Self-Defense

Guide to Self-Defense Laws in Minnesota