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Carry Without Permit

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.

Minnesota Statutes §624.714 Subd. 1a (2024): “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.”

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

Minnesota Statutes §624.712, Subd. 2 (2024): “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.”

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

Minnesota Statutes §624.7181, Subd. 2 (2024): “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.”

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

Minnesota Statutes §624.7181, Subdivision 1 (2024): (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.

So, no carry permit is required to do the above conduct that 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:

Minnesota Statutes §97B.045, Subdivision 1 (2024): “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”] .”

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 assume that an “unloaded firearm” is a firearm without an ammunition round in the firing chamber. Such a firearm cannot be fired with a trigger pull. But Minnesota Statutes §609.666, on Negligent Storage of Firearms, has a broad definition: “Subdivision 1. 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.”

And prosecutors and police in Minnesota generally use that broader definition of “loaded” to include not only a firearm with a round in the chamber, but also one 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:

Minnesota Statutes §624.714, Subd. 9 (2024): “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.

And, beyond pistols, Minnesota Statutes §624.7181, Subdivision 1 (2024) (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 …”

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 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.

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.

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.

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