Negligent Storage of Firearm + Child Access

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What is the Minnesota crime of Negligent Storage of a Firearm? Minnesota Statutes § 609.666 makes it a Gross Misdemeanor crime, punishable by up to 364 days in jail. The required conduct includes negligent storage, plus a loaded firearm, plus a child likely to access. But a person facing a criminal Minnesota gun storage charge can defend against it with the help of a Minnesota criminal defense attorney.

Note that this crime is independent of whether the defendant has a Minnesota Carry Permit.

Minnesota Statutes § 609.666 (2025) says:

“Subd. 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 (2025)

Elements of Negligent Storage of Firearm

Every crime has “elements.” The prosecutor must prove each and every element of a crime with evidence, if they can, in order to get a guilty verdict. So what are the elements of Negligent Storage of a Firearm?

A “Firearm:” In Minnesota courts recognize that a firearm must a device designed as a weapon (“arm”) which expels a projectile, by use of a “fire” combustion or explosion.

“Loaded:” Most people understand a “loaded” firearm to mean a round of ammunition is in the firing chamber ready to fire. But the statute expands the definition of “loaded” to include “ammunition in the chamber or magazine, if the magazine is in the firearm.”

“Negligent” gun storage: Simple negligence alone is not enough for a crime. So when simple negligence is the basis for a crime, the statute will additionally require negligence plus some other conduct, together amounting to “gross negligence” – the minimum level of criminal intent necessary for a crime. Here, we see negligence plus loaded firearm plus child.

But the negligence portion requires negligence in storing or leaving. Negligence, normally a civil tort cause of action (not criminal), requires a:

1. legal duty;
2. breach of that duty;
3. damage as a result;
4. which was proximately caused by the breach of duty.

“Child is likely to gain access:” How does a prosecutor prove a “child is likely to gain access?” In our cases, we’ve seen facts where a child actually did gain access. But in a case where a child did gain access, that does not necessarily mean that the defendant “reasonably should know” that a “child is likely to gain access.” “Reasonable” reminds us to look at what the defendant knew at the time, not what we know now. We must reject hindsight bias error.

And whether the defendant “reasonably should have known” depends upon other facts in the case. For example, if the gun was locked in a safe and the child broke it open, the evidence would not show that the defendant knew a child would be likely to gain access.

Whether a “child is likely to gain access” may share some of the concepts of possession law. For more on possession law, see:

What is Firearm Possession?

Other elements of “negligent storage of firearm” include “child,” jurisdiction, and if a crime was committed, the identity of the person.

Defenses to Negligent Storage of Firearm

Sometimes criminal statutes include specific defenses. In addition, we have all the other defenses that any person accused would have in any criminal case, including the prosecution’s failure to prove one or more statutory elements.

“Reasonable action is taken to secure the firearm:” What is reasonable action? It is action that a reasonable person would take. This requires the jury to adopt the point-of-view of the defendant. From the defendant’s perspective, were actions to secure the firearm reasonable? Though the subjective intent of the defendant is relevant, “reasonable” requires an objective standard. What would a reasonable person do in the defendant’s shoes, knowing what he or she knew at the time?

For more on the reasonable person standard in the law, see:

The “reasonable person”

“Obtained as a result of an unlawful entry:” If a child accessed a loaded firearm, did that child unlawfully enter? If so, there was no gun storage crime.

Minors may lawfully possess firearms under various circumstances. If any of these apply, then the facts would not support a criminal charge for “negligent storage of firearm.”

Some of these circumstances may include: supervision, training, hunting, firearms safety certificate, military drill. See, Minnesota Statutes § 97B.021 (Possession of firearms under age 16), Minn. Stat. § 624.713, subd. 1; (pistol under 18 supervised),

Critics point out that this statute criminalizes “pre-crime” not actual crime, since no actual harm is required. No victim, no crime. And no damage caused should mean no “negligence.”

Question? Call Attorney Thomas Gallagher, 612 333-1500

Do you have a question about negligent storage of firearm? Minnesota Gun Crimes Defense Attorney Thomas Gallagher welcomes your call.

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