Estimated reading time: 6 minutes
Minnesota has a statute defining a grab bag of crimes relating to “dangerous weapons,” Minnesota Statutes §609.66. The statutes variously criminalizes people based variously upon the characteristics of the “dangerous weapon,” the location, knowing possession, certain wrongful conduct, age and regulatory compliance. Let’s dig in to these weapon charges, and potential defenses.
Statutory interpretation: But first, did you laugh when you first saw the phrase “dangerous weapon?” After all, is there any weapon that is not dangerous? So, is that phrasing nothing more that rhetorical? For a lawyer, the adjective “dangerous” placed before the word “weapon,” must mean that the term “dangerous weapon” cannot logically apply to all weapons. Rather, it must apply only to a subset of “weapons,” those things defined by statute to be “dangerous weapons” only, which can result in weapon charges.
Firearm crimes
The statute includes crimes for a person using a firearm who:
- recklessly handles or uses to endanger the safety of another;
- intentionally points at or toward another;
- intentionally discharges firearm in circumstances that endanger safety of another;
- recklessly discharges a firearm within municipality;
- while in or having just exited a motor vehicle, recklessly discharges toward a motor vehicle, building or a person.
Dangerous Weapon Charges
And the statute creates crimes for a person using a “dangerous weapon” who:
- possess in certain state buildings, including courthouses, with some exceptions;
- Possess “dangerous weapon,” replica firearm or a BB gun on school property, with exceptions;
- recklessly furnishes a dangerous weapon in conscious disregard of a known substantial risk it will be possessed in furtherance of a felony crime of violence. If proven, these acts can lead to serious weapon charges against an individual.
More on “reckless” vs “negligence:”
Negligent Storage of Firearm + Child Access
Reckless vs. Intentional Discharge of a Firearm
Definition of “Dangerous Weapon”
The definition of “dangerous weapon” is in Minnesota Statutes §609.02, Subd. 6:
“‘Dangerous weapon’ means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, any combustible or flammable liquid or other device or instrumentality that, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm, or any fire that is used to produce death or great bodily harm. …”
In addition, Minnesota Statutes §609.66 specifically mentions the following things:
- gun
- explosive
- slungshot or sand club
- metal knuckles or a switch blade knife opening automatically
- suppressor not lawfully possessed under federal law.
These items are typically associated with various weapon charges.
Is Possession of a Switchblade Knife a crime?
Minnesota Statutes §609.66, Subdivision 1 (a) (4) says whoever “manufactures, transfers, or possesses … a switch blade knife opening automatically” is guilty of a crime. The crime is is misdemeanor, or a gross misdemeanor if committed in “a public housing zone, a school zone, or a park zone.”
The statutory definition is sparsely vague, apparently equating a “switch blade knife” with one capable of “opening automatically.” Of course, no folding knives literally “open automatically.” So statutory construction may be necessary. One principle of statutory construction holds that when it comes to punitive criminal laws, any ambiguity must be resolved to the benefit of the person accused. Since no folding knives “open automatically” without input from a user, arguably no such knife exists. But if courts use common definition, a switchblade knife would be a folding knife that remains closed (folded) until the user pushes a button or switch to then cause the blade to automatically open and lock open. (A folding knife that does not lock open would not be a useful weapon.)
The collector exception to these weapon charges is in Minnesota Statutes §609.66, Subd. 2. “Exceptions. Nothing in this section prohibits the possession of the articles mentioned by museums or collectors of art or for other lawful purposes of public exhibition.”
And a Second Amendment challenge to Minnesota’s switchblade ban, Knife Rights, Inc., Sjodin, Draeger, and Crystal v. Ellison, Attorney General of the State of Minnesota, et al., 24-cv-03749, U.S. District Court Minnesota, was filed Sept. 26, 2024.
Are Brass Knuckles a Crime to Possess?
Minnesota Statutes §609.66, Subdivision 1 (a) (4) says whoever “manufactures, transfers, or possesses … metal knuckles” is guilty of a crime. The crime is is misdemeanor, or a gross misdemeanor if committed in “a public housing zone, a school zone, or a park zone.”
No specific definition of “metal knuckles” is provided by statute. So presumably the common meaning is up for debate and consideration in one of these cases. One thing is clear though, a defensive weapon fitting around the knuckles of a fist would not be included in the definition of “metal knuckles” if unless made of metal. And of course, “metal knuckles” would include any metal, not just “brass knuckles.”
And in addition other defenses I discuss below, the collector defense in Subdivision 2 might apply to true collectors, and the Second Amendment should apply as well. Still, most people would prefer to avoid trouble rather than subjecting themselves to becoming a legal test case.
Defenses to Weapon Charges
Legal defenses to government claims that a person violated a weapon crime statute include first, challenging the prosecution to its burden to come up with evidence to support each “element” of the particular crime they are claiming.
So, when it comes to crimes requiring Discharge of a Firearm, among the elements the prosecution must have evidence to support are (1) that a firearm was fired, and (2) who if anyone caused the discharge. Most of these cases happen indoors, usually in an apartment or townhouse. And in most cases, the person facing charges spoke to police or admitted to someone else. For more on these cases see my page: Discharge of a Firearm.
When it comes to criminal possession cases, the prosecution must have evidence that (1) a specific, identified person, (2) knowingly possessed the prohibited item (knew what it was and that it was there). For more on defending these possession charges see my page: What Is Firearm Possession?
In some cases, the government makes a weapon charge where the item does not fit the definition of a “dangerous weapon,” or other statutory definition required. These could include “slungshot or sand club,” “metal knuckles or a switch blade knife opening automatically,” or “suppressor.”
The Second Amendment of the United States Constitution says:
“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.”
So, we have a constitutional defense to weapon charges because the Second Amendment affirmatively voids laws infringing upon the people’s right to keep and bear arms (weapons). U.S. Supreme Court cases, including New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022), make this clear. And, for example, several courts have held that laws banning switchblade knives are unconstitutional. But this constitutional defense is not well settled in Minnesota courts yet. So a case depending upon a constitutional defense is more likely to go up though the appellate courts.
Question? Call Attorney Thomas Gallagher, 612-333-1500
Have a question about weapon charges in Minnesota? Check out my web pages here with more useful information on firearms, weapons, possession and self-defense. Or call Attorney Thomas Gallagher for answers.
More: Weapon Charges
Gun Charges Defense Lawyer
Carry Without Permit
BB gun in Minnesota Criminal Laws
Minnesota Gun Laws posts
Point-of-View and Self-Defense
Self-Defense Law articles