Estimated reading time: 8 minutes
Key Takeaways
- Minnesota Statutes § 609.66 defines weapon crimes based type, location and possession.
- Firearm crimes include reckless use or discharge and possession in specific places.
- Definition of ‘dangerous weapon’ includes firearms, explosives, and suppressors.
- Defenses include challenging evidence, item identity or self-defense.
- Second Amendment may provide a defense against weapon charges though unsettled.
Weapon charges. Minnesota has a statute defining a grab bag of crimes relating to “dangerous weapons,” Minnesota Statutes § 609.66.
The statute variously criminalizes people based variously upon (1) the characteristics of the “dangerous weapon,” (2) location, (3) knowing possession, (3) certain conduct, (4) age and (5) technical 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, isn’t every weapon meant to be dangerous? So, is that phrasing rhetorical?
For a lawyer, the adjective “dangerous” placed before the word “weapon,” must mean that the statutory term “dangerous weapon” does not logically apply to all weapons. Rather, it must apply only to a smaller subset of “weapons,” to only those things defined by statute to be “dangerous weapons.” Here we have another example of conflict between the common meaning of a word, and the statutory meaning (whatever the statute defines the term to mean, even if nonsensical).
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; or
- while in or just after exiting a motor vehicle, recklessly discharges toward a motor vehicle, building or 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;
- “dangerous weapon,” replica firearm or a BB gun possession 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. simple “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. …”
Minn. Stat. § 609.02, Subd. 6
In addition the catch-all section, Minnesota Statutes § 609.66 specifically mentions the following things:
- gun
- firearm
- 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.
For additional legal analysis of the statutory definition of “dangerous weapon,” potentially including motor vehicles, see:
Riot Criminal Charges & Defense in Minnesota
Suppressor
Minnesota Statutes § 609.66, Subd. 1a (a) (1) says it’s a felony crime if a person “sells or has in possession a suppressor that is not lawfully possessed under federal law.” Many people in Minnesota do lawfully possess a firearm suppressor (also called silencer, muffler) in compliance with the requirements of the National Firearms Act of 1934.
And the definition of suppressor can be key in some cases:
“As used in this subdivision, ‘suppressor’ means any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.”
Minn. Stat. § 609.66, Subd. 1a (c)
That definition is similar to the definition of “firearm silencer” or “firearm muffler” in the National Firearms Act of 1934, 26 U.S. Code § 5845; and the Gun Control Act of 1968, 18 USC § 921 (a)(25).
The definition of “suppressor” can be divided into three defenses:
- Not a functional firearm suppressor, capable of silencing, muffling, or diminishing the report of a portable firearm.
- No combination of parts intended for use in assembling or fabricating a firearm silencer or muffler.
- Isn’t a single part intended only for use in assembly or fabrication of a suppressor.
Many common devices could be confused with a firearm suppressor, even though they are not. Examples include flash suppressors, muzzle compensators, rifle barrel extenders, theatrical props, cosplay items (often 3D printed), etc. And Attorney Thomas Gallagher recently had a case where the prosecutor pointed to a rifle buffer tube, calling it a suppressor.
Hunting license revocation: A person convicted of illegal possession of a firearm suppressor while hunting or related situations, in addition to the criminal penalties, “may not obtain a hunting license or hunt wild animals for five years from the date of conviction.” Minnesota Statutes § 97A.421, Subd. 3a.
FAQ: “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 a 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 limiting a “switch blade knife” to one capable of “opening automatically.” Of course, no folding knives in existence literally “open automatically.” So statutory construction may be necessary. One principle of statutory construction holds that when it comes to punitive criminal laws, courts should resolve any ambiguity to the benefit of the person accused. (The legislature can amend the law. But the law must provide fair notice.)
Since no folding knives “open automatically” without input from a user, arguably no such knife exists. But if courts use a common definition instead, 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 useful as a 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 and is still pending as of March 9, 2026 (see link).
FAQ: “Are Brass Knuckles a Crime to Possess?”
Yes. Brass knuckles are metal knuckles. And metal knuckles are a crime to possess, generally. 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” unless made of metal. And of course, “metal knuckles” would include any metal, not just “brass knuckles.”
And in addition other defenses discussed 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
When the government claims that a person violated a weapon crime statute, legal defenses include, first, challenging the prosecution failure to meet its burden to come up with evidence supporting each statutory element of their claimed crime. See:
Criminal Defenses in Minnesota.
Criminal Evidence Law | Suppression.
So, when it comes to crimes requiring Discharge of a Firearm, among the elements the prosecution must prove are (1) that a firearm was fired, (2) who if anyone caused the discharge, and (3) the person’s actions were “reckless.” Most of these cases happen indoors, usually in an apartment or townhouse. And in most cases, the person faces charges after speaking to police or volunteering information to someone else. For more on these cases see:
Reckless Discharge of a Firearm Crimes & Defenses.
Self-defense could be a defense to an intentional discharge of a firearm charge, Assault Second Degree – Weapon, No Injury, or pointing charge. If the a person intentionally (not accidentally) uses force in self-defense or defense of another, in some circumstances that use of force may be lawful self-defense. Discussed self-defense extensively in this site, please see:
Self-Defense Laws in Minnesota: A Comprehnsive Guide
Point-of-View & Self-Defense
Disparity of Force & Self-Defense
Brandishing, Assault & Self-Defense: Legal Readiness
Self-Defense Law articles
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, and exercised dominion and control over it). For more on defending possession charges see:
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.”
And 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 (US Supreme Court 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.
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