{"id":374261,"date":"2016-03-31T21:35:40","date_gmt":"2016-04-01T02:35:40","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/minnesota-law\/minnesota-gun-control-laws.html"},"modified":"2024-10-30T12:52:00","modified_gmt":"2024-10-30T17:52:00","slug":"minnesota-gun-control-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/minnesota-law\/minnesota-gun-control-laws.html","title":{"rendered":"Minnesota Gun Control Laws"},"content":{"rendered":"\n
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Minnesota Gun Control Laws<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Gun control remains a controversial topic in the daily news feed. At one end is the right for citizens to bear arms for traditional reasons like self-defense, while at the other is the challenge to public safety when governments appear helpless to end mass shootings<\/a> throughout the nation. In recent years, there has been little agreement at the federal level on gun laws. In Minnesota and other states, striking a reasonable balance often falls to state legislators and officials.<\/p>\r\n

Federal Law<\/h3>\r\n

Federal law begins with a review of the Second Amendment<\/a> to the U.S. Constitution and its interpretation by the U.S. Supreme Court. The Second Amendment states:<\/p>\r\n

"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."<\/p>\r\n

In the case of District of Columbia v. Heller <\/i>(2008), the Supreme Court found that the Second Amendment provides an individual right to possess or own a gun for self-defense. More recently, in New York State Rifle & Pistol Association v. Bruen<\/i><\/a> (2022), the Court ruled that this right extends to arming oneself in public. These decisions altered the landscape of the litigation of gun rights in America. <\/p>\r\n

As a result, any state regulation today may face a challenge in court. Courts will assess whether the law in question aligns with a traditional framework for firearms regulation in U.S. history.<\/p>\r\n

Congress has faced conflict over gun rights and gun control for some time, so changes in federal firearms law are rare. Under the Gun Control Act of 1968<\/a> (GCA), the federal government regulates interstate commerce in firearms. It requires those who manufacture, sell, or import firearms as their business to obtain a federal firearms license. Private sellers who don’t engage in firearm sales for profit like a business fall outside the regulation scheme. <\/p>\r\n

Federal law bans citizens from owning machine guns. It also sets forth categories of persons prohibited from possession of a firearm, such as felons and those convicted of domestic violence. The GCA bars a firearm dealer from selling shotguns and rifles (long guns) to those under 18 years of age and handguns to those under 21 years of age. Under its Brady Act amendments, it set up the National Background Check System (NICS) and a minimum waiting period to allow background checks to occur.<\/p>\r\n

State Law<\/h3>\r\n

Federal law provides a baseline for firearm regulation. It provides a floor that states cannot go below. Typically, state gun laws<\/a> provide additional regulations that balance protecting the public from gun violence with the rights of gun owners. This can appear in state-issued waiting periods, registration requirements, concealed carry permitting, and further prohibitions on who may own, possess, or use a firearm.<\/p>\r\n

Minnesota Gun Control Laws<\/h3>\r\n

Minnesota gun laws do not require the registration of firearms. A citizen can purchase traditional rifles and shotguns without a permit. Purchase of a handgun, however, requires a valid permit that will include a criminal background check. Likewise, the purchase or transfer of a pistol or a semi-automatic military-style assault weapon will require completing a purchase\/transfer permit. <\/p>\r\n

Applicants for a gun permit in Minnesota<\/a> must undergo a criminal background check through the Minnesota Crime Information System and the National Instant Criminal Background Check System<\/a> or NICS. Those seeking to purchase a firearm may seek a permit from their local police chief or county sheriff.<\/p>\r\n

Minnesota also requires a gun permit to carry a gun in public. A permit to carry constitutes a permit to purchase as well, so you do not have to seek two permits in that circumstance. Minnesota’s regulatory scheme makes it a "shall issue" state. This means that the state has objective criteria for eligibility. If a person meets the criteria, then the government shall issue the permit. Issuance does not occur at the subjective discretion of the police chief or sheriff. <\/p>\r\n

In general, you need a permit to carry a firearm in a motor vehicle and must transport it unloaded and under safe storage regulations.<\/p>\r\n

There are some situations where a permit to carry is not required, such as:<\/p>\r\n