Know the Laws: Minnesota
UPDATED October 17, 2008
WomensLaw.org strongly recommends that you get help from an organization in your area before proceeding with court action.To find help in your state, please click on the Where to Find Help tab at the top of this page.
- More Information and Where to Get Help
- If my abuser's gun(s) is taken away, what will happen to it?
- Who do I notify if I think my abuser should not have a gun?
- What is the penalty for violating the federal firearm law?
- I do not have an Order for Protection against my abuser, and s/he has not been convicted of a domestic violence misdemeanor or felony; is there anything I can do?
- What will happen if my abuser tries to purchase a gun?
- I received a restraining order through my divorce. Can my ex-spouse own or buy a gun?
- My abuser uses a gun for his job. Does the law still apply?
- What is the legal definition of a gun or firearm?
- I've read through all of this information, and I am still confused. What can I do?
- Guns and Criminal Convictions
- Basic Info
- Guns and Orders for Protection
More Information and Where to Get Help
back to topIf my abuser's gun(s) is taken away, what will happen to it?
If your abuser’s guns are taken away, s/he will be ordered to give them to the local police department or other law enforcement agency.* The agency will inventory the gun(s) and will store it until the order expires.**
If your abuser uses a gun to violate an Order for Protection, the police department in the city where the violation occurs will take the gun and store it in their property room.
* Criminal Justice Intervention, Getting an Order for Protection. www.letswrap.com/legal/ofp.htm
** MN Statutes §629.715, Subd.2
back to topWho do I notify if I think my abuser should not have a gun?
If you think your abuser is violating the federal firearm law, you can call your local police or sheriff department, the State Police, or the Bureau of Alcohol, Tobacco and Firearms (ATF). Let them know that either you have an Order for Protection against your abuser, or your abuser has been convicted of a felony or domestic violence misdemeanor.
You can find contact information for sheriff departments in your area on our MN Sheriff Department Locations & Info page.
There is an ATF field office located in St. Paul. Their contact information is:
U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
St. Paul Field Division
30 East Seventh Street
Suite 1900
St. Paul, MN 55101
(651) 726-0200
www.atf.gov/field/stpaul/index.htm
For reporting illegal firearm activity: 1-800-ATF-GUNS (1-800-283-4867)
A local domestic violence organization in your area may also be able to answer your questions and assist you in talking to the necessary law enforcement officials. To find a shelter or an advocate at a local program, please visit the MN State and Local Programs page under the Where to Find Help tab at the top of this page.
Note: Generally, your abuser does not have to have knowledge of the law in order to be arrested for violating the law. If your abuser has a gun or buys a gun in violation of the law, your abuser can be arrested, whether or not your abuser knows he/she was in violation of the law.*
* United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999).
back to topWhat is the penalty for violating the federal firearm law?
Anyone who owns, has or buys a gun in violation of the federal
firearm law can be punished by a fine, jail time for up to 10
years, or both.*
Under MN state law, any violation of an Order for Protection is
a misdemeanor that can be punished by jail time of up to 90 days,
a fine of up to $1,000, or both as well as an order to participate
in a counseling program chosen by the court.**
The violation is also considered contempt of court, which is punishable
by jail time of up to 6 months, a fine of up to $250, or both.***
Any violation of the firearms prohibition of an Order for Protection
is a gross misdemeanor and can be punished by jail time of up
to 1 year, a fine of up to $3,000, or both.**** Lastly, any violation of an Order for Protection
that involves a dangerous weapon is a felony and can be punished
by jail time of up to 5 years, a fine of up to $10,000, or both.(28)
* 18 USC 924 (a) (2)
** MN Statutes §518B.01, Subd. 14(b)
*** MN Statutes §518B.01, Subd. 14(b); MN Statutes §588.10
**** MN Statutes §518B.01, Subd. 14(b), 18(1)
back to topI do not have an Order for Protection against my abuser, and s/he has not been convicted of a domestic violence misdemeanor or felony; is there anything I can do?
In Minnesota, your abuser is not allowed to buy or have a gun if your s/he has been:
- ordered mentally ill by a judge,
- has been convicted of any crime punishable by jail time of more than one year, or
- any drug-related misdemeanor or gross misdemeanor,
- is a drug addict or an alcoholic, or
- is a fugitive from justice or an illegal alien*
If this is your situation, please talk to someone in your area about how this law is being enforced.
If none of these situations apply, you can still make a plan for your safety. See our Staying Safe page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. To find a shelter or an advocate at a local program, please visit the MN State and Local Programs page under the Where to Find Help tab at the top of this page.
* MN Statutes §624.713
back to topWhat will happen if my abuser tries to purchase a gun?
Before purchasing a gun, all buyers must undergo a criminal background check that is processed through the National Instant Criminal Background Check System (NCIS). If your abuser has a qualifying Order of Protection against him, or has been convicted of a felony or domestic violence crime, those records should be in the NCIS, which should prevent your abuser from buying a gun. Not all states have automated record keeping systems, making it more difficult to process the criminal background check, and some criminals and abusers do slip through the system.
If your abuser is able to purchase a gun, you can alert the police, and ask that his/her gun be taken away. Generally, it is not a good idea to assume that because your abuser was able to buy a gun, it is legal for him to have one. The criminal background check system is not foolproof.
Note: There may also be some loopholes in the law that your abuser can take advantage of. For more information, you can contact a local domestic violence organization in your area. Please visit MN Where to Get Help page to find a lawyer or advocate near you.
back to topI received a restraining order through my divorce. Can my ex-spouse own or buy a gun?
If the language that is used in the restraining order does not specifically restrain the abuser from "physical force involving bodily injury," as required under federal law*, then the federal gun law might not be enforceable, and your ex-spouse may still be able to have a gun.**
* 18 USC 922(g)(8)(c)
** Magoon v. Thoroughgood, No. 2000-834 (N.H. issued July 26, 2002)
back to topMy abuser uses a gun for his job. Does the law still apply?
Maybe. If your abuser is a law enforcement officer, military employee or government employee, then s/he might be able to continue to use their gun for work purposes, but not for personal use.
However, if your abuser has been convicted of a felony or a domestic violence misdemeanor, then under federal law, your abuser cannot buy or have a gun, even if s/he is a police officer or a military employee.*
If you are confused or not sure whether your abuser can still use their gun for work purposes, you can talk to a domestic violence advocate in your area or call the National Center on Full Faith and Credit to find out more information: 1-800-903-0111, ext. 2
To find a shelter or an advocate at a local program, please visit the MN State and Local Programs page under the Where to Find Help tab at the top of this page.
* 18 USC 925 (a)(1)
back to topWhat is the legal definition of a gun or firearm?
A gun or firearm is defined by federal law to mean any weapon that is designed to fire a bullet or other projectile by means of an explosive. A firearm silencer or muffler is also included in the definition of a firearm, as is a destructive device and ammunition.*
The federal definition of a firearm does NOT include antique firearms, which is any firearm manufactured in or before 1898.**
MN state law defines a firearm as any gun that fires a projectile by means of an explosive.***
To read the exact legal definition of a firearm, as it applies to the federal firearms statute, please see 18 USC § 921- Definitions. This law can be found on the US House of Representatives website.
* 18 USC 921(3)
** 18 USC 921(16)
*** MN Statutes §97A.015, Subd.19
back to topI've read through all of this information, and I am still confused. What can I do?
Trying to understand both Federal and State law can be confusing, but there are people out there who can help you better understand the law and your rights under the law.
- You can contact us by writing to our Email Hotline.
- You can contact a local domestic violence organization in your area (See our MN State and Local Programs page for an organization or advocate in your area).
- You can also contact the National Center on Full Faith and Credit to get more information about the federal firearm law and how it applies to you: 1-800-903-0111.