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Legal Information: Minnesota

State Gun Laws

Laws current as of December 18, 2023

I am a victim of domestic violence and the abuser has a gun. Is that legal?

Minnesota state law also makes it illegal to own a gun in many other situations. It may be illegal for him/her to have a gun under Minnesota state law if the abuser:

  1. was convicted of a “crime of violence” as defined in MN Statutes § 624.712(5), either as an adult or as a juvenile, either in Minnesota or similar crimes in another state;
  2. was convicted of a crime in another state similar to Minnesota’s crime of domestic assault (subdivision 3) or Minnesota’s assault in the 5th degree (subdivision 3) or was convicted in Minnesota of assault against a family or household member or domestic assault (subdivision 8);
  3. was convicted of a felony;
  4. was convicted of a drug-related misdemeanor or gross misdemeanor;
  5. is an adult or juvenile who was charged with a “crime of violence” as defined in MN Statutes § 624.712(5) and placed in a pretrial diversion program, s/he cannot possess a gun while in the pretrial diversion program;
  6. was convicted in any state of any of the following gross misdemeanors: gang violence, bias assault, false imprisonment, neglect or endangerment of a child, burglary, stalking, setting a spring gun, and riot;
  7. is a user of unlawful drugs;
  8. is a fugitive from justice;
  9. is an undocumented immigrant or who was a U.S. citizen and gave up (renounced) his/her citizenship;
  10. has been dishonorably discharged from the military;
  11. has been convicted of assaulting a family or household member while using a firearm, then s/he can’t possess a gun for the period determined by the trial court judge;
  12. was deemed mentally ill by a judge and committed to a treatment facility or was found incompetent to stand trial or not guilty by reason of mental illness;
  13. was committed by a judge for drug treatment;
  14. is a peace officer who has been informally admitted to drug treatment, unless the head of the treatment facility provides a certificate that the officer is discharged;
  15. is prohibited from having a firearm under federal law;1
  16. has an extreme risk protection order issued against him/her, either an emergency order or one issued after a hearing; or
  17. is specifically prohibited from possessing a firearm in an active order for protection that:
  • instructs the abuser not to harass, stalk, or threaten you, or engage in other conduct that would place you in reasonable fear of bodily injury; and
  • includes a finding, in the judge’s determination, that the abuser represents a credible threat to your physical safety or prohibits the abuser party from using, attempting to use, or threatening to use physical force against you.2

Note: If more than three years have passed without further convictions then a person who falls into categories 2, 4, or 6 may be able to possess a gun at that time. Also, a person’s right to possess a firearm could eventually be given back, or “restored,” by a judge if s/he falls into categories 12 through 14 listed above.3

If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, may restrict an abuser’s right to have a gun. Go to Federal Gun Laws to get more information.

1 MN Statutes § 518B.01(6)(g)
2 MN Statutes § 624.713(1)
3 MN Statutes § 624.713(1), (4)