Minnesota Road Rage Charges
To the observer of the news cycle, it seems that a serious road rage incident occurs almost weekly, if not daily, in Minnesota. These incidents often involve catastrophic injuries, or the use or display of a gun by one driver against another. According to national statistics, there are over 30 murders annually that are attributable to road rage. Over a recent, seven-year period in the United States, more than 12,000 injuries resulted from road rage incidents. Some writers who follow the subject have noted that serious road rage incidents have increased as states have relaxed their gun laws, allowing for more guns in cars. According to the New York Times, the number of road rage-related shootings has doubled in recent years, leading to road rage charges of varying severity. As of 2022, 35 states allow drivers to carry loaded guns in their cars without first acquiring a permit.
A range of criminal and licensing consequences can stem from a person’s conduct in a road rage incident in Minnesota. These range from non-criminal driver’s license suspensions to very serious criminal charges and imprisonment. Generally speaking, if the road rage incident involves the use or display of a gun, it is likely that the charges will be very serious, with serious consequences if the person is convicted. In this post, we will discuss the laws on firearm possession in cars, and some of the offenses that may stem from the unlawful use or possession of a firearm on Minnesota roads.
Guns in Vehicles in Minnesota
In Minnesota, unless a person has a lawfully-issued permit to carry, they are not permitted to carry a firearm either on their person or within reach in the cabin of their car. Instead, a non-permit-holder is allowed only to transport a firearm, and the transport laws require the firearm to be (1) unloaded and within a gun case designed to contain a firearm; and (2) the case must fully enclose the firearm by being zipped, snapped, buckled, tied, or otherwise fastened, and without any portion of the firearm being exposed. Alternatively, the firearm must be unloaded and contained within the closed trunk of a car. Note the common theme: unloaded!
Notwithstanding the above restrictions, there are certain exceptions for hunting and shooting ranges. Specifically, a person may transport an unloaded and uncased firearm (excluding pistols) (1) in a motor vehicle while at a shooting range where the person has received permission from the owner of the range to shoot; (2) while lawfully hunting on public or private land; or (3) while traveling to or from a site the person intends to hunt lawfully that day or has hunted lawfully that day. These exceptions do not apply to Anoka County, Hennepin County, or Ramsey County, or on any school grounds in the state.
In 2003, Minnesota passed a firearm carry law. The law allows persons to carry a firearm so long as they have successfully applied to do so. Minnesota’s carry law allows a person to carry a loaded firearm on their person, or in their vehicle, or on their person while in their vehicle, among other places. Accordingly, a lawful permit holder may have a firearm on their waist, in a center console, a glovebox, or frankly anywhere in their car.
Guns in Road Rage Incidents
Road rage incidents involving guns have increased dramatically in recent years. In 2021 alone, at least 522 people were shot in road rage-related incidents in the United States. That is the highest number on record for a single year, and more than double the number from three 
years previous. Recent studies have found that having a gun in the car may cause a person to drive more aggressively, including speeding, tailgating, making gestures at other drivers (you can guess which one), or all of the above. When tensions boil over, and one or both drivers have a gun, a serious incident can occur.
Terroristic Threats
The most common gun-related road rage incidents involve the pointing or brandishing of a gun by one driver at or in the direction of another driver. This type of situation usually begins as aggressive driving by one or both parties, sometimes with cat-and-mouse driving behavior over some distance, and culminates in gun-waving. This conduct may, and often does, constitute terroristic threats – a serious felony offense under Minnesota law. Terroristic threats is defined as threatening, directly or indirectly, to commit any crime of violence with the purpose to terrorize another. To “terrorize” means “to cause extreme fear by use of violence or threats.” Several appellate cases have made clear that brandishing a gun, and especially pointing a gun, at another driver, constitutes terroristic threats.
Second-Degree Assault
Second-degree assault is a charge that often accompanies a charge of terroristic threats in a gun-related road rage incident. Second-degree assault is a serious criminal charge that involves the use of a dangerous weapon, whether used or merely displayed in a manner intended to cause fear in another of immediate bodily harm or death. It is important to keep in mind that intent may be proved by circumstantial evidence, including the drawing of inferences from a defendant’s conduct, the character of the assault, and the events occurring before and after the assault. This means that a prosecutor will look at the whole picture, and does not need to merely rely on a particular witness’s version of the events. Say for example that one driver cuts another driver off. The second driver, who was cut off, becomes upset by it and begins to tailgate the first driver. The first driver brake-checks the second driver, who becomes even more upset and pulls up alongside the first driver. At this point, the first driver pulls out his handgun and shows it to the second driver, who calls the police. A prosecutor looking at these events will not look at the moment the gun was drawn as a moment in time, but will look at all of the surrounding circumstances before and after the display of the gun. Who did what and when? Who called the police? What did they say? How did they say it? Does either party have a criminal record? What was the intent of the person who drew the weapon, and how did they display it? These are all questions a prosecutor may ask in deciding whether to file terroristic threats or second-degree assault charges.
Criminal Vehicular Operation & Criminal Vehicular Homicide
We have written extensively on the subject of criminal vehicular operation and criminal vehicular homicide charges. We are including these charges in this post because even though they do not stem from the use of a firearm, they can result from a road rage incident. Criminal vehicular operation and homicide charges are usually premised on a theory that a person was under the influence of alcohol or a drug at the time of an injury or death-causing accident, or that the person, while sober, engaged in driving conduct that constituted “gross negligence,” a form of aggravated negligence beyond the everyday mistake-making that drivers commit. Data shows that people are more likely to engage in road rage behavior, and commit more aggressive driving behavior, if they are under the influence of alcohol or drugs. As a result, road rage may cause a person to engage in driving conduct that results in a serious charge of criminal vehicular operation or homicide.
Road Rage Cases are Defendable
Road rage charges can range significantly depending on the type of conduct at issue. The police and prosecutors may be quick to believe one person’s story over another. In our experience, road rage cases are defendable. There are always two sides to every story, and a person is not automatically in the wrong because they used a firearm to defend their self or others in a road rage incident. Our attorneys take the time and put in the effort to give every client the greatest opportunity for a successful outcome in their case. If you are facing criminal charges stemming from an encounter on the road, please feel free to contact us for a free consultation. You can reach us at 612-767-9643, or by filling out the form below.