Minnesota Weapons & Firearm Charge Defense

A gun charge in Minnesota can put three things at risk at once: your freedom, your record, and your right to own a firearm. Many of these cases start with a traffic stop, a search of a car, or a gun found in a home shared with other people. If you have been charged, what you do next matters. We answer the phone 24 hours a day, 7 days a week, including holidays.

At Lundgren & Johnson, PSC, we defend people accused of weapons and firearm crimes across Hennepin County and the Twin Cities metro. This page explains the charges, the defenses, and the one point most people get wrong before they call a lawyer.

Common Minnesota Weapons Charges

• Possession by an ineligible or “prohibited” person. Minnesota Statutes section 624.713 lists who cannot possess a firearm, including people convicted of a crime of violence, a controlled-substance offense within the past three years, or domestic violence within the past three years.
• Carrying without a permit. A first offense of carrying a pistol in public without a permit is a gross misdemeanor under section 624.714. A later offense can be a felony.
• Reckless discharge, pointing a firearm, and possession in a school or public building.
• Gun enhancements. A firearm can make another charge, such as assault or a drug crime, far more serious under section 609.11.

Minnesota Gun Law Basics People Ask About

Minnesota is a “shall issue” state for a permit to carry, which means the sheriff must issue the permit if you meet the requirements. But a permit does not cover every situation, and it does not erase a possession bar from a past conviction. One more point surprises many people: Minnesota is not a “stand your ground” state. In a self-defense situation, the law generally expects a person to retreat if they safely can before using deadly force. That rule shapes how these cases are argued.

Is a BB Gun a Firearm in Minnesota?

Not always. In State v. Haywood (2016), the Minnesota Supreme Court held that an air-powered BB gun is not a “firearm” under the felon-in-possession statute, and a later case, State v. Glover (2020), applied that reasoning to section 624.713. That said, carrying a BB gun in a public place can still be a gross misdemeanor under a different statute, section 624.7181. The exact device and the exact charge matter, so it is worth having a lawyer check the statute against your facts.

How a Weapons Charge Can Add Mandatory Prison Time

Some gun cases carry a mandatory minimum sentence. For example, possession of a firearm by a person barred because of a prior crime of violence can trigger a five-year mandatory minimum under section 609.11, and a “certain persons” firearm case can carry a statutory maximum of up to 15 years. Judges rarely impose the maximum, and there are ways to challenge whether the mandatory minimum applies at all. We look at every one of them.

Defenses We Look at First

• An illegal stop, search, or seizure. If the gun was found through an unlawful search, we move to keep it out of the case.
• No knowing possession, especially in shared-car and shared-home cases.
• A valid permit, or a device that does not meet the legal definition of a firearm.
• Whether the mandatory minimum or enhancement was properly charged.

What a Conviction Can Cost You

A weapons conviction can do more than lead to jail or prison. It can end your right to own or possess a firearm, show up on background checks, and create problems with jobs, housing, and professional licenses. Because the stakes reach past the courtroom, it is worth fighting the charge from the start rather than hoping it fades.

What Happens After an Arrest

At the first appearance, the judge reads the charges and sets conditions of release, and the case then moves into the evidence and motions stage. If you were arrested without a warrant and held in custody, the law requires that you be brought before a judge for this hearing within 36 hours of arrest, not counting the day you were arrested, Sundays, or legal holidays. Having a lawyer early helps you avoid saying something that hurts you and gives us time to challenge the search before deadlines pass.

Why Work With Lundgren & Johnson

You work directly with an attorney, not a call center. Our attorneys have more than 30 years of combined criminal defense experience, and we handle weapons cases across the Twin Cities. If your real question is whether you can get your firearm rights back, that is a separate process, and you can read about it on our firearm rights page. If you are under investigation but not yet charged, we can help at that stage too. Our goal in every case is the best result the facts and the law allow.

Frequently Asked Questions

Can I be charged for a gun that isn’t mine?

Yes. If police say you had control over a firearm in a shared car or home, you can face a “constructive possession” charge even if you never touched it. The state still has to prove you knew about the gun and could control it, which is often where the case can be challenged.

I have a permit to carry. Can I still be charged?

Yes. A permit covers carrying a pistol in public, but it does not apply to every weapon or every situation, and it does not undo a possession bar from a past conviction. The facts decide whether the permit helps.

Do you take gun cases after hours or on weekends?

Yes. We answer calls 24 hours a day, 7 days a week, including holidays. Call (612) 767-9643 to speak with our office.

Do you handle weapons cases outside Hennepin County?

Yes. We represent clients across the Twin Cities metro and greater Minnesota. Visit our contact page to reach us.

Charged With a Gun or Weapons Crime in Minnesota?

Call Lundgren & Johnson at (612) 767-9643, any time, to talk with a criminal defense attorney about your options.