Many people are unaware that firearm owners are subject to the firearm laws of the state they are in, not their state of residence. Since Minnesota attracts out-of-state hunters, it pays to know the rules, or you might end up needing a Minnesota criminal lawyer.

State vs. Federal Laws Create Confusion

Gun laws regulate the sale, possession, and use of firearms and ammunition in the U.S. Up until a year ago, these laws varied from state to state, and were independent of existing federal firearms laws. But, in June, 2010, the Supreme Court ruled 5-4 that the Second Amendment gives people an individual right to bear arms and that this ruling applies to all 50 states.

The overwhelming view in the legal world had been that the Second Amendment only protected a state’s right to maintain a “well-regulated militia.”

The court emphasized that it was not casting doubt on many kinds of gun regulations, but this ruling leaves many states contemplating a “gray” area open to interpretation.

Fortunately, this ruling does not affect Minnesotans as the Bureau of Criminal Apprehension outlines clearly the statutes relating to your right to purchase and carry a handgun.

Permits to Purchase Handguns

While Minnesota laws are less stringent than 45 other states, it’s wise to be familiar with the requirments of owning or carrying a gun in the state. A permit to purchase a gun does not give you the right to carry a gun which may only be obtained through the State of Minnesota Dept. of Public Safety.

Applicants for permits to purchase handguns must apply in person to the police department in the city in which they live and present a valid Minnesota driver’s license or identification card with their current address. If there is no police department, they must apply to the sheriff’s office in the county in which they reside.

Permits to Carry Handguns

The Minnesota Personal Protection Act (Conceal and Carry) went into effect in 2003. The County Sheriff’s Office is now responsible for issuing all permits in the county in which you reside. Following are requirements and restrictrions:

Requirements

• The county sheriff must either issue or deny a permit within 30 days of the application date.
• New and renewal permits are valid for five (5) years from the date of issuance. Emergency permits are valid for 30 days.
• Landlords may not restrict the lawful carry or possession of firearms by tenants or their guests.
• Private establishments can ban any firearms and must post a notice banning guns on their premises or personally notify patrons that guns are not allowed.

Restrictions

• Must be at least 21 years of age
• Must complete an application form
• Must not be prohibited from possessing a firearm under Minnesota Statute covering criminal background & mental health history check
• Must not be listed in the criminal gang investigation system
• Must be a resident of the county to which one is applying for a permit, if you reside in Minnesota. Non-residents may apply to any Minnesota county sheriff.
• Must present evidence of training in the safe use of a pistol. (Training completed within one year of an original or renewal application.

There are a number of places that prohibit you from concealing or carrying a gun such as K-12 school property. Please visit the Minnesota Dept. of Public Safety website for more detailed information.