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SENTENCING GUIDELINES

Appendix 2. Dangerous Weapons Offense Reference Table

This table is for convenience when applying mandatory sentences (section 2.E) and presumptive sentences (section 2.C). It is not exhaustive.

Presumptive disposition. Commitment.

Presumptive duration. Mandatory minimum or the duration in the appropriate cell on the applicable Grid, whichever is longer.

Attempts and Conspiracies. Mandatory sentences generally apply to attempted offenses under Minnesota Statutes, section 609.17 and conspiracies under Minnesota Statutes, section 609.175. Mandatory minimums are not divided in half. The presumptive duration is the mandatory minimum duration found in statute or one-half of the duration in the appropriate cell of the applicable Grid, whichever is longer. (See section 2.G for more information on convictions for attempts, conspiracies and offenses with the other sentence modifiers.)

Dangerous Weapons - Minnesota Statutes, Section 609.11
StatuteOffensePrerequisite or
Conditions
Minimum
Dura-
tion
609.11, subd. 4Dangerous Weapon
(Other than Firearm)
Weapon is an element of crime or otherwise established1 year and 1 day
609.11, subd. 4Dangerous Weapon
(Other than Firearm) - Subsequent Offense
Current dangerous weapon (other than firearm) offense with prior dangerous weapon (other than firearm) offense
Weapon is an element of crime or otherwise established
36 months
609.11, subd. 5(a)FirearmFirearm is an element of crime or otherwise established36 months
609.11, subd. 5(a)Firearm - Subsequent OffenseCurrent firearm offense with prior firearm offense
Firearm is an element of crime or otherwise established
60 months
609.11, subd. 5(b)Certain Persons not to
have Firearms or Ammunition
Current conviction under Minnesota Statutes, section 609.165, or Minnesota Statutes, section 624.713, subd. 1(2)60 months