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2007 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

609.66 DANGEROUS WEAPONS.
    Subdivision 1. Misdemeanor and gross misdemeanor crimes. (a) Whoever does any of the
following is guilty of a crime and may be sentenced as provided in paragraph (b):
(1) recklessly handles or uses a gun or other dangerous weapon or explosive so as to
endanger the safety of another; or
(2) intentionally points a gun of any kind, capable of injuring or killing a human being and
whether loaded or unloaded, at or toward another; or
(3) manufactures or sells for any unlawful purpose any weapon known as a slungshot or
sand club; or
(4) manufactures, transfers, or possesses metal knuckles or a switch blade knife opening
automatically; or
(5) possesses any other dangerous article or substance for the purpose of being used
unlawfully as a weapon against another; or
(6) outside of a municipality and without the parent's or guardian's consent, furnishes a child
under 14 years of age, or as a parent or guardian permits the child to handle or use, outside of the
parent's or guardian's presence, a firearm or airgun of any kind, or any ammunition or explosive.
Possession of written evidence of prior consent signed by the minor's parent or guardian is a
complete defense to a charge under clause (6).
(b) A person convicted under paragraph (a) may be sentenced as follows:
(1) if the act was committed in a public housing zone, as defined in section 152.01,
subdivision 19
, a school zone, as defined in section 152.01, subdivision 14a, or a park zone, as
defined in section 152.01, subdivision 12a, to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both; or
(2) otherwise, including where the act was committed on residential premises within a zone
described in clause (1) if the offender was at the time an owner, tenant, or invitee for a lawful
purpose with respect to those residential premises, to imprisonment for not more than 90 days or
to payment of a fine of not more than $1,000, or both.
    Subd. 1a. Felony crimes; silencers prohibited; reckless discharge. (a) Except as otherwise
provided in subdivision 1h, whoever does any of the following is guilty of a felony and may be
sentenced as provided in paragraph (b):
(1) sells or has in possession any device designed to silence or muffle the discharge of
a firearm;
(2) intentionally discharges a firearm under circumstances that endanger the safety of
another; or
(3) recklessly discharges a firearm within a municipality.
(b) A person convicted under paragraph (a) may be sentenced as follows:
(1) if the act was a violation of paragraph (a), clause (2), or if the act was a violation of
paragraph (a), clause (1) or (3), and was committed in a public housing zone, as defined in section
152.01, subdivision 19, a school zone, as defined in section 152.01, subdivision 14a, or a park
zone, as defined in section 152.01, subdivision 12a, to imprisonment for not more than five years
or to payment of a fine of not more than $10,000, or both; or
(2) otherwise, to imprisonment for not more than two years or to payment of a fine of not
more than $5,000, or both.
    Subd. 1b. Felony; furnishing to minors. Whoever, in any municipality of this state, furnishes
a minor under 18 years of age with a firearm, airgun, ammunition, or explosive without the prior
consent of the minor's parent or guardian or of the police department of the municipality is guilty
of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a
fine of not more than $20,000, or both. Possession of written evidence of prior consent signed by
the minor's parent or guardian is a complete defense to a charge under this subdivision.
    Subd. 1c. Felony; furnishing a dangerous weapon. Whoever recklessly furnishes a person
with a dangerous weapon in conscious disregard of a known substantial risk that the object will
be possessed or used in furtherance of a felony crime of violence is guilty of a felony and may
be sentenced to imprisonment for not more than ten years or to payment of a fine of not more
than $20,000, or both.
    Subd. 1d. Possession on school property; penalty. (a) Except as provided under paragraphs
(c) and (e), whoever possesses, stores, or keeps a dangerous weapon or uses or brandishes a
replica firearm or a BB gun while knowingly on school property is guilty of a felony and may
be sentenced to imprisonment for not more than two years or to payment of a fine of not more
than $5,000, or both.
(b) Whoever possesses, stores, or keeps a replica firearm or a BB gun on school property
is guilty of a gross misdemeanor.
(c) Notwithstanding paragraph (a) or (b), it is a misdemeanor for a person authorized to carry
a firearm under the provisions of a permit or otherwise to carry a firearm on or about the person's
clothes or person in a location the person knows is school property. Notwithstanding section
609.531, a firearm carried in violation of this paragraph is not subject to forfeiture.
(d) As used in this subdivision:
(1) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch or less in
diameter;
(2) "dangerous weapon" has the meaning given it in section 609.02, subdivision 6;
(3) "replica firearm" has the meaning given it in section 609.713; and
(4) "school property" means:
(i) a public or private elementary, middle, or secondary school building and its improved
grounds, whether leased or owned by the school;
(ii) a child care center licensed under chapter 245A during the period children are present
and participating in a child care program;
(iii) the area within a school bus when that bus is being used by a school to transport one
or more elementary, middle, or secondary school students to and from school-related activities,
including curricular, cocurricular, noncurricular, extracurricular, and supplementary activities; and
(iv) that portion of a building or facility under the temporary, exclusive control of a public or
private school, a school district, or an association of such entities where conspicuous signs are
prominently posted at each entrance that give actual notice to persons of the school-related use.
(e) This subdivision does not apply to:
(1) active licensed peace officers;
(2) military personnel or students participating in military training, who are on-duty,
performing official duties;
(3) persons authorized to carry a pistol under section 624.714 while in a motor vehicle or
outside of a motor vehicle to directly place a firearm in, or retrieve it from, the trunk or rear
area of the vehicle;
(4) persons who keep or store in a motor vehicle pistols in accordance with section 624.714
or 624.715 or other firearms in accordance with section 97B.045;
(5) firearm safety or marksmanship courses or activities conducted on school property;
(6) possession of dangerous weapons, BB guns, or replica firearms by a ceremonial color
guard;
(7) a gun or knife show held on school property;
(8) possession of dangerous weapons, BB guns, or replica firearms with written permission
of the principal or other person having general control and supervision of the school or the
director of a child care center; or
(9) persons who are on unimproved property owned or leased by a child care center, school,
or school district unless the person knows that a student is currently present on the land for a
school-related activity.
(f) Notwithstanding section 471.634, a school district or other entity composed exclusively
of school districts may not regulate firearms, ammunition, or their respective components, when
possessed or carried by nonstudents or nonemployees, in a manner that is inconsistent with
this subdivision.
    Subd. 1e. Felony; drive-by shooting. (a) Whoever, while in or having just exited from a
motor vehicle, recklessly discharges a firearm at or toward another motor vehicle or a building
is guilty of a felony and may be sentenced to imprisonment for not more than three years or to
payment of a fine of not more than $6,000, or both.
(b) Any person who violates this subdivision by firing at or toward a person, or an occupied
building or motor vehicle, may be sentenced to imprisonment for not more than ten years or to
payment of a fine of not more than $20,000, or both.
(c) For purposes of this subdivision, "motor vehicle" has the meaning given in section
609.52, subdivision 1, and "building" has the meaning given in section 609.581, subdivision 2.
    Subd. 1f. Gross misdemeanor; transferring a firearm without background check. A
person, other than a federally licensed firearms dealer, who transfers a pistol or semiautomatic
military-style assault weapon to another without complying with the transfer requirements of
section 624.7132, is guilty of a gross misdemeanor if the transferee possesses or uses the weapon
within one year after the transfer in furtherance of a felony crime of violence, and if:
(1) the transferee was prohibited from possessing the weapon under section 624.713 at
the time of the transfer; or
(2) it was reasonably foreseeable at the time of the transfer that the transferee was likely to
use or possess the weapon in furtherance of a felony crime of violence.
    Subd. 1g. Felony; possession in courthouse or certain state buildings. (a) A person who
commits either of the following acts is guilty of a felony and may be sentenced to imprisonment
for not more than five years or to payment of a fine of not more than $10,000, or both:
(1) possesses a dangerous weapon, ammunition, or explosives within any courthouse
complex; or
(2) possesses a dangerous weapon, ammunition, or explosives in any state building within
the Capitol Area described in chapter 15B, other than the National Guard Armory.
(b) Unless a person is otherwise prohibited or restricted by other law to possess a dangerous
weapon, this subdivision does not apply to:
(1) licensed peace officers or military personnel who are performing official duties;
(2) persons who carry pistols according to the terms of a permit issued under section 624.714
and who so notify the sheriff or the commissioner of public safety, as appropriate;
(3) persons who possess dangerous weapons for the purpose of display as demonstrative
evidence during testimony at a trial or hearing or exhibition in compliance with advance notice
and safety guidelines set by the sheriff or the commissioner of public safety; or
(4) persons who possess dangerous weapons in a courthouse complex with the express
consent of the county sheriff or who possess dangerous weapons in a state building with the
express consent of the commissioner of public safety.
    Subd. 1h. Silencers; authorized for law enforcement and wildlife control purposes. (a)
Notwithstanding subdivision 1a, paragraph (a), clause (1), licensed peace officers may use devices
designed to silence or muffle the discharge of a firearm for tactical emergency response operations.
Tactical emergency response operations include execution of high risk search and arrest warrants,
incidents of terrorism, hostage rescue, and any other tactical deployments involving high risk
circumstances. The chief law enforcement officer of a law enforcement agency that has the need to
use silencing devices must establish and enforce a written policy governing the use of the devices.
(b) Notwithstanding subdivision 1a, paragraph (a), clause (1), until July 1, 2011, an
enforcement officer, as defined in section 97A.015, subdivision 18, a wildlife area manager,
an employee designated under section 84.0835, or a person acting under contract with the
commissioner of natural resources, at specific times and locations that are authorized by the
commissioner of natural resources may use devices designed to silence or muffle the discharge of
a firearm for wildlife control operations that require stealth. If the commissioner determines that
the use of silencing devices is necessary under this paragraph, the commissioner must:
(1) establish and enforce a written policy governing the use, possession, and transportation
of the devices;
(2) limit the number of the silencing devices maintained by the Department of Natural
Resources to no more than ten; and
(3) keep direct custody and control of the devices when the devices are not specifically
authorized for use.
    Subd. 2. Exceptions. Nothing in this section prohibits the possession of the articles
mentioned by museums or collectors of art or for other lawful purposes of public exhibition.
History: 1963 c 753 art 1 s 609.66; 1971 c 23 s 66; 1983 c 359 s 89; 1986 c 444; 1990 c 439
s 3,4; 1991 c 279 s 33; 1993 c 326 art 1 s 15-17; 1994 c 576 s 49; 1994 c 636 art 3 s 18-21; 1995
c 186 s 101; 1996 c 408 art 4 s 10; 1998 c 367 art 2 s 22; 2003 c 17 s 2; 2003 c 28 art 2 s 2;
1Sp2003 c 2 art 8 s 10,11; 2004 c 228 art 1 s 72; 2005 c 83 s 1,2; 2005 c 102 s 2

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