1997 Minnesota Statutes

     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 $700, or both. 

    Subd. 1a.    Felony crimes; silencers prohibited; reckless 
 discharge.  (a) 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.    Felony; possession on school property.  (a) 
 Whoever possesses, stores, or keeps a dangerous weapon or uses 
 or brandishes a replica firearm or a BB gun 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) 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 grounds, whether leased or owned by the 
 school; and 

    (ii) the area within a school bus when that bus is being 
 used to transport one or more elementary, middle, or secondary 
 school students. 

    (d) This subdivision does not apply to: 

    (1) licensed peace officers, military personnel, or 
 students participating in military training, who are performing 
 official duties; 

    (2) persons who carry pistols according to the terms of a 
 permit; 

    (3) persons who keep or store in a motor vehicle pistols in 
 accordance with sections 624.714 and 624.715 or other firearms 
 in accordance with section 97B.045; 

    (4) firearm safety or marksmanship courses or activities 
 conducted on school property; 

    (5) possession of dangerous weapons, BB guns, or replica 
 firearms by a ceremonial color guard; 

    (6) a gun or knife show held on school property; or 

    (7) possession of dangerous weapons, BB guns, or replica 
 firearms with written permission of the principal. 

    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 a person, 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.  If the 
 vehicle or building is occupied, the person 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. 

    (b) 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 
 section 15.50, 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. 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.  

    HIST: 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