Congdon Law. PLLC.

What Is The Open Carry Law Under Minnesota State Law?


Minnesota is an open carry state, meaning that if you have a permit to carry a firearm, you can carry it without having to conceal it. You’re not required to hide it.

What Is Concealed Carry In Minnesota? What Does That Mean?

Minnesota has the option to either open carry or concealed carry, if you are a firearms permit holder. You can choose to carry where people can see your firearm openly or you can choose to conceal it on your person.

What Does The Minnesota Law Regarding The Duty To Retreat Mean?

If you are out in public, you have a duty to retreat under any circumstances, whether you’re carrying a weapon or not, if you’re able to. If there’s an altercation taking place, you have to try to retreat before you’re be allowed to use deadly force or any sort of increasing force, if you are to try to argue for self-defense later.

What Is The Castle Doctrine?

The Castle Doctrine is an exception to the duty to retreat rule. When you’re in your home, you do not need to try to retreat. You can stand your ground, fight back, and use whatever force is warranted under the circumstances to defend yourself.

When And Where Is It Illegal To Carry Guns In Minnesota?

There are many places where you’re prohibited from carrying firearms in Minnesota. You cannot carry firearms on school grounds or on government property. You can’t have firearms at a private business that has properly posted signs prohibiting the carrying of a firearm on their property.

What Are The Penalties In Minnesota If Convicted Of Carrying A Gun Illegally?

The penalty, if you’re found illegally carrying a gun, are going to vary greatly. If you were carrying a gun and you don’t have any prior criminal history, you may just be facing a gross misdemeanor charge for being in possession without a permit. If you have a prior criminal history, especially prior felonies, you are likely facing a felon in possession of a firearm charge and those can carry up to 15 years in prison. It also depends where you’re carrying. If you’re carrying onto a government property, it’s possible that you could face felony charges just based on the location.

How Could Charges And Penalties Be Enhanced For Carrying Without A Permit Or Under The Influence?

If you’re carrying a gun in public without a permit, the penalties will depend on your prior criminal history and where you were carrying. If you are under the influence while carrying a weapon without a permit, that will become relevant, if you are charged with discharging that weapon or using that weapon in some way. It may negate any defense you had as to the reasonableness of your actions because you were under the influence at the time.

Are Certain Types Of Weapons Completely Illegal Or Banned In Minnesota?

There are weapons that are highly regulated and there are some that are illegal to possess. Many items are highly regulated, such as suppressors for firearms. They need to be federally licensed and documented. If you were found to be in possession of illegal brass knuckles, it may be a misdemeanor or a gross misdemeanor charge. If you’re found to be in possession of an illegal suppressor, that’s most likely a felony charge and could potentially be a federal charge as well.

For more information on Open Carry Law In Minnesota State, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (651) 314-9620 today.

Jennifer Congdon, Esq.

Call For A Free Consultation (651) 314-9620