Cited for Improper Display of Handgun Ammunition? A Minnesota Lawyer Explains the Rules Under § 609.663
As a firearms or ammunition retailer in Minnesota, you work hard to run a responsible, compliant business. The last thing you expected was to receive a legal citation. You’ve now been cited under Minnesota Statute § 609.663 for the improper display of handgun ammunition. You’re likely frustrated, confused, and worried about what this means for your business, your reputation, and your Federal Firearms License (FFL). You’re a law-abiding business owner, not a criminal, but you’re facing a legal process that can be intimidating and time-consuming. You want to know what you’re up against and how to protect the business you have built.
You don’t have to navigate this citation alone. I am a Minnesota attorney who works with firearms retailers and business owners across the state, from large sporting goods stores in the Twin Cities metro area like Minneapolis, St. Paul, and Bloomington, to local gun shops in Rochester, Duluth, and St. Cloud. I understand the complex web of regulations you face and the stress that comes with any allegation of a violation. While it is crucial to understand that a citation under this specific law is for a petty misdemeanor—which is not a crime in Minnesota—it is still a legal matter that must be handled correctly to avoid fines and ensure your business remains in good standing. My goal is to help you resolve this efficiently and provide the guidance to prevent future issues.
What a “Display of Handgun Ammunition” Citation Actually Means in Minnesota
When you receive a citation for violating Minnesota’s law on the display of handgun ammunition, the state is not accusing you of a serious crime. Instead, they are alleging a regulatory violation. This law is designed to prevent minors under the age of 18 from having direct, unsupervised access to certain types of ammunition in a retail setting. The focus of the law is on public safety and responsible retail practices. A citation under this statute means an officer believes that your store’s layout or merchandising allowed a minor to physically pick up specific ammunition without employee supervision.
The law targets “centerfire metallic-case handgun ammunition.” It does not apply to all types of ammunition, most notably excluding ammunition suitable for big game hunting. This violation is about how products are displayed on your shelves, end-caps, or other areas accessible to the public. It’s a compliance issue that, while minor in the grand scheme of criminal law, can be a significant headache for a business owner. Understanding the precise details of what is and is not allowed is the key to resolving your current citation and ensuring future compliance.
Minnesota Law on Display of Handgun Ammunition — Straight from the Statute
The legal rule you are accused of violating is found in Minnesota Statute § 609.663. This short statute sets out the specific requirements for ammunition retailers. Reading the exact language is the best way to understand your obligations and the available defenses, as it clearly defines what is prohibited and, just as importantly, what is permitted.
Here is the specific language of the law:
609.663 DISPLAY OF HANDGUN AMMUNITION.
It is a petty misdemeanor to display centerfire metallic-case handgun ammunition for sale to the public in a manner that makes the ammunition directly accessible to persons under the age of 18 years, other than employees or agents of the seller, unless the display is under observation of the seller or the seller’s employee or agent, or the seller takes reasonable steps to exclude underage persons from the immediate vicinity of the display. Ammunition displayed in an enclosed display case or behind a counter is not directly accessible. This section does not apply to ammunition suitable for big game hunting.
Breaking Down the Legal Requirements in Minnesota
To give you a citation under this law, an officer must believe that your display meets a specific set of criteria. This is not a subjective judgment call; it’s based on the clear elements laid out in the statute. By understanding these elements, you can assess the validity of the citation and build a defense. A citation is only valid if the state can prove every single one of these components.
- Centerfire Handgun Ammunition This is the first test. The law is very specific about the type of ammunition it covers. It does not apply to rimfire ammunition (like .22LR), shotshells, or rifle cartridges that are not also commonly used in handguns. If the ammunition in question was exclusively for a rifle or was not centerfire, the statute does not apply. This is a critical factual point that can be used to challenge a citation.
- Directly Accessible to a Minor This is the core of the violation. The ammunition must be displayed in a way that a person under 18 could walk up and physically take it without assistance or interference. The statute explicitly states that ammunition in a locked or enclosed display case or located behind a sales counter is not considered “directly accessible.” The location and setup of your product display are the key pieces of evidence here.
- Lack of Observation or Precaution Even if the ammunition is directly accessible, you are not in violation if you meet one of two conditions. First, if the display is under the observation of you or an employee. This implies a direct line of sight where an employee could intervene. Second, if you take reasonable steps to exclude underage persons from the area. This could include signage, store layout, or other measures that create a “no-minors” zone around the display.
- The “Big Game Hunting” Exception This is a significant and powerful exception. The entire law does not apply to ammunition that is “suitable for big game hunting.” This can include many common and powerful handgun calibers like .44 Magnum, .357 Magnum, or 10mm Auto, which are often used for hunting deer or bear. If the ammunition cited in your case falls into this category, the citation is invalid.
Penalties for a Display of Handgun Ammunition Citation in Minnesota
It is vital to understand the classification of this offense. The penalties for violating this statute are minimal, but that doesn’t mean the citation should be ignored. Handling it properly can save you money and protect your business’s reputation.
Petty Misdemeanor
This offense is classified as a petty misdemeanor. In Minnesota, a petty misdemeanor is a non-criminal offense. The consequences are limited, but specific.
- Maximum Fine: The only penalty is a fine of up to $300.
- No Jail Time: You cannot be arrested or sentenced to any jail time for a petty misdemeanor.
- No Probation: A court cannot place you on probation for this offense.
While the direct penalties are low, responding to the citation correctly is key to ensuring it doesn’t become a larger issue.
What This Violation Looks Like in Real Life — Common Scenarios in Minnesota
A citation for this offense can happen during a routine day of business, often to well-meaning retailers who simply weren’t aware of the specific nuances of this law. An officer may issue a citation based on a brief observation that might not tell the whole story.
The Sporting Goods Store in Bloomington
You manage a large sporting goods store in Bloomington. You have an end-cap display featuring several popular calibers of handgun ammunition, like 9mm and .45 ACP, to attract customers. The display is near the front of the store and not in the direct line of sight of the firearms counter staff. An officer walks in, sees the display, and determines that it is directly accessible to any customer, including a minor, and issues a citation because it is not under direct observation.
The Rural Hardware Store Near St. Cloud
Your family owns a hardware and farm supply store near St. Cloud that also sells firearms and ammunition. You have boxes of .38 Special and .40 S&W ammunition on a shelf in an aisle with other general hardware supplies. While you know most of your customers, you don’t have an employee stationed in that aisle at all times. This setup could be seen as a violation because the ammunition is directly accessible and not constantly under observation.
The Gun Show in Rochester
You are a vendor at a busy gun show at the Mayo Civic Center in Rochester. Your table is crowded, and you have open boxes of various types of ammunition for customers to inspect. An officer observing the show notes that minors are walking through the aisles and could potentially walk up to your table and pick up a box of handgun ammunition while you are busy talking to another customer. This could result in a citation for failing to keep the display under observation in a public space.
A Valid Exception in a Duluth Gun Shop
You run a gun shop in Duluth that caters to hunters. You have a display of .44 Magnum ammunition on an open shelf. An officer new to the area sees this and considers writing a citation. However, you are able to politely point out that .44 Magnum is a very common caliber for deer and bear hunting in Northern Minnesota and is therefore “suitable for big game hunting.” Under the explicit exception in the statute, your display is perfectly legal.
Legal Defenses: How to Fight a Handgun Ammunition Display Citation
Even though a petty misdemeanor is a minor offense, you still have the right to challenge the citation. You should not have to pay a fine for a violation you did not commit. A successful defense is based on showing that your display and retail practices fully complied with the law. We can fight the citation by proving the state cannot establish its case.
The Display Was Not “Directly Accessible”
The prosecutor (in this case, likely a city or county attorney) has the burden of proving the ammunition was directly accessible. We can challenge their definition of this term.
- Behind a Counter or in a Case: The most straightforward defense is proving the ammunition was physically separated from the public. If the ammunition was behind any sales counter—even a low one—or inside any type of glass or plastic case, it meets the statutory definition of not being directly accessible. We can use photographs of your store layout as evidence.
- Reasonable Steps Were Taken: You may have used stanchions, ropes, or clear signage to create a zone around the ammunition display that minors are instructed not to enter. We can argue these actions constitute “reasonable steps to exclude underage persons” and therefore comply with the law.
The Ammunition Was “Under Observation”
This defense focuses on the actions and locations of your staff. The law does not require a dedicated guard for every display.
- Employee Line of Sight: We can demonstrate that the display was in the direct line of sight of a checkout counter, a customer service desk, or the firearms counter. If an employee could reasonably see and supervise the display area as part of their normal duties, we can argue it was “under observation.” Store diagrams and security camera footage can be invaluable here.
- Sufficient Staffing: We can provide evidence that at the time of the alleged violation, your store was sufficiently staffed and that employees were actively monitoring the sales floor, making it unlikely that a minor could have accessed the ammunition without being seen.
The “Big Game Hunting” Exception Applies
This is a powerful, fact-based defense that can end the case immediately. If the citation was written for ammunition that qualifies under this exception, it is invalid.
- Caliber and Intended Use: We will present evidence that the specific caliber of ammunition listed on the citation (e.g., .357 Magnum, 10mm Auto, .44 Magnum, etc.) is commonly and legally used for hunting big game like deer, bear, or hogs in Minnesota.
- Manufacturer’s Designation: We can use the ammunition manufacturer’s own marketing and product descriptions, which often label certain handgun loads as being designed or suitable for hunting applications. This provides strong, third-party validation for our defense.
The Ammunition Was Not Covered by the Statute
A citation can be defeated if the product itself does not match the legal definition in the statute. This is a technical defense that requires careful examination of the product cited.
- Rimfire or Shotshell: The officer may have made a mistake and written a citation for ammunition that is not “centerfire metallic-case handgun ammunition.” If the product was .22LR, a shotshell, or a rifle-only cartridge, the law simply does not apply, and the citation must be dismissed.
- Incorrect Identification: The officer may have misidentified the product. We can present the actual product or sales records to show that what was on display was not the type of ammunition covered by the statute.
Minnesota Handgun Ammunition Display FAQs — What You Need to Know Now
As a business owner, a legal citation of any kind can be a source of questions and concern. Getting clear answers can help you make an informed decision about how to proceed.
Will this citation give me a criminal record?
No. In Minnesota, a petty misdemeanor is a non-criminal offense. A conviction for this will not appear on a standard criminal background check. While a record of the citation will exist in the court system, it is not considered a “crime” and does not carry the stigma of a criminal record.
Do I have to go to court for this?
It depends on how you want to handle it. You can simply pay the fine listed on the citation, which is an admission of guilt. Or, you can choose to contest it. If you contest it, you or your attorney will need to appear in court. Often, an attorney can appear on your behalf so you do not have to close your business or take time away from work.
Can this citation affect my FFL?
It is highly unlikely. The ATF is primarily concerned with federal laws and regulations. A single, state-level, non-criminal petty misdemeanor citation for a display issue is generally not something that would trigger an FFL revocation or other action from the ATF, especially if the issue is corrected promptly. However, a pattern of repeated violations of any state law could draw unwanted attention.
What is the maximum fine I would have to pay?
The maximum fine for any petty misdemeanor in Minnesota is $300, plus court costs and fees.
Is it worth hiring a lawyer for a petty misdemeanor?
For many business owners, the answer is yes. While the fine is small, the value of hiring an attorney lies in saving you time and hassle. An attorney can often handle the entire matter without you ever having to step foot in a courtroom. We can fight to get the citation dismissed, saving you the fine and keeping your business’s record completely clean.
What exactly is “centerfire” ammunition?
Centerfire ammunition has a primer located in the center of the cartridge case head. This is distinct from rimfire ammunition (like .22LR), where the priming compound is in the rim of the case. Most common handgun calibers (9mm, .40, .45 ACP, .38 Special) are centerfire.
How do I prove ammunition is for “big game hunting”?
We can use hunting regulations, manufacturer specifications, and articles from hunting and firearms publications to show that a specific handgun caliber is recognized and used for hunting large animals. This is a common-knowledge standard among those in the hunting community.
What are “reasonable steps” to exclude minors?
This is a flexible standard. It could include clear signage such as “Ammunition Display – Must Be 18 to Enter This Area.” It could also involve arranging your store so that the ammunition display is in a separate, clearly marked section that is not part of the main traffic flow for general customers.
Does this law apply to my online sales?
No. This statute specifically governs the physical “display” of ammunition “for sale to the public” in a retail setting. It does not apply to online sales where products are not physically accessible. However, other state and federal laws govern the sale and shipment of ammunition.
Can an employee under 18 handle ammunition?
Yes. The statute explicitly states that the access rule does not apply to “employees or agents of the seller.” This means your employees, even if they are under 18, can legally access and handle the ammunition as part of their job duties.
My whole store is under video surveillance. Is that “under observation”?
It could be. We could argue that a comprehensive, high-quality video surveillance system that is actively monitored by an employee (even from a back office) constitutes observation. The key would be showing that the surveillance is active, not just passive recording.
Can police just walk into my store and look for violations?
Yes. As a retail business open to the public, police officers can enter your store just like any other customer and observe anything in plain sight. They do not need a warrant to observe your public product displays.
If I’m cited, should I change my display immediately?
Yes. Correcting the alleged violation immediately is the most responsible thing to do. It shows the court and the prosecutor that you take compliance seriously, which can be very helpful in negotiating a dismissal of the citation. Take photos of the old display and the new, compliant display.
What if a minor was with their parent?
The law prohibits access to “persons under the age of 18 years.” The presence of a parent does not negate the rule if the display itself is non-compliant. The safest practice is to ensure the display complies with one of the exceptions (in a case, behind a counter, under observation, etc.) at all times.
Can I just ignore the citation?
No. Ignoring a citation will lead to a default judgment against you for the maximum fine. It could also potentially lead to a warrant for failing to appear in court or respond to a summons, which would escalate a minor issue into a much more serious one.
What a Citation Could Mean for Your Business
While a petty misdemeanor is not a crime, a citation is still a legal issue that can have consequences for a business owner. The primary impact is not on your personal freedom, but on your business operations, finances, and reputation.
Financial Cost
The most direct consequence is the financial one. You face a fine of up to $300 plus court fees. If you choose to hire an attorney, there is a cost for legal representation. While relatively small, these are unnecessary expenses that can be avoided by winning your case or preventing the citation in the first place.
The Hassle of Court
Your time is valuable. Having to appear in court means taking time away from running your business. It’s a distraction and a hassle that pulls you away from serving your customers and managing your operations. Hiring an attorney can often eliminate this burden entirely.
Risk of Repeated Citations
A single citation can serve as a warning. If you do not correct the underlying issue, you could face repeated citations over time. A pattern of non-compliance, even with minor regulations, could attract unwanted attention from local authorities or licensing bodies and could potentially be used to argue for a higher fine in future cases.
Protecting Your Business’s Reputation
As a firearms retailer, you are held to a high standard in your community. You want to be known as a responsible, professional, and compliant business. A citation, even for a minor issue, can be a mark against that reputation. Fighting the citation and winning, or demonstrating that you take compliance seriously, is important for maintaining the trust of your customers and the community.
Why You Need a Minnesota Attorney for Your Business Citation
You might ask yourself if it’s worth hiring a lawyer for a non-criminal citation with a maximum $300 fine. For a responsible business owner, the answer is often a resounding yes. The goal is not to avoid jail time, but to protect your business, your time, and your money in the most efficient way possible.
Saving You Time and Hassle
As a business owner, your time is your most valuable asset. Going to court means lost hours and lost revenue. In most petty misdemeanor cases, I can handle everything for you. I can file the necessary paperwork and appear in court on your behalf, so you can stay focused on running your business without interruption.
Seeking a Dismissal to Keep Your Record Clean
Why pay a fine if you don’t have to? I will thoroughly analyze the citation and the facts of your case to find the best defense. Whether the ammunition was for big game hunting, was properly observed by your staff, or wasn’t even covered by the statute, I will build the case to get the citation dismissed. A dismissal means no fine and a completely clean slate for your business.
Providing Compliance Counseling for the Future
This citation is an opportunity to ensure your business is fully compliant with all state and local regulations. Beyond fighting the current ticket, I can provide you with clear, straightforward legal advice on how to set up your displays and train your employees to avoid any future issues. This proactive counsel is an investment in the long-term health and security of your business.
A Strategic Partner in Protecting Your Livelihood
Your business is your livelihood. A legal citation of any kind is a threat to it. Having an experienced attorney in your corner sends a message that you take your rights and your business seriously. I can communicate with the city or county attorney on a professional level to seek a swift and favorable resolution, protecting your business’s reputation and bottom line.