A Minnesota Criminal Defense Lawyer Explains What a § 609.666 Charge Means for You
You never thought a simple mistake, an oversight, could land you in this position. But now you’re staring down a criminal charge for Negligent Storage of Firearms in Minnesota. The accusation itself feels like a judgment on your character, your responsibility as a gun owner, and even your fitness as a parent or guardian. You might be feeling a mix of confusion, anger, and fear. Perhaps the situation is a complete misunderstanding. Maybe you took precautions you believed were adequate, or perhaps a child gained access to your firearm through no fault of your own. The law in this area can be complex, and law enforcement can be quick to lay charges without understanding the full context of your situation. You’re worried about what this means for your future, your right to own firearms, and your family. The weight of a criminal conviction can be crushing, threatening your job, your reputation, and your peace of mind. But it’s crucial to remember this: an accusation is not a conviction. The prosecution has a story they want to tell, but it may not be the whole story. You don’t have to face this daunting process alone. As a dedicated Minnesota criminal defense attorney, I’ve stood beside people from all corners of this state—from the bustling streets of Minneapolis and St. Paul to the quieter communities in Rochester, Duluth, and St. Cloud—and helped them navigate the intimidating legal system. I understand what’s at stake, and I am here to help you build a powerful defense and fight for your rights.
What Does “Negligent Storage of Firearms” Actually Mean in Minnesota?
When you’re charged under Minnesota Statute § 609.666, the prosecution is accusing you of more than just being a gun owner. They are claiming you were careless in a way that endangered a child. In simple terms, a “Negligent Storage of Firearms” charge alleges that you left a loaded firearm in a place where you should have known a child was likely to find it, without taking reasonable steps to secure it. This law isn’t about punishing responsible gun ownership; it’s aimed at preventing tragic accidents. However, the definition of “negligent” and “reasonable” can be highly subjective, leaving a lot of room for debate and defense.
The core of the issue often comes down to what you knew and what you did. The state will try to prove that you consciously disregarded a substantial and unjustifiable risk. Common scenarios that lead to these charges range from leaving a loaded handgun on a nightstand in a home with young children to keeping a shotgun in an unlocked closet that a teenager could easily access. It’s important to understand that the law doesn’t require a child to actually get their hands on the firearm or for anyone to be harmed. The simple act of creating the potential for access is enough to trigger a charge. If you’re facing a negligent storage accusation in Hennepin County, Ramsey County, or anywhere else in Minnesota, it is vital to scrutinize the specific details of your case.
Minnesota Law on Negligent Storage of Firearms — Straight from the Statute
The legal foundation for the charge you are facing is found in Minnesota Statute § 609.666. Understanding the precise language of the law is the first step in building your defense. The statute outlines exactly what the prosecution must prove beyond a reasonable doubt for a conviction.
Here is the exact language of the relevant portions of the statute:
609.666 NEGLIGENT STORAGE OF FIREARMS.
Subdivision 1. Definitions. For purposes of this section, the following words have the meanings given.
(a) “Firearm” means a device designed to be used as a weapon, from which is expelled a projectile by the force of any explosion or force of combustion.
(b) “Child” means a person under the age of 18 years.
(c) “Loaded” means the firearm has ammunition in the chamber or magazine, if the magazine is in the firearm, unless the firearm is incapable of being fired by a child who is likely to gain access to the firearm.
Subd. 2. Access to firearms. A person is guilty of a gross misdemeanor who negligently stores or leaves a loaded firearm in a location where the person knows, or reasonably should know, that a child is likely to gain access, unless reasonable action is taken to secure the firearm against access by the child.
Subd. 3. Limitations. Subdivision 2 does not apply to a child’s access to firearms that was obtained as a result of an unlawful entry.
Breaking Down the Legal Elements of Negligent Storage of Firearms in Minnesota
To convict you of Negligent Storage of a Firearm, the prosecutor must prove several distinct elements of the crime. Think of these as boxes they must check in the minds of a judge or jury. If they fail to prove even one of these elements beyond a reasonable doubt, they cannot secure a conviction. My job is to challenge their evidence at every turn and show where their case falls short.
- Loaded Firearm: The prosecutor must first establish that the firearm in question was “loaded” as defined by the statute. This means there was ammunition in the chamber or in a magazine that was inserted into the firearm. However, the law provides an exception if the firearm was somehow incapable of being fired by the child who might gain access. This could involve a complex trigger lock, a malfunctioning firing pin, or other mechanical features that would prevent a minor from operating it. We will meticulously examine the condition of the firearm and the ammunition to determine if this element is truly met.
- Negligent Action: This is the heart of the prosecution’s case. They have to prove that you “negligently” stored or left the loaded firearm. Negligence here means you failed to exercise the level of care that a reasonably prudent person would under similar circumstances. It’s not enough that a child could access the gun; the state must show your actions created a foreseeable risk and that you deviated from a reasonable standard of care. We will work to demonstrate that your actions were, in fact, reasonable under the circumstances you were facing at that moment.
- Knowledge of a Child’s Likely Access: The prosecution must prove that you knew, or “reasonably should have known,” that a child was likely to gain access to the firearm’s location. This element is not automatic. Did you know children would be in your home in Plymouth? Was it foreseeable that a teenager in Maple Grove would search a specific, hidden location? Your knowledge and the foreseeability of a child’s presence and actions are critical. If the child’s presence was unexpected or their ability to access the location was highly improbable, this element may not be satisfied.
- Failure to Take Reasonable Action: Finally, the state has to show that you did not take “reasonable action to secure the firearm.” This is a crucial point of contention. What constitutes “reasonable action”? A locked safe is certainly reasonable, but so might be a trigger lock, a cable lock, or storing the firearm in a locked container. The law does not mandate a specific method. We will argue that the steps you did take were reasonable and sufficient to secure the firearm against access by a child, challenging the prosecution’s narrow interpretation of what is required of a responsible gun owner.
Penalties for a Negligent Storage of Firearms Conviction in Minnesota Can Be Severe
Don’t let the term “gross misdemeanor” fool you. A conviction for Negligent Storage of Firearms under Minnesota Statute § 609.666 carries significant and lasting penalties that can disrupt your life. The consequences go far beyond a simple slap on the wrist. You need to understand what you are up against so you can make informed decisions about your defense.
Gross Misdemeanor Penalties
In Minnesota, a gross misdemeanor is a serious criminal offense, falling between a misdemeanor and a felony. If convicted of Negligent Storage of Firearms, you face the possibility of up to one year in jail and a fine of up to $3,000. A judge has the discretion to impose either or both of these penalties. Additionally, you could be placed on probation for up to two years, during which you would have to comply with various conditions, such as regular check-ins with a probation officer, random testing, and a prohibition on possessing firearms. These penalties for negligent storage in Minnesota are designed to be a significant deterrent and can have a major impact on your freedom and finances.
What Negligent Storage of Firearms Looks Like in Real Life — Common Scenarios in Minnesota
The language of a statute can be abstract. It’s in the application to real-life situations where the nuances of a negligent storage charge become clear. These accusations often arise from everyday circumstances that take a wrong turn, and they can happen to anyone. Here are some common scenarios that I see in my practice across Minnesota.
The Forgotten Handgun After a Late Night in Minneapolis
Imagine you get home late to your Minneapolis apartment after a long day. You lawfully carry a pistol for personal protection. Exhausted, you take it out of its holster and place it on your nightstand, intending to put it in your safe before bed. You fall asleep, forgetting. The next morning, your young child wanders into your room before you wake up and sees the firearm. A visiting family member sees the child near the gun and calls the police. In this scenario, even with no ill intent, you could be charged. The prosecution would argue that leaving the loaded weapon on the nightstand was negligent and that it was reasonably foreseeable a child in the home could access it.
The Hunting Rifle in the Brooklyn Park Garage
You’re an avid hunter and you’ve just returned to your home in Brooklyn Park from a weekend trip. You bring your hunting rifle inside and lean it against a wall in your garage, planning to clean and properly store it later. Your teenager has friends over, and one of them wanders into the garage and picks up the rifle, thinking it’s unloaded. Even if the gun is not fired and no one is hurt, a neighbor might see the teen with the weapon and report it. The key issues here would be whether leaving the rifle in the garage constituted negligence and if you should have reasonably known your teenager’s friends might gain access to that area.
The “Secure” Closet in a Rochester Home
You live in Rochester and believe you are a responsible gun owner. You keep a loaded handgun on the top shelf of your bedroom closet, which is cluttered and you believe is out of reach of your curious elementary-school-aged child. However, your child climbs the shelving unit one day while you are at work and finds the firearm. A babysitter discovers the situation and alerts the authorities. The prosecution will argue that simply placing the gun on a high shelf is not a “reasonable action” to secure it, especially if the closet is unlocked. Your belief that it was secure will be challenged.
The Firearm in the Center Console in St. Paul
You have a permit to carry and keep a loaded pistol in the center console of your car for protection while driving through St. Paul. You run into a convenience store for a moment, leaving your teenage nephew in the car. He knows where you keep the gun, opens the console, and takes a picture of himself with it to post on social media. Someone sees the post and reports it. In this case, the prosecution will focus on whether you “negligently” left the firearm in a location where you knew a child was likely to gain access, especially since the teen knew of its location. The fact that the car was temporarily unattended could be seen as a failure to secure it.
Legal Defenses That Might Work Against Your Negligent Storage of Firearms Charge
An accusation of negligent storage is not a conviction. The prosecution has the burden of proving every element of the offense beyond a reasonable doubt, and there are powerful defense strategies that can be used to challenge their case. As your attorney, I will meticulously review every piece of evidence—police reports, witness statements, photographs of the scene—to identify the weaknesses in the state’s argument and build a defense tailored to the unique facts of your situation.
We will not let the prosecution’s narrative go unchallenged. Often, the police and prosecutors are quick to judge a situation without understanding the full context. They may overlook crucial details or misinterpret the law. My role is to bring the truth to light and to hold the state to its high burden of proof. Whether it involves demonstrating that your actions were reasonable, that the firearm was properly secured, or that the child’s access was unforeseeable, we will explore every available avenue for your defense.
The Firearm Was Reasonably Secured
One of the strongest defenses is to show that you did, in fact, take “reasonable action” to secure the firearm. The law does not require you to keep your firearm in a thousand-pound safe bolted to the floor. “Reasonable” is a flexible standard that depends on the totality of the circumstances.
- Use of Locking Devices: If you used a trigger lock or a cable lock that was properly installed on the firearm, this is a powerful argument that you took reasonable steps to secure it. Even if a determined teenager was eventually able to defeat the lock, the act of using it demonstrates your intent to prevent unauthorized access.
- Locked Containers: Storing the firearm in a locked glove compartment, a locked case, or a locked bedroom closet could be considered reasonable action. We would emphasize that you took the affirmative step of placing a barrier between the child and the firearm that required a key or a combination to bypass.
- Hiding the Firearm: While not as strong as a physical lock, evidence that the firearm was well-hidden in a location a child would be highly unlikely to discover can contribute to a defense. If the gun was stored in a discreet location that the child found only through an exhaustive and unforeseeable search, we can argue your actions were reasonable.
The Child’s Access Was Not Foreseeable
The prosecution must prove that you knew or reasonably should have known a child was likely to gain access. If the child’s presence or actions were not foreseeable, the state’s case weakens considerably.
- Unlawful Entry: The statute itself provides a specific defense if the child gained access as a result of an “unlawful entry.” If your home was broken into and a child gained access to the firearm during the commission of that crime, you are not criminally liable under this law.
- Unexpected Presence of Children: Perhaps you do not have children and had no reason to believe a minor would be in your home. If a neighbor’s child wandered into your house in Eagan without your knowledge, or a relative showed up unannounced with their kids, we can argue that you had no reasonable expectation that a child would be present and therefore had no duty to secure the firearm in that specific moment.
- Unforeseeable Actions of an Older Child: In cases involving teenagers, we can argue that the teen’s actions were not reasonably foreseeable. For instance, if a 17-year-old in Duluth broke into your locked safe or picked the lock on a secured container, their sophisticated and determined actions may go beyond what you could have reasonably anticipated and guarded against.
The Firearm Was Not “Loaded”
The statute has a very specific definition of “loaded.” If we can show the firearm did not meet this legal definition at the time of the alleged offense, the charges must be dismissed.
- Ammunition Stored Separately: If the ammunition for the firearm was stored in a separate location from the weapon itself, we can argue that the firearm was not loaded. A gun without ammunition in the chamber or an inserted magazine is not a “loaded” firearm under § 609.666.
- Inoperable Firearm: The definition of “loaded” includes an exception for a firearm that is “incapable of being fired by a child who is likely to gain access.” We could present evidence that the firearm was disassembled, had a critical part missing, or had a malfunction that would prevent a child from being able to operate it, thus making it legally not “loaded” for the purposes of this statute.
Challenging the “Negligence” Element
The state must prove you acted negligently. This is a subjective standard, and we can fight back by showing your conduct was reasonable and not a gross deviation from the standard of care.
- Actions of a Prudent Person: We can present a counter-narrative that your actions were in line with what a reasonable and prudent person would do in a similar situation. This might involve demonstrating that you had just brought the firearm into your Maple Grove home and were in the process of securing it when you were interrupted by an emergency.
- Lack of Culpable Mental State: Negligence requires a certain level of carelessness. If your actions were a simple, momentary lapse in judgment under stressful circumstances, we can argue that it does not rise to the level of criminal negligence required for a conviction. We will work to humanize your situation and show that a mistake does not make you a criminal.
Minnesota Negligent Storage of Firearms FAQs — What You Need to Know Now
Will I definitely go to jail for a negligent storage of firearms charge in Minnesota?
Not necessarily. While a gross misdemeanor conviction carries a maximum penalty of one year in jail, it is not a mandatory sentence. A judge will consider the specifics of your case, your prior criminal history, and any mitigating factors. As your attorney, my primary goal is to avoid a conviction altogether. If that’s not possible, I will fight for alternative sentences such as probation, community service, or a fine instead of jail time.
Can a negligent storage of firearms charge be dismissed?
Yes, dismissal is a potential and often achievable outcome. A charge can be dismissed if there is insufficient evidence, if law enforcement violated your constitutional rights during the investigation, or if we can successfully argue that your conduct does not meet the legal definition of the crime. Early intervention by an experienced attorney can significantly increase the chances of getting the charges dismissed before they proceed further in the court process.
Do I need a lawyer for a negligent storage charge in St. Paul?
Absolutely. Facing any criminal charge without legal representation is a significant risk, and a gross misdemeanor is a serious matter. The prosecution has a lawyer on their side whose job is to convict you. You need an advocate on your side who understands the local Ramsey County court system, the prosecutors, the judges, and the specific defenses that are most effective in these cases.
How long does a negligent storage of firearms charge stay on my record in Minnesota?
A criminal conviction in Minnesota is public information and will stay on your record permanently unless it is expunged. A gross misdemeanor conviction can create significant barriers to employment, housing, and other opportunities for years to come. This is why fighting the charge aggressively from the outset is so critical. An expungement is a separate legal process that may be available years after your case is closed, but avoiding the conviction in the first place is always the best strategy.
What if the child who accessed the gun was my own teenager?
The law applies regardless of your relationship to the child. The state can and will prosecute parents and guardians if they believe the elements of the statute are met. While it can be an emotionally charged situation, the legal standard remains the same. We would focus on the foreseeability of your teenager’s actions and the reasonableness of your storage methods.
I have a permit to carry. Does that affect my case?
While your permit to carry shows you have met the state’s requirements to carry a firearm, it is not a defense to a negligent storage charge. The state will argue that with the right to carry comes the responsibility to store your firearm safely. However, we can use your status as a permit holder to help demonstrate that you are a responsible individual who understands firearm safety, which can be a valuable part of the overall narrative of your case.
What is considered a “reasonable action” to secure a firearm in Minnesota?
There is no single legal definition of “reasonable action.” The law is intentionally flexible. A gun safe is generally considered reasonable, as are trigger locks and cable locks. Storing a firearm in a locked container or a locked room can also be considered reasonable. The key is to demonstrate that you took a deliberate step to create a barrier to access by a child. The specific facts of your case in Bloomington, for example, will determine what we argue was reasonable under those circumstances.
What if the firearm was unloaded, but the ammunition was nearby?
The statute specifies that the firearm must be “loaded,” meaning ammunition is in the chamber or in a magazine that is in the firearm. If the firearm was unloaded, even if ammunition was stored next to it, you should not be convicted under this specific statute. The prosecution would have to prove the firearm met the strict legal definition of “loaded” to proceed with the charge.
The police want to question me. What should I do?
You should never speak to the police about a criminal investigation without your attorney present. You have the right to remain silent, and you should exercise it politely. Anything you say can and will be used against you. Simply state, “I am going to remain silent, and I would like to speak with my lawyer.” Then, contact me immediately.
Can I lose my right to own firearms if convicted?
A gross misdemeanor conviction in Minnesota for negligent storage of a firearm does not automatically result in a lifetime ban on possessing firearms under state law. However, a judge can order you not to possess firearms as a condition of your probation. Additionally, any criminal conviction can have future implications for your Second Amendment rights, especially if you have other offenses on your record.
What if the “child” was 17 years old?
The law defines a “child” as anyone under the age of 18. Therefore, the statute fully applies to situations involving teenagers up to their 18th birthday. In cases involving older teens, the defense will often focus more heavily on whether the teen’s actions in accessing the firearm were truly foreseeable.
My case is in Hennepin County. Is that different from other counties?
While the state law is the same everywhere, the local practices of prosecutors and judges can vary from county to county. An attorney familiar with the Hennepin County court system, its prosecutors, and its specific diversion programs can be a significant advantage. I have experience representing clients throughout the Twin Cities metro and beyond, and I understand how to navigate these local nuances.
What is a “continuance for dismissal”?
A continuance for dismissal (CFD) is a very favorable outcome where you agree to certain conditions (like remaining law-abiding) for a set period. If you successfully complete the period, the charges are dismissed and do not result in a conviction. This is an outcome I frequently negotiate for my clients in appropriate cases.
Can I be charged if no one was hurt?
Yes. The crime of negligent storage of a firearm does not require anyone to be injured or for the gun to even be fired. The offense is based on the act of creating a dangerous situation where a child is likely to gain access to a loaded firearm. The potential for harm is what the law seeks to punish.
How much does it cost to hire a lawyer for this type of case?
The cost of legal representation can vary depending on the complexity of your case. I offer a straightforward, flat-fee structure for my services, so you will know the exact cost upfront with no hidden fees or surprises. During our initial consultation, we can discuss the specifics of your case and the corresponding legal fee. Investing in a strong legal defense is an investment in your future.
What a Negligent Storage of Firearms Conviction Could Mean for the Rest of Your Life
A gross misdemeanor conviction is a public record that can follow you for years, creating obstacles you never anticipated. The formal penalties of jail time and fines are only the beginning. You need to be aware of the collateral consequences—the hidden penalties that can impact your life long after your case is closed.
Your Criminal Record and Future Employment
In today’s competitive job market, most employers conduct background checks. A conviction for negligent storage of a firearm can be a significant red flag for potential employers, especially for positions that involve trust, responsibility, or working with children. You may be automatically disqualified from certain jobs in education, healthcare, or law enforcement. This conviction could limit your career options and earning potential for the rest of your life. Life after a negligent storage conviction in Minnesota can be challenging, and protecting your clean record is paramount.
Loss of Housing and Educational Opportunities
Landlords and apartment complexes frequently run background checks on prospective tenants. A criminal conviction on your record can lead to your rental application being denied, making it difficult to find safe and affordable housing for you and your family. Similarly, some colleges and universities may consider criminal convictions in their admissions process, potentially jeopardizing your educational goals.
Restrictions on Your Second Amendment Rights
While a single gross misdemeanor conviction in Minnesota may not result in a lifetime ban on owning firearms, it can certainly complicate your rights. A judge can, and often will, prohibit you from possessing firearms while you are on probation, which can last up to two years. Furthermore, any criminal conviction could be used against you in the future if there are legislative changes to firearm ownership laws. Protecting your Second Amendment rights starts with fighting the criminal charge you face today.
Immigration Consequences
If you are not a United States citizen, any criminal conviction can have devastating consequences for your immigration status. While a single misdemeanor-level offense may not automatically lead to deportation, it can create significant problems for renewing a visa, applying for a green card, or becoming a naturalized citizen. A conviction for a crime involving firearms can be viewed very seriously by immigration authorities. It is crucial to have a criminal defense attorney who understands these risks.
Why You Need a Tough, Experienced Minnesota Negligent Storage of Firearms Attorney
When the full weight of the state is bearing down on you, you cannot afford to face it alone. The choice you make for legal representation is one of the most critical decisions you will ever make. You need more than just a lawyer; you need a dedicated advocate who will stand between you and the prosecution and fight tirelessly for your rights and your future.
The Advantage of a Dedicated Private Attorney
Public defenders are hardworking and dedicated, but they are often overwhelmed with crushing caseloads, leaving them with very little time to devote to any single case. They may not have the resources or the time to conduct a thorough investigation, interview witnesses, or file crucial legal motions. As a private criminal defense attorney, I deliberately limit my caseload so I can give your case the personal attention it deserves. I will be the one answering your calls, appearing with you in court, and personally building your defense strategy from the ground up. You are not just another file on my desk; you are my client, and your future is my priority.
How Fast Action Can Change Everything
The most critical window in a criminal case is often the first few days and weeks after an arrest or charge. By hiring an attorney immediately, you give me the opportunity to get involved before the prosecution has solidified its case against you. I can contact the prosecutor to present your side of the story, point out weaknesses in their evidence, and potentially convince them to drop the charges altogether or offer a favorable pre-charge resolution. Acting quickly can make the difference between a minor legal issue and a full-blown criminal prosecution that threatens your freedom and your future.
Understanding the Local Courts Across Minnesota
Navigating the criminal justice system is not just about knowing the law; it’s about knowing the people and the procedures in the specific court where your case is being heard. I have represented clients in courtrooms across Minnesota, from the Hennepin County Government Center in Minneapolis and the Ramsey County Courthouse in St. Paul to the local courts in Rochester, Duluth, Brooklyn Park, and Plymouth. I understand the tendencies of local prosecutors and the expectations of the judges. This local knowledge allows me to tailor a defense strategy that is most likely to succeed in your specific jurisdiction.
Building a Case That Gets Results
My approach is proactive and aggressive. I don’t wait to see what the prosecutor will do; I start building your defense from day one. This involves conducting an independent investigation, re-interviewing witnesses, analyzing the police reports for errors or constitutional violations, and researching every possible legal angle. My goal is always to achieve the best possible outcome for you, whether that is a full dismissal of the charges, a victory at trial, or a favorable plea agreement that keeps a conviction off your record and protects your future. You are facing a serious charge, and you deserve a serious defense.