Charged Under Minnesota Statute § 609.667? A Minnesota Firearms Defense Lawyer Explains What You’re Up Against.
You’re in a tough spot. A situation you never anticipated has now led to serious criminal charges. You might have bought a firearm from a private seller, inherited an old gun, or simply been in the wrong place at the wrong time. Now, you’re staring at a document that says you’ve been charged under Minnesota Statute § 609.667—a law concerning the removal or alteration of a firearm’s serial number. The language is dense, the potential penalties are frightening, and the future feels uncertain. You might feel like the system has already made up its mind about you. Perhaps the firearm wasn’t even yours, or you had no idea the serial number was tampered with. These are not just details; they are the foundation of your defense, and your side of the story needs to be heard loud and clear.
This is a serious felony charge, one that prosecutors in Minnesota pursue aggressively. A conviction could change the course of your life, stripping you of your freedom, your right to own a firearm, and your good name. But a charge is not a conviction. You do not have to navigate this overwhelming process alone. I have defended clients across the entire state of Minnesota, from the bustling courts of Minneapolis and St. Paul to the local jurisdictions in Rochester, Duluth, St. Cloud, and throughout Hennepin, Ramsey, and Olmsted counties. I understand the complexities of these cases and, more importantly, I understand what you are going through. Your first step toward taking back control is understanding exactly what you are facing. This is your life, and building a powerful defense starts now.
What Does Possessing a Firearm with an Altered Serial Number Actually Mean in Minnesota?
In Minnesota, the crime of possessing a firearm with an altered or removed serial number is not about your intent to commit another crime; it’s about the firearm itself. The law, Minnesota Statute § 609.667, makes it a felony to simply possess a gun that has had its identifying marks tampered with. This means that even if you are a law-abiding citizen with no criminal record, finding yourself in possession of such a firearm can lead to severe consequences. The prosecution doesn’t need to prove you were the one who physically scratched off the number; they only need to prove that you knowingly possessed the altered firearm. This creates a dangerous situation for many gun owners, especially those who buy firearms at gun shows or through private sales in cities like Bloomington, Brooklyn Park, or Plymouth.
These “possession” cases often hinge on what you knew and when you knew it. For instance, you could be facing a “Minnesota firearms serial number charge” after a traffic stop in Eagan or Maple Grove where a firearm, purchased legally years ago, is found to have a worn or unreadable serial number. Or perhaps you inherited a collection from a relative and were unaware that one of the pieces was a “ghost gun” without any serial number at all. The accusation itself can feel unfair, turning a responsible gun owner into a felon overnight. This is where a strategic defense becomes critical—challenging the state’s evidence and telling your side of the story.
Minnesota Law on Altering a Firearm Serial Number — Straight from the Statute
The law that governs this offense is clear and unforgiving. The entire case against you will be built around the specific language found in the Minnesota Statutes. Understanding this language is the first step in understanding the challenge ahead.
The controlling statute is Minnesota Statute § 609.667, FIREARMS; REMOVAL OR ALTERATION OF SERIAL NUMBER.
Whoever commits any of the following acts 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) obliterates, removes, changes, or alters the serial number or other identification of a firearm;
(2) receives or possesses a firearm, the serial number or other identification of which has been obliterated, removed, changed, or altered; or
(3) receives or possesses a firearm that is not identified by a serial number.
As used in this section, “serial number or other identification” means the serial number and other information required under United States Code, title 26, section 5842, for the identification of firearms.
Breaking Down the Legal Elements of Altering a Firearm Serial Number in Minnesota
To convict you, the prosecutor must prove several key components, known as “elements,” beyond a reasonable doubt. My job is to dismantle their argument by showing that at least one of these elements cannot be met. We will scrutinize every piece of evidence to find the weaknesses in the state’s case.
- Act: The core of the charge is either the physical act of altering a serial number or, more commonly, simply possessing a firearm that has been altered. For the prosecution to succeed, they must first prove that you either physically tampered with the serial number or that you had possession of the firearm. Possession can be “actual,” meaning it was on your person, or “constructive,” meaning it was in an area under your control, like your car or home in St. Paul. We will challenge the very notion of possession, questioning who had access to the location and whether you were even aware the firearm was there.
- Knowledge: This is often the most critical and contestable element in these cases. The prosecution must prove that you knew the firearm’s serial number was altered, removed, or missing. Simply possessing the firearm is not enough. How can they prove what was in your mind? They will use circumstantial evidence—perhaps you bought the gun for an unusually low price or tried to hide it from law enforcement. My role is to present a counter-narrative, showing that you acquired the firearm legally and had no reason to suspect any alterations, a common scenario for clients in Rochester and Duluth who are unfamiliar with the minutiae of firearms identification.
- Firearm Identification: The statute is specific about what constitutes a “serial number or other identification.” It refers to the markings required under federal law. The prosecution must prove that the firearm in question is one that is legally required to have a serial number and that this specific number was indeed obliterated, removed, changed, or altered. In some cases, very old firearms or custom-built guns may have different identification standards. We will investigate the firearm’s origin, model, and history to determine if the state can even meet this fundamental requirement of the law.
Penalties for a Firearm Serial Number Conviction in Minnesota Can Be Severe
A charge under Minnesota Statute § 609.667 is not a minor infraction; it is a serious felony. The state treats any offense that makes a firearm untraceable with extreme prejudice. A conviction will follow you for the rest of your life, impacting your freedom, finances, and fundamental rights. Understanding the potential penalties is crucial as you prepare for the fight ahead.
Felony Conviction
This offense is a felony. In Minnesota, a felony conviction for altering or possessing a firearm with an altered serial number carries a maximum sentence of up to five years in prison and/or a fine of up to $10,000. While a judge has discretion, and sentencing guidelines may apply, the possibility of significant prison time is very real. Beyond prison and fines, you will also be placed on probation for a period of years, during which your life will be subject to strict supervision, including random searches and restrictions on your movement. The “penalties for altering a firearm serial number in Minnesota” are designed to be harsh, and you need a defense that is tougher.
What Altering a Firearm Serial Number Looks Like in Real Life — Common Scenarios in Minnesota
These charges rarely happen in a vacuum. They often arise from situations that seem innocent or are complicated by other factors. Here are some common scenarios that I see in my practice across Minnesota.
The Private Sale Gone Wrong
You found a handgun for a great price from a private seller you met online or at a gun show in Minneapolis. You did a quick inspection, it seemed fine, and you made the purchase. Weeks later, a routine traffic stop leads to the discovery of the firearm. The officer runs the serial number, only to find it has been scratched off or altered. Now, you are the one facing a felony, even though you were the unknowing buyer.
The Inherited Firearm
A relative passes away, leaving you a small collection of firearms. One of them is an old, seemingly antique pistol that has been in the family for generations. You place it in your safe at your home in a St. Paul suburb. You have no idea that the firearm lacks a serial number, either because it was manufactured before they were required or because it was removed decades ago. If law enforcement discovers this firearm for any reason, you could be charged with possessing a firearm without a serial number.
The “Ghost Gun” Build
You are a hobbyist who enjoys building firearms from kits purchased online, a popular activity for enthusiasts in Duluth and Rochester. You assemble a polymer-frame pistol from an 80% lower receiver, creating what is commonly known as a “ghost gun.” While the act of building the gun for personal use is not illegal in itself under federal law, possessing it in Minnesota without a serial number can put you in direct violation of state statute § 609.667, leading to a felony charge you never saw coming.
The Worn and Unreadable Number
You own a firearm that you’ve had for years. Through regular use, cleaning, and being carried in a holster, the serial number has become worn and difficult to read. During an encounter with law enforcement anywhere from Bloomington to Maple Grove, an officer determines the number is “obliterated.” Even though there was no malicious intent on your part, the state may still charge you, forcing you to prove that the wear and tear was unintentional.
Legal Defenses That Might Work Against Your Firearm Serial Number Charge
Being charged does not mean you will be convicted. The prosecution carries the burden of proof, and there are powerful legal strategies we can use to challenge their case. Every detail matters, and a thorough investigation often uncovers the key to a successful defense. We will build a strategy tailored to the specific facts of your situation, aimed at achieving a dismissal, a reduction of charges, or a not-guilty verdict at trial.
Your defense starts with a simple premise: you are innocent until proven guilty. My job is to hold the state to its high burden of proof and expose the weaknesses in its case. We will not let the prosecution paint you as a hardened criminal. We will tell your story, backed by evidence and aggressive legal arguments, to protect your rights and your future.
Lack of Knowledge
The cornerstone of many defenses to altering a firearm serial number in Minnesota is proving you did not know the serial number was altered. The state must prove your mental state, which is incredibly difficult.
This defense is particularly strong in certain situations. We will argue this defense by demonstrating that:
- You were an innocent purchaser. You bought the firearm from what you believed to be a legitimate source and had no reason to suspect the serial number was tampered with. We can use receipts, witness testimony from the seller, or your history as a responsible gun owner to support this.
- The alteration was not obvious. The scratch, mark, or alteration was so minor or well-hidden that a reasonable person would not have noticed it upon inspection. We may use expert analysis to show that the tampering was not readily apparent.
- You had no motive to possess an untraceable weapon. You are a law-abiding citizen with a clean record. We will present you as such, making the prosecutor’s claim that you knowingly possessed a criminal tool seem illogical and unfair.
Lack of Possession
You can’t be guilty of possessing something if you didn’t actually possess it. The prosecution must prove you had control over the firearm. This is a key strategy when the firearm is found in a shared space.
We can challenge the state’s claim of possession by arguing that:
- The firearm was in a shared vehicle or residence. If the gun was found in a car with multiple passengers or a home with several residents in cities like Plymouth or Eagan, we can argue that the firearm belonged to someone else and you had no knowledge of its presence or its altered state.
- Your connection to the firearm is weak. Perhaps your fingerprints are not on the weapon, or there is no other evidence directly linking you to it besides your proximity. We will highlight this lack of direct evidence to create reasonable doubt.
- You were momentarily holding the firearm for someone else. You may have briefly held the weapon without knowing its illegal nature. In this case, we argue that you did not have sufficient control or “possession” in the legal sense.
The Firearm Is Not What the State Claims
The statute has a specific definition of “firearm” and “serial number.” If the item in question doesn’t fit the legal definition, the charges must be dismissed.
This defense can be effective in cases involving:
- Antique or curio firearms. Some firearms manufactured before a certain date were not required to have serial numbers. We will bring in historical experts and documentation to prove the firearm’s classification and show that it legally falls outside the statute.
- Inoperable devices. If the firearm was incapable of firing a projectile and could not be readily restored to do so, we can argue it does not meet the legal definition of a “firearm” under Minnesota law. This may involve having a firearms expert examine the weapon.
- Unlawful search and seizure. If the police found the firearm by violating your constitutional rights through an illegal traffic stop, an unwarranted search of your home, or other misconduct, we can file a motion to suppress the evidence. If the motion is successful, the firearm cannot be used against you, and the case will likely be dismissed.
Minnesota Firearm Serial Number FAQs — What You Need to Know Now
Will I go to jail for possessing a firearm with an altered serial number in Minnesota?
A conviction for this offense carries a potential sentence of up to five years in prison. However, whether you actually serve time depends on many factors, including the specifics of your case, your criminal history, and the quality of your legal defense. An aggressive defense attorney can argue for alternatives to incarceration, such as probation, or fight for a complete dismissal of the charges. The goal is always to avoid jail time and protect your record.
Can a charge under Minnesota Statute § 609.667 be dismissed?
Yes, absolutely. A charge is merely an accusation. A skilled criminal defense lawyer can get charges dismissed by challenging the evidence, negotiating with the prosecutor, or proving your constitutional rights were violated. For example, if we can show you had no knowledge of the alteration, or if the police conducted an illegal search to find the firearm, a dismissal is a very real possibility. Early intervention is key to increasing the chances of a dismissal.
Do I need a lawyer for a firearm charge in Minneapolis or St. Paul?
Yes. This is a felony charge with life-altering consequences. The legal system in major metropolitan areas like Minneapolis and St. Paul is complex and the prosecutors are experienced. Navigating it without a dedicated legal advocate is extremely risky. You need someone on your side who understands the local courts, judges, and prosecutors and who is prepared to build a powerful defense from day one.
How long does a firearm charge stay on my record in Minnesota?
A felony conviction for altering a firearm serial number will stay on your criminal record permanently in most cases. This can create lifelong barriers to employment, housing, and other opportunities. While expungement (sealing the record) is possible for some offenses in Minnesota, it is a difficult and lengthy process, and not all felonies are eligible. The best approach is to fight the charge aggressively now to avoid a conviction in the first place.
What is the difference between “actual” and “constructive” possession?
“Actual possession” means the firearm was on your person—in your hand, your pocket, or a bag you were carrying. “Constructive possession” is more complicated. It means the firearm was in a place you had control over, such as the glove box of your car or a nightstand in your bedroom, even if you weren’t physically touching it. Prosecutors often use constructive possession theories to charge people, but they can be difficult to prove.
I didn’t know the gun was in my car. Is that a defense?
Yes, it can be. This is a “lack of possession” defense. If you were unaware of the firearm’s presence in your vehicle, you cannot be legally considered to be in possession of it. This often arises when you have passengers or have lent your car to someone else. We would work to gather evidence showing the firearm belonged to another person.
What if I bought the gun legally from a friend?
This is a common scenario. Even if you bought the firearm from someone you trust, you can still be charged if the serial number is altered. However, the fact that you acquired it in what you believed to be a legitimate transaction is a powerful part of your defense. It helps us argue that you had no knowledge of the alteration and no criminal intent.
Can I still own guns if I’m convicted?
No. A felony conviction in Minnesota will result in a lifetime ban on possessing firearms and ammunition under both state and federal law. This is one of the most severe collateral consequences of a conviction under this statute. Protecting your Second Amendment rights is a primary goal of our defense.
What is a “ghost gun”?
A “ghost gun” is a firearm that lacks a serial number because it was assembled from parts, often from an “80% receiver” or frame kit. While building these firearms for personal use is not inherently illegal, possessing them in Minnesota can lead to charges under Statute § 609.667 because they do not have a serial number. This is a legal gray area that requires a knowledgeable defense.
The serial number was just old and worn. Can I still be charged?
Yes. A police officer or prosecutor might interpret a worn serial number as “obliterated.” In these cases, our defense would focus on proving that the wear was due to age and normal use, not intentional alteration. We may use a firearms expert to testify about the condition of the weapon and how such wear occurs naturally over time.
What if I was the one who altered the serial number?
If you physically altered the serial number yourself, the case is more challenging, but you are not without a defense. We would immediately scrutinize the state’s evidence to see if they can actually prove it was you who did it. Furthermore, we would examine the circumstances. Were you under duress? Was there a reason for your actions that, while not a complete excuse, could mitigate the penalties?
Is this charge a federal crime?
Yes, possessing a firearm with an altered or obliterated serial number can also be a federal crime. While Minnesota will likely prosecute you under the state statute, there is always a possibility of federal charges, which often carry even harsher penalties. A strong defense in state court can often prevent federal authorities from getting involved.
How much does a good criminal defense lawyer cost?
The cost of legal representation varies depending on the complexity of your case. However, you should view this as an investment in your future. The cost of a conviction—in terms of fines, lost income, and the inability to find a good job—is far greater than the cost of a strong legal defense. I offer a clear fee structure and will discuss it with you upfront.
What should I do if I’m being investigated for this crime?
Do not speak to the police without a lawyer present. You have the right to remain silent—use it. Anything you say can and will be used against you. Politely decline to answer any questions and state that you wish to speak with an attorney. Then, call a criminal defense lawyer immediately. The sooner I get involved, the more I can do to protect you.
Can you help me if I live in a rural part of Minnesota?
Absolutely. I represent clients throughout the entire state of Minnesota, not just in the Twin Cities metro. Whether you are in Rochester, Duluth, St. Cloud, or any of Minnesota’s 87 counties, I have the experience and willingness to travel to you and defend you in your local courthouse.
What a Conviction for Altering a Firearm Serial Number Could Mean for the Rest of Your Life
A felony conviction is more than just a sentence; it’s a permanent stain on your record that creates a lifetime of obstacles. The consequences extend far beyond the courtroom and can impact every aspect of your future. You are not just fighting to stay out of prison; you are fighting for your future ability to live a normal, productive life.
Permanent Loss of Firearm Rights
For many Minnesotans, the right to own a firearm is a cherished part of their heritage and a means of self-defense. A felony conviction under this statute will result in a lifetime ban on possessing firearms and ammunition. This is not a temporary suspension; it is a permanent loss of your Second Amendment rights. You will be forced to surrender any firearms you currently own and will be barred from ever purchasing, possessing, or even being in the same house as a firearm again. This collateral consequence is often as devastating as the prison sentence itself.
A Criminal Record That Closes Doors
In today’s digital world, a criminal record is easily accessible. Nearly every job application, housing rental form, and educational application asks if you have been convicted of a felony. A “yes” answer often leads to your application being immediately discarded. A conviction for a firearms-related felony can be particularly damaging, as employers and landlords may view you as a significant risk. This can prevent you from securing a good job, finding a safe place to live for you and your family, and pursuing higher education or vocational training.
Professional and Financial Ruin
Beyond general employment, a felony conviction can lead to the loss of professional licenses. If you are a nurse, teacher, commercial driver, or hold any other state-issued professional license, a conviction could lead to its revocation and the end of your career. The financial strain of fines, court costs, and the inability to find work can lead to a cycle of debt and instability. The financial consequences of a conviction for altering a firearm serial number in Minnesota can last for years, if not a lifetime.
Immigration Consequences
If you are not a United States citizen, a conviction for a firearms offense can have dire immigration consequences. It is often considered an “aggravated felony” under federal immigration law, which can lead to mandatory deportation, regardless of how long you have lived in the country or whether you have family here. Even if you are a lawful permanent resident (a green card holder), a conviction could prevent you from ever becoming a U.S. citizen and could result in your removal from the country.
Why You Need a Tough, Experienced Minnesota Firearm Defense Attorney
When the full weight of the state is bearing down on you, you cannot afford to face it alone. The prosecutor assigned to your case handles firearms charges every day. They have the resources of the police and the state crime lab at their disposal. To level the playing field, you need an aggressive, knowledgeable legal advocate who is committed solely to your defense and who has a track record of achieving results in courts across Minnesota.
The Advantage of a Dedicated Private Lawyer
Public defenders are hardworking attorneys, but they are often overwhelmed with massive caseloads, leaving them with little time to dedicate to any single client. They may not have the resources to conduct the in-depth investigation that a serious felony charge demands. As a private criminal defense attorney, I handle a select number of cases so that I can give your situation the full attention it deserves. I will personally handle every aspect of your case, from the initial investigation to courtroom arguments. We will have the resources to hire firearms experts, investigators, and any other professionals needed to build the strongest possible defense.
How Fast Action Can Change the Outcome
The most critical window in a criminal case is often the first few days after an arrest or charge. By taking immediate action, we can get out ahead of the prosecution. I can intervene with investigators before charges are even filed, presenting evidence and arguments that could lead to the case being dropped entirely. We can preserve crucial evidence, interview witnesses while their memories are fresh, and identify constitutional violations that could lead to the suppression of evidence. Waiting only gives the prosecution more time to build its case against you. You need a Minnesota firearms defense attorney in your corner from the very beginning.
Understanding the Local Courts from Minneapolis to Duluth
Every county and city courthouse in Minnesota has its own way of doing things. The prosecutors in Hennepin County may approach a case differently than those in St. Louis County or Olmsted County. The judges in Minneapolis have different tendencies than those in St. Cloud. I have represented clients in courtrooms all across this state. This statewide experience means I understand the local legal landscape, the key players, and the strategies that are most effective in each specific jurisdiction. This local knowledge is an invaluable asset when negotiating with prosecutors or arguing your case before a judge.
Building a Case That Gets Results
My goal is always to achieve the best possible outcome for you. This could mean getting the charges dismissed outright before a trial ever begins. It could mean negotiating a favorable plea agreement to a lesser offense that keeps a felony off your record and keeps you out of jail. It could mean securing a place in a diversion program that results in a dismissal upon completion. And if the prosecution refuses to be reasonable, it means presenting a powerful, persuasive case to a jury and fighting for a not-guilty verdict at trial. We will explore every option and pursue every legal avenue to protect your freedom and your future.