A Minnesota Firearms Defense Lawyer Breaks Down Statute § 609.67 and the Fight for Your Future
You are in a serious situation. A weapon you owned, perhaps one you inherited, bought from a collector, or one that was simply in your home, has led to a felony charge under Minnesota Statute § 609.67. You’re now staring down one of the most severe firearm offenses in the state: illegal possession of a machine gun, short-barreled shotgun, or a trigger activator. The words themselves are intimidating, and the penalties are life-altering. You might not have even known the firearm was illegal. Perhaps you believed it was a legal semi-automatic rifle, unaware a previous owner had modified it. Maybe you had a shotgun that was a fraction of an inch too short, turning a legal firearm into a felony weapon without your knowledge.
The prosecution will not care about the misunderstanding. They will paint you as a dangerous individual who knowingly possessed a weapon of war. You’re facing decades in prison, staggering fines, and the permanent loss of your Second Amendment rights. It feels like the system has already convicted you. But you do not have to face this alone. I am a Minnesota criminal defense attorney who has defended clients across the state, from Minneapolis and St. Paul to Rochester, Duluth, and St. Cloud. I understand the technical complexities of these cases and, more importantly, I know how to dismantle the prosecution’s arguments. A charge is not a conviction. Your fight for your freedom, your name, and your future starts now.
What Possessing a Machine Gun or Short-Barreled Shotgun Actually Means in Minnesota
In Minnesota, possessing a “machine gun” or “short-barreled shotgun” isn’t about intent to commit another crime; the mere possession itself is the felony. Under Minnesota Statute § 609.67, the state doesn’t have to prove you planned to use the weapon, only that you owned or possessed it. This creates a trap for many well-meaning gun owners. You could be facing “Minnesota machine gun charges” because you purchased what you thought was a standard AR-15, but it contained an illegal “trigger activator” or conversion kit. Or you might be facing a “short-barreled shotgun accusation” for a firearm you’ve owned for years, never realizing its barrel length fell below the 18-inch legal limit.
These cases often hinge on highly technical definitions and your knowledge of the weapon’s characteristics. Prosecutors in Hennepin County, Ramsey County, and across the state aggressively pursue these charges. You could be arrested after a traffic stop in Bloomington, a search of your home in Plymouth, or based on a report from an ex-spouse in Eagan. The state will leverage the serious nature of these weapons to secure a conviction. Understanding “what is an illegal firearm in Minnesota” and the nuances of the law is the first critical step in building a powerful, strategic defense to protect you from a devastating outcome.
Minnesota Law on Machine Guns and Short-Barreled Shotguns — Straight from the Statute
The entire case against you will revolve around the precise definitions and prohibitions laid out in Minnesota law. It is essential that you understand the exact language the prosecutor will use to try and convict you.
The governing law is Minnesota Statute § 609.67, MACHINE GUNS AND SHORT-BARRELED SHOTGUNS.
Subd. 2. Acts prohibited. (a) Except as otherwise provided herein, whoever owns, possesses, or operates a machine gun, or any trigger activator or machine gun conversion kit may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both.
(b) Except as otherwise provided herein, whoever owns, possesses, or operates a short-barreled shotgun 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.
Subd. 1. Definitions. (a) “Machine gun” means any firearm designed to discharge, or capable of discharging automatically more than once by a single function of the trigger.
…
(c) “Short-barreled shotgun” means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun if such weapon as modified has an overall length less than 26 inches.
Breaking Down the Legal Elements of a Prohibited Firearm Charge in Minnesota
To secure a felony conviction, the prosecutor must prove several key elements beyond a reasonable doubt. My role is to systematically take apart their case, creating doubt and demonstrating that the state cannot meet its high burden. We will scrutinize every detail, from the legality of the police search to the technical specifications of the firearm itself.
- Possession: The state must first prove that you “possessed” the illegal firearm. This can be “actual possession,” meaning it was on your person, or “constructive possession,” meaning you had control over the area where it was found, like your home in Maple Grove or your vehicle. Simply being near a weapon is not enough. We will challenge the state’s evidence of possession, especially in cases where multiple people had access to the location where the firearm was discovered. We will ask: who truly owned and controlled the weapon?
- Knowledge: This is often the most critical battleground in a firearms case. The prosecution must prove that you knew the item you possessed was a machine gun, a short-barreled shotgun, or a prohibited trigger activator. You cannot be convicted for possessing a weapon you reasonably believed was a legal semi-automatic firearm. We will build a case around your lack of knowledge, demonstrating that you are a responsible gun owner who was unaware of the weapon’s illegal modifications or characteristics. This is a powerful defense against an unfair charge.
- The Firearm’s Classification: The weapon must meet the strict legal definition under § 609.67. Is the shotgun barrel actually less than 18 inches? Does the rifle actually fire more than once with a single pull of the trigger? The state must prove this with expert testimony. We can counter with our own firearms expert to challenge the state’s classification, arguing that the weapon does not technically qualify as a machine gun or short-barreled shotgun under Minnesota law, potentially leading to a full dismissal of the charges.
Penalties for a Prohibited Firearm Conviction in Minnesota Can Be Severe
Do not underestimate the gravity of these charges. A conviction under Minnesota Statute § 609.67 is a life-changing event. The state has enacted some of the harshest penalties in the criminal code for these offenses, reflecting a zero-tolerance policy. Understanding the “penalties for machine gun possession in Minnesota” is the first step toward grasping the importance of the fight ahead.
Felony – Machine Gun, Trigger Activator, or Conversion Kit
If you are convicted of owning, possessing, or operating a machine gun, trigger activator, or machine gun conversion kit, you face one of the most serious sentences in Minnesota law outside of homicide. The potential penalties include:
- Up to 20 years in prison.
- A fine of up to $35,000.
- A permanent felony on your record and a lifetime ban on ever owning a firearm again.
Felony – Short-Barreled Shotgun
While still a severe felony, the penalties for possessing a short-barreled shotgun are distinct from those for a machine gun. A conviction for owning, possessing, or operating a short-barreled shotgun carries:
- Up to 5 years in prison.
- A fine of up to $10,000.
- A permanent felony conviction that will strip you of your civil rights, including the right to possess any firearms.
The “Minnesota sentencing for illegal firearms” is designed to be punitive. My job is to prevent these devastating outcomes.
What a Prohibited Firearm Charge Looks Like in Real Life — Common Scenarios in Minnesota
These charges often arise from situations where a law-abiding citizen makes a mistake or is unaware of the highly technical aspects of Minnesota firearms law. Here are some scenarios I have seen play out for clients across the state.
The Inherited Collection
Your grandfather, a veteran, passes away and leaves you his collection of firearms. You store them safely in your home in a suburb like Brooklyn Park. You are not a firearms expert and are unaware that one of the old rifles was modified decades ago to be fully automatic, or that a shotgun in the collection has a barrel that was sawed off. A burglary at your home leads to a police investigation, and you are the one who ends up charged with a felony.
The Private Sale or Gun Show Purchase
You purchase what you believe to be a legal AR-15 from a private seller at a gun show in St. Paul or through an online forum. You are unaware that the seller installed a “binary trigger” or another form of “trigger activator” that allows the weapon to fire on both the pull and release of the trigger. During a traffic stop, an officer inspects the weapon and identifies the illegal modification, leading to your immediate arrest for possessing a machine gun.
The Collector’s Item Misunderstanding
You are a collector of historical firearms and you purchase what you believe is a “curio or relic” short-barreled shotgun that is exempt from the law. However, you fail to file the required report with the Bureau of Criminal Apprehension within ten days of the purchase. This simple paperwork mistake means your legal possession has become an illegal act, exposing you to a five-year felony charge despite your innocent intentions.
The Measurement Is Off by Millimeters
You own a shotgun for home defense in your Duluth apartment. You believe it is perfectly legal. However, the manufacturer’s stated barrel length is 18 inches, and due to a manufacturing variance, it is actually 17.9 inches long. Or perhaps you modified the stock, bringing the weapon’s overall length just under the 26-inch minimum. This tiny, unnoticeable difference is enough for a prosecutor to charge you with a felony for possessing a short-barreled shotgun.
Legal Defenses That Might Work Against Your Prohibited Firearm Charge
Being charged with a serious felony like illegal firearm possession can feel hopeless, but it is far from it. The state carries the entire burden of proof, and their case is often built on technicalities and assumptions that can be successfully challenged. A powerful defense begins with a thorough investigation of the facts and the law, identifying every weakness in the prosecution’s case. We will build a strategy to protect your rights and fight for your freedom.
My approach is to go on the offensive. We will not sit back and wait for the prosecutor to decide your fate. We will challenge the legality of the state’s actions, from the initial police encounter to their analysis of the firearm. We will tell your side of the story, backed by evidence, expert testimony, and aggressive legal arguments designed to dismantle the charges against you. The “defenses to machine gun charges in Minnesota” are complex, and you need a lawyer who understands how to use them effectively.
Lack of Knowledge
This is one of the strongest defenses in these cases. The prosecution must prove that you knew the firearm was illegal. If you genuinely and reasonably believed the weapon was a legal semi-automatic rifle or a standard shotgun, you have not committed a crime.
- Innocent Possession: We will gather evidence to show that you had no reason to suspect the firearm was illegal. This could include testimony about how you acquired it, your history as a responsible gun owner, and your lack of technical firearms knowledge. You cannot be expected to know about an internal modification you cannot see.
- No Criminal Intent: We will demonstrate that you had no motive to possess an illegal weapon. You are a law-abiding citizen, not a criminal arming for a firefight. This narrative helps show that your possession was an honest mistake, not a willful criminal act.
Unlawful Search and Seizure
The Fourth Amendment protects you from unreasonable searches and seizures. If the police found the firearm by violating your rights, the weapon and all other evidence can be suppressed, or thrown out of court. Without the firearm as evidence, the prosecution’s case will likely be dismissed.
- Illegal Traffic Stop: Did the police have a valid reason to pull you over? If not, the entire stop was illegal, and any evidence found as a result is inadmissible.
- Warrantless Search of Your Home or Vehicle: The police need a warrant or a valid exception to the warrant rule to search your property. We will scrutinize the police report and body camera footage to determine if they overstepped their authority. If they did, we will file a motion to suppress the evidence.
The Firearm Does Not Meet the Legal Definition
The state’s case rests entirely on the firearm being classified as illegal under § 609.67. We can challenge this classification with an independent analysis from our own firearms expert.
- Expert Witness Testimony: Our expert can examine the weapon and testify that it does not fire more than one shot with a single function of the trigger, or that the barrel length and overall length meet the legal requirements.
- Inoperable Weapon: If the firearm was incapable of being fired and could not be readily restored to an operable condition, we can argue it does not qualify as a “firearm” for the purposes of the statute.
Collector’s Item and Reporting Exception
The law provides a narrow exception for possessing machine guns or short-barreled shotguns that are determined by the Bureau of Criminal Apprehension (BCA) to be “primarily collector’s items, relics, museum pieces or objects of curiosity.”
- Proving Collector Status: We can present evidence of the firearm’s age, value, design, and rarity to argue that it qualifies as a collector’s item under the statute.
- Challenging the Reporting Requirement: While the law requires a report to be filed, we can argue for leniency in cases where a true collector made a good-faith mistake, especially if there was no intent to use the item as a weapon.
Minnesota Prohibited Firearm FAQs — What You Need to Know Now
Will I go to jail for a machine gun charge in Minnesota?
A conviction for possessing a machine gun carries a potential sentence of up to 20 years in prison, and a short-barreled shotgun charge carries up to 5 years. While prison is a very real possibility, it is not a certainty. An aggressive and strategic defense can lead to reduced charges, alternatives to incarceration like probation, or a full acquittal. My primary goal is to keep you out of prison.
Can a felony firearm charge under § 609.67 be dismissed?
Yes, absolutely. A skilled defense attorney can get these charges dismissed by successfully arguing a motion to suppress evidence based on an illegal search, by proving the firearm doesn’t meet the illegal definition, or by demonstrating to the prosecutor that they cannot prove you knowingly possessed the item. Early intervention is critical to achieving a dismissal.
Do I need a lawyer for a machine gun charge in Minneapolis or St. Paul?
Yes, without question. These are among the most serious felony charges in Minnesota. The prosecutors in Hennepin and Ramsey counties are experienced and have the full resources of the state police and the BCA crime lab behind them. Facing them alone is a recipe for disaster. You need a dedicated attorney who knows the system, the science, and how to win.
How long does a machine gun charge stay on my record in Minnesota?
A felony conviction is permanent. It will appear on every background check for the rest of your life, creating immense barriers to employment, housing, and even volunteering. While Minnesota has an expungement process, getting a serious felony like this sealed is extremely difficult and can only be attempted after a long waiting period. The best strategy is to avoid the conviction entirely.
What is a “trigger activator” and why is it treated like a machine gun?
A trigger activator, such as a binary trigger, is a device that allows a semi-automatic firearm to fire at a rate mimicking a machine gun (e.g., one shot on the pull of the trigger and another on the release). The law treats these devices as equivalent to machine guns because they dramatically increase a weapon’s rate of fire, and a conviction carries the same 20-year maximum sentence.
I didn’t know the shotgun was too short. Is that a defense?
Yes. This is a “lack of knowledge” defense. The prosecution has to prove your mental state—that you knowingly possessed an illegal item. If you bought the shotgun from a licensed dealer or had no reason to believe its dimensions were illegal, we can build a powerful defense around your innocent state of mind.
What is the difference between state and federal charges for machine guns?
Both Minnesota and the federal government have strict laws against possessing unregistered machine guns. While your case may start in state court, it can be picked up by federal prosecutors, who often seek even harsher mandatory minimum sentences. A strong and swift defense in state court is the best way to prevent a case from going federal.
I am a collector. How do I comply with the law?
If you possess a firearm that is legally classified as a “curio or relic” but would otherwise be illegal (like a short-barreled shotgun), you must have it approved by the BCA and file a detailed report within 10 days of acquiring it. Failure to follow this strict procedure can turn a legal hobby into a felony.
Can I still own guns if I’m convicted?
No. A felony conviction for any offense under § 609.67 will result in a lifetime ban on possessing firearms and ammunition under both state and federal law. You will lose your Second Amendment rights permanently. Protecting these rights is a cornerstone of my defense strategy.
What if the gun was found in a car with other people?
This is a “constructive possession” issue. The prosecutor must prove the firearm was yours. If multiple people had access to the vehicle, we can argue that the weapon belonged to someone else and that you had no knowledge of its presence or its illegal nature.
What makes a firearm a “curio or relic”?
Generally, this refers to firearms that are at least 50 years old, have been certified by a museum curator as a curio, or derive their value from their novelty or association with a historical figure or event. The BCA has the final say on whether a firearm meets this definition for the purposes of the legal exception in Minnesota.
What is a “machine gun conversion kit”?
This refers to any part or combination of parts specifically designed to convert a legal semi-automatic firearm into a machine gun. Simply possessing these parts, even if they are not installed on a weapon, is a felony carrying the same 20-year penalty as possessing a fully functional machine gun.
What should I do if the police want to search my home?
Do not consent to a search. The police will often try to get you to agree to a search because it is easier than getting a warrant. You have the right to refuse. Politely tell them you do not consent to a search and that you want to speak with an attorney. Do not say anything else.
How much does it cost to hire a top firearms defense lawyer?
The cost of a defense will depend on the complexity of your case. However, this is an investment in your freedom and your future. The cost of a felony conviction—decades in prison, hundreds of thousands in lost lifetime earnings, and a ruined reputation—is infinitely higher than the cost of a premier legal defense.
Can you help me if I live outside of the Twin Cities?
Yes. I represent clients in every county in Minnesota. Whether you are in Rochester, St. Cloud, Duluth, or any rural area, you deserve a powerful defense. I have the experience and resources to fight for you in your local courthouse, no matter where it is.
What a Machine Gun Conviction Could Mean for the Rest of Your Life
A felony conviction under § 609.67 is a brand that you can never remove. It follows you everywhere, creating a cascade of “collateral consequences” that can permanently limit your freedom and opportunities long after any sentence is served.
Permanent Loss of Your Freedom and Rights
First and foremost, you face a significant prison sentence—up to 20 years. Upon release, you will be on probation, subject to the government’s control. Crucially, you will become a “prohibited person” under federal law, meaning you will lose your right to vote (until you are off probation), serve on a jury, or hold public office. And, of course, you will be permanently barred from ever owning or possessing a firearm or ammunition again. The “life after a machine gun conviction in Minnesota” is one of diminished rights.
A Criminal Record That Destroys Careers
In our competitive job market, a felony conviction is a virtual death sentence for your career prospects. Nearly all employers conduct background checks. When they see a conviction for possessing a machine gun, they will not ask for an explanation; they will simply move on to the next candidate. You will be barred from hundreds of professions that require state licensing, such as healthcare, education, real estate, and commercial driving.
Loss of Housing and Educational Opportunities
Finding a safe place to live becomes a monumental challenge with a felony record. Landlords routinely run background checks and are quick to deny applicants with serious convictions, viewing them as a liability. This can force you and your family into less desirable housing and neighborhoods. Furthermore, many colleges and universities will deny admission to applicants with a felony conviction, shutting down your path to higher education and self-improvement.
Severe Immigration Consequences
If you are not a U.S. citizen, a conviction for a firearms offense is considered an “aggravated felony” under immigration law. This will almost certainly lead to your deportation, regardless of how long you have lived in the United States, whether you have a green card, or if your entire family resides here. There is virtually no waiver or relief available for this type of conviction. It is a one-way ticket out of the country.
Why You Need a Tough, Experienced Minnesota Machine Gun Defense Attorney
When you are facing a 20-year prison sentence, you cannot afford to take chances. You need a defense attorney who is as serious, aggressive, and relentless as the prosecutor trying to put you away. The stakes are too high for anything less. You need a lawyer who understands the technical nuances of firearms law and who has a proven track record of successfully defending clients against these life-shattering charges.
The Advantage of a Dedicated Private Lawyer
Public defenders are often burdened with unmanageable caseloads, preventing them from giving your case the time and in-depth focus it requires. A machine gun case demands a deep dive into the evidence, consultation with firearms experts, and extensive legal research—a level of attention that is often impossible in an overloaded system. As a private attorney, I deliberately limit my caseload so I can dedicate myself completely to your defense. I will personally handle every detail, from challenging the police report to cross-examining the state’s expert witness at trial.
How Fast Action Can Change the Outcome
The most critical period in your defense is right now. The sooner you have a skilled “Minnesota machine gun defense attorney” on your side, the more opportunities we have to control the outcome. We can intervene before formal charges are even filed, presenting evidence to the prosecutor that could lead to them declining the case. We can lock in witness testimony while memories are fresh and preserve crucial evidence. Waiting allows the state to build an stronger case against you. We must act immediately.
Understanding the Local Courts Across Minnesota
I have fought for clients in courtrooms across this entire state, from the federal courthouse in Minneapolis to the local county seats in Greater Minnesota. I know the judges, I know the prosecutors, and I know their tendencies. I understand how a firearms case is likely to be viewed in Hennepin County versus how it might be handled in a rural county. This invaluable local knowledge allows me to tailor a defense strategy that is most effective for the specific court and prosecutor you are facing.
Building a Case That Gets Results
My objective is singular: to achieve the best possible result for you. That might be a complete dismissal because of an illegal police search. It could be a not-guilty verdict at trial after we prove you had no knowledge the weapon was illegal. It could be a negotiation that reduces a 20-year felony to a lesser charge that saves your freedom and your future. I prepare every case for the possibility of a jury trial. This aggressive posture shows the prosecutor we are ready for a fight and often leads to better outcomes, whether through negotiation or a courtroom victory.