A Minnesota Weapons Defense Lawyer on Charges Under Minn. Stat. § 609.661
You find yourself in a unique and serious legal situation, facing a criminal charge related to a set gun or a swivel gun in Minnesota. This is not a common accusation, and you are likely confused about what it even means. Perhaps you set up a device on your property for protection or pest control, or you own a historical or unique firearm, never imagining it could lead to a criminal record. Now, you are being charged with a gross misdemeanor, and the weight of the Minnesota criminal justice system is upon you.
This charge can feel particularly unfair because of its obscurity. You may have had no intention of harming anyone or violating the law. You might have believed you were acting within your rights as a property owner or a firearm enthusiast. The state, however, sees it differently. They view these specific devices as inherently dangerous and in violation of laws designed to ensure public safety and ethical hunting practices. The accusation attacks your judgment and threatens you with jail time, significant fines, and lasting consequences for your right to own firearms.
You do not have to face this unusual charge alone. I am a Minnesota criminal defense attorney, and I have dedicated my career to defending the rights of individuals facing all types of weapons charges, from the common to the obscure. I have represented clients across the state, from the rural areas of northern Minnesota where hunting traditions run deep to the suburban communities of the Twin Cities like Plymouth, Maple Grove, and Minnetonka, and in cities like Rochester, Duluth, and St. Cloud. I understand the complexities of Minnesota’s weapons laws and the importance of a vigorous defense.
What Set Guns and Swivel Guns Actually Are in Minnesota
The crime you are accused of is not a typical weapons charge, so it is crucial to understand what the law considers a “set gun” or a “swivel gun.” These terms are not defined in the criminal statute itself but in Minnesota’s game and fish laws. A Minnesota charge for a set gun or swivel gun is not about the type of firearm you own in most cases, but rather how it is used or mounted.
A set gun is essentially a booby trap. It is any firearm, or a device that can discharge a firearm, that is set up to fire without a person being present to operate it. This could be a shotgun rigged with a tripwire to deter trespassers on a remote property or a rifle aimed at a garden to scare away pests. These are illegal because they are indiscriminate and pose an extreme danger to any person who might accidentally trigger them, including children, emergency responders, or unsuspecting visitors.
A swivel gun is a firearm that is not designed to be fired from the shoulder. Typically, this refers to a very large firearm, like a small cannon or a large-caliber gun, that is mounted on a pivot or a “swivel.” These are most commonly found on boats and were historically used for hunting large numbers of waterfowl. They are banned because they are considered unsportsmanlike and overly destructive. Facing an accusation for possessing or using one of these devices means the state believes you have created a public safety hazard.
Minnesota Law on Set Guns and Swivel Guns — Straight from the Statute
The criminal penalty for using a set gun or a swivel gun is established in Minnesota Statute § 609.661. This law is short and to the point, classifying the offense as a gross misdemeanor.
Here is the exact language of the criminal statute:
609.661 PENALTY FOR SET GUNS; SWIVEL GUNS.
A person who violates a provision relating to set guns or swivel guns is guilty of a gross misdemeanor.
It is important to note that this statute refers to another provision of the law for the definition of the prohibited act. That provision is found in the game and fish laws, specifically Minnesota Statute § 97B.035, which states:
A person may not set a gun to take an animal or use a swivel gun.
Together, these two statutes create the criminal offense you are charged with.
Breaking Down the Legal Elements of a Set Gun or Swivel Gun Charge in Minnesota
For the prosecution to convict you of this gross misdemeanor offense, they must prove two key elements beyond a reasonable doubt. My role as your defense attorney is to scrutinize the evidence for each of these elements and to build a defense that challenges the prosecution’s narrative.
- The Prohibited DeviceThe first element the state must prove is that the device in question meets the legal definition of a “set gun” or a “swivel gun.” For a set gun charge, they must show that you had a firearm or a device capable of discharging a firearm that was rigged to operate without a person present. For a swivel gun charge, they must prove that you were using a firearm that could not be fired from the shoulder, typically a large gun on a mount. We can challenge the state’s classification of the device and argue that it does not fit the legal definition.
- The Act of Setting or UsingThe second element is that you were the person who “set” the gun or “used” the swivel gun. The prosecution will need to present evidence that links you to the device. This could include your own statements, witness testimony, or physical evidence found at the scene. If the device was on a property you share with others, or if there is no direct evidence that you were the one who set it up, we can argue that the state has not met its burden of proof.
Penalties for a Set Gun or Swivel Gun Conviction in Minnesota Can Be Severe
While this offense is not a felony, a gross misdemeanor conviction in Minnesota is a serious criminal matter that carries significant penalties. A conviction will result in a criminal record that can have a lasting impact on your life, particularly on your right to own firearms. The state imposes these penalties to deter the use of what it considers to be extremely dangerous and unethical devices.
Gross Misdemeanor Conviction
A conviction for violating the law against set guns or swivel guns is a gross misdemeanor. The potential penalties include:
- Up to 364 days in jail.
- A fine of up to $3,000.
- Or both jail time and a fine.
In addition to these penalties, a judge may also sentence you to probation and order you to forfeit the firearm or device involved in the offense. The Minnesota sentencing for this charge is not to be taken lightly.
What a Set Gun or Swivel Gun Charge Looks Like in Real Life — Common Scenarios in Minnesota
Charges for violating the law against set guns and swivel guns are rare, but they do happen, often in rural or semi-rural settings where property owners are trying to deal with trespassers or nuisance animals. Here are some scenarios that could lead to these charges in Minnesota.
The Property Owner in Rural St. Louis County
A person who owns a remote cabin near Duluth is having persistent problems with trespassers and theft. Frustrated, they rig a shotgun to a tripwire near their shed, intending only to scare off intruders. A hiker accidentally wanders onto the property and discovers the device, reporting it to the authorities. The property owner is then charged with a gross misdemeanor for setting a gun, even though their intent was to protect their property.
The Hobby Farmer in a Rochester Suburb
A hobby farmer on the outskirts of Rochester is losing their crops to deer and other animals. They set up a .22 rifle on a fixed mount, aimed at their garden and rigged to fire when an animal triggers a sensor. A neighbor hears the shot and calls the police. The farmer is charged with setting a gun, a serious criminal offense that they saw as a form of pest control.
The Waterfowl Hunter on a Lake near Brainerd
An avid waterfowl hunter has a boat equipped with a large, mounted firearm that is not fired from the shoulder. They use this “swivel gun” to hunt ducks on a lake in the Brainerd area. A game warden observes them using the device and charges them with a gross misdemeanor for violating the hunting regulations and the related criminal statute.
The Collector of Historical Firearms in a Twin Cities Suburb
A person living in a suburb like Eagan or Eden Prairie is a collector of historical firearms and owns a functional swivel gun from the 19th century. They take it to a private range to test fire it, and someone at the range reports it. Even though it was not used for hunting, the act of “using” the swivel gun could lead to a criminal charge.
Legal Defenses That Might Work Against Your Set Gun or Swivel Gun Charge
If you are facing a charge for setting a gun or using a swivel gun, it is important to know that you have defense options. The prosecution’s case may not be as straightforward as it seems, and a skilled defense attorney can identify the weaknesses in their arguments. My approach is to thoroughly investigate the facts of your case and to build a defense that is tailored to your unique situation.
Many of these cases involve a lack of criminal intent or a misunderstanding of a very obscure law. My job is to present your side of the story in a way that is compelling to the prosecutor, the judge, and, if necessary, a jury. We will explore every possible avenue for a dismissal of the charges, a reduction to a lesser offense, or a not-guilty verdict.
The Device Does Not Meet the Legal Definition
The state has the burden of proving that the device in question is, in fact, a “set gun” or a “swivel gun.”
- Not a Set Gun: We can argue that the device was not set up to fire without a person present. For example, if you had a firearm connected to an alarm system that required you to manually trigger it, it would not be a “set gun.”
- Not a Swivel Gun: We can argue that the firearm, while mounted, could still be fired from the shoulder, or that it does not otherwise meet the specific definition of a swivel gun. This may involve expert testimony on the design and function of the firearm.
Lack of Knowledge or Intent
While this is a strict liability offense in some ways, your state of mind can still be a crucial part of the defense.
- You Did Not Set or Use the Device: The device may have been on your property, but we can argue that someone else set it up without your knowledge or consent. The state must prove that you were the person who committed the prohibited act.
- No Intent to Use for an Unlawful Purpose: While the law is broad, we can argue that your use of the device was not for the purpose of “taking an animal” as prohibited by the hunting statute. For example, if you were simply test-firing a historical swivel gun at a gun range, we can argue that this does not fall under the intended scope of the law.
The “Lawful Purpose” Exception
The dangerous weapons statute has a general exception for the possession of certain articles for “lawful purposes of public exhibition.”
- Collector or Museum Exception: If you are a legitimate collector of historical firearms and the swivel gun was part of your collection, we can argue that your possession falls under this exception. This would require showing that your purpose was for exhibition or historical preservation, not for use as a weapon.
Challenging the Evidence
The prosecution’s case relies on the evidence they collected. We can challenge the legality and credibility of that evidence.
- Illegal Search and Seizure: If the police discovered the device through an illegal search of your property, we can file a motion to suppress that evidence. If the evidence is suppressed, the prosecution may have no choice but to dismiss the charges.
- Inaccurate Witness Testimony: If the case relies on the testimony of a witness, we will investigate their credibility and cross-examine them to expose any inconsistencies or biases in their story.
Minnesota Set Gun and Swivel Gun FAQs — What You Need to Know Now
Will I go to jail for a set gun or swivel gun charge?
A jail sentence of up to 364 days is possible for a gross misdemeanor, but it is not a mandatory outcome. For a first-time offender with a unique charge like this, a skilled defense attorney can often negotiate for alternatives like probation, fines, or community service.
Can this charge be dismissed?
Yes. A dismissal is often the best possible outcome. I can work to get the charges dismissed by showing the prosecutor that they cannot prove the device meets the legal definition of a set gun or a swivel gun, or that they cannot prove you were the one who set or used it.
Do I really need a lawyer for a gross misdemeanor?
Absolutely. A gross misdemeanor is a serious crime that will result in a permanent criminal record. It can also have a significant impact on your right to own firearms. You need a lawyer to protect your rights and to navigate the complexities of this unusual charge.
Will I lose my right to own a gun if I am convicted?
A conviction for a gross misdemeanor under this statute could lead to the loss of your right to own firearms for at least three years, as it could be considered a crime of violence under certain circumstances. Protecting your Second Amendment rights is a critical part of the defense.
What is the purpose of the law against set guns and swivel guns?
The law is primarily aimed at public safety and ethical hunting. Set guns are banned because they are indiscriminate and can harm or kill innocent people. Swivel guns are banned because they are considered an unsportsmanlike and overly effective method of hunting.
I was just trying to protect my property. Is that a defense?
While a judge or jury may be sympathetic to your motivations, protecting your property is not a legal defense to setting a gun. The law views these devices as too dangerous to be used for any purpose.
What if I didn’t know that set guns were illegal?
Ignorance of the law is generally not a defense to a criminal charge. However, your lack of knowledge could be a mitigating factor that we can use in negotiations with the prosecutor.
The gun wasn’t loaded. Can I still be charged?
Yes. The law prohibits “setting a gun,” and it does not specify that the gun must be loaded. The act of rigging the firearm is the crime itself.
I inherited the swivel gun from my grandfather. Does that matter?
Your ownership of the firearm is not the issue; it is the “use” of it that is prohibited. If you were using the swivel gun, you could be charged. If it was simply part of a collection and not being used, you should not be charged.
Can the police take my gun if I am charged?
Yes. The firearm or device involved in the offense will likely be seized as evidence. If you are convicted, the judge can order that it be forfeited to the state.
What is the difference between this crime and other weapons charges?
This is a very specific charge related to the manner in which a firearm is used or set up. Other weapons charges typically deal with the unlawful possession of a firearm (e.g., by a prohibited person) or the unlawful use of a firearm against another person (e.g., assault with a dangerous weapon).
I was charged in a rural county. Is the approach to these cases different there?
While the law is the same statewide, local prosecutors and judges in rural counties may have more familiarity with hunting and firearm-related issues. It is important to have an attorney who understands the local legal culture and can effectively communicate your case.
What is the first thing I should do if I am charged with this crime?
You should immediately contact an experienced Minnesota criminal defense attorney. Do not speak to the police or anyone else about the case. The sooner you have legal representation, the better your chances of a positive outcome.
Can this conviction affect my hunting license?
Yes. A conviction for a violation of the game and fish laws, which this crime is related to, can result in the revocation of your hunting license in Minnesota.
Is there a way to resolve this case without a criminal conviction?
In some cases, it may be possible to negotiate for a resolution that avoids a criminal conviction, such as a continuance for dismissal. This would require you to remain law-abiding for a certain period, after which the charge would be dismissed.
What a Gross Misdemeanor Conviction Could Mean for Your Life
A gross misdemeanor conviction is a serious matter that can have a lasting negative impact on your life. It is not something to be taken lightly. Understanding the potential collateral consequences is essential as you decide how to proceed with your case.
A Permanent Criminal Record
A conviction for this offense will result in a permanent criminal record that will appear on background checks for employment, housing, and other opportunities. This can be a significant barrier for the rest of your life.
Impact on Your Right to Own Firearms
A conviction for a gross misdemeanor crime of violence can result in the loss of your right to possess firearms for at least three years. Given that this crime involves a firearm, it is very likely that a conviction would impact your Second Amendment rights.
Employment and Housing Difficulties
Many employers and landlords are hesitant to hire or rent to individuals with a criminal record, even if it is not a felony. A weapons-related conviction can be a particular red flag, making it difficult to find a good job or a safe place to live.
Damage to Your Reputation
A criminal conviction can damage your reputation in your community and among your family and friends. The label of being a “criminal” can be difficult to overcome, even for a lesser offense.
Why You Need a Tough, Experienced Minnesota Weapons Defense Attorney
When you are facing a criminal charge as unusual and serious as this one, you need an attorney who is not only experienced in criminal defense but who is also willing to delve into the obscure corners of Minnesota law. You cannot afford to have a lawyer who is learning on the job.
An Advocate Who Understands Minnesota’s Unique Weapons Laws
I have a deep understanding of the full spectrum of Minnesota’s weapons laws, from the most common to the most obscure. I know how to research the history and intent of a statute and how to build a defense that is grounded in a thorough knowledge of the law.
A Proactive and Strategic Defense
My approach is to be proactive from the moment you hire me. I will immediately begin my own investigation into the facts of your case, and I will not simply rely on the police reports. I will identify the weaknesses in the prosecution’s case and use them to your advantage in negotiations or at trial.
Experience in Courtrooms Across Minnesota
I have defended clients in every part of this state, and I understand the local legal customs and the tendencies of the prosecutors and judges. This experience allows me to tailor your defense to the specific courtroom you are in, which can be a significant advantage.
A Commitment to Protecting Your Rights and Your Future
My sole focus is on protecting you, your rights, and your future. I understand what is at stake for you, and I will be a tireless advocate in your corner. I am not afraid to take on a tough or unusual case, and I will fight for you every step of the way.