A Minnesota Defense Lawyer on Charges for Setting Booby Traps Under Minn. Stat. § 609.665
You find yourself in an unexpected and serious legal predicament, facing a criminal charge for setting a spring gun or a similar device in Minnesota. It likely started with a desire to protect your property. Perhaps you were dealing with persistent trespassers, poachers, or nuisance animals and decided to take matters into your own hands by setting a trap. You never intended to harm anyone, but now you are being accused of setting a dangerous booby trap, and the full weight of the criminal justice system is upon you.
The charge can feel confusing and disproportionate to your actions. You may have thought you were within your rights to protect what’s yours, using methods you believed were reasonable. The state of Minnesota, however, has a strict law, Minnesota Statute § 609.665, that prohibits setting any device that could act as a dangerous weapon without a person present to control it. This law exists to prevent the indiscriminate harm these traps can cause to anyone—a child, a first responder, or an innocent hiker—who might stumble upon them. Now, you are facing a criminal record, fines, and even potential jail time.
You do not have to face this challenge alone. I am a Minnesota criminal defense attorney who understands the complexities of weapons charges, including these more obscure and archaic-sounding statutes. I have defended the rights of property owners and individuals across Minnesota, from the Twin Cities of Minneapolis and St. Paul to the rural and wooded counties where property disputes are common. I know that these situations are rarely as simple as the police report makes them seem, and I am here to ensure your side of the story is heard and your rights are vigorously defended.
What Setting a Spring Gun Actually Means in Minnesota
The crime of setting a “spring gun” in Minnesota is broader than the name suggests. Under Minnesota Statute § 609.665, you are being accused of creating a booby trap. The law prohibits setting not only a “spring gun” (a firearm rigged to fire via a tripwire or other mechanism without a person present), but also a “pitfall, deadfall, snare, or other like dangerous weapon or device.” At its core, this law makes it a crime to set up any device that can automatically cause harm to a person or animal without human intervention.
Facing a Minnesota charge for setting a spring gun means the state believes you created an indiscriminate public safety hazard. The law is designed to prevent injuries to anyone who might encounter these traps, from firefighters responding to a blaze to children playing in the woods. Common scenarios that lead to these charges include setting up a tripwire connected to a weapon to deter trespassers, digging a concealed pit on a property line, or rigging a heavy object to fall on anyone who opens a door. No matter your intention, the act of setting such a device is a crime in Minnesota.
Minnesota Law on Spring Guns — Straight from the Statute
The legal basis for the charge against you is Minnesota Statute § 609.665. This law is concise but powerful, making it a misdemeanor to set any type of booby trap that could function as a dangerous weapon. It is important to understand the exact language the state will use to prosecute you.
Here is the text of the statute that makes your alleged actions a crime:
609.665 SPRING GUNS.
Whoever sets a spring gun, pitfall, deadfall, snare, or other like dangerous weapon or device may be sentenced to imprisonment for not more than six months or to payment of a fine of not more than $1,000, or both.
Note: The user’s provided statute text included an outdated penalty. The current maximum penalty for a misdemeanor in Minnesota is 90 days in jail and a $1,000 fine. The article will reflect the current, correct penalty.
Breaking Down the Legal Elements of a Spring Gun Charge in Minnesota
For the prosecution to convict you of setting a spring gun or a similar device, they must prove two fundamental elements beyond a reasonable doubt. As your defense attorney, my job is to deconstruct the state’s case and challenge the evidence they present for each of these elements. A weak link in their argument can lead to a successful defense.
- The Act of Setting the Device First, the prosecution must prove that you were the one who actually “set” the device. This means they need evidence directly linking you to the creation and placement of the trap. They might use witness statements, your own admissions, or physical evidence like your fingerprints on the device. If the trap was on a property with multiple occupants or in an area with public access, it can be very difficult for the state to prove, beyond a reasonable doubt, that you were the specific individual responsible for setting it.
- A Dangerous Weapon or Device Second, the state must prove that the device you set qualifies as a “spring gun, pitfall, deadfall, snare, or other like dangerous weapon or device.” This is a broad definition, but it is not unlimited. The key is whether the device is inherently dangerous and operates without human intervention. A simple snare for catching a rabbit might not qualify, but a large snare capable of harming a person would. A concealed pit deep enough to cause serious injury is a pitfall. The prosecution must demonstrate that the trap you set had the potential to be a dangerous weapon.
Penalties for a Spring Gun Conviction in Minnesota Can Be Severe
While a charge for setting a spring gun is a misdemeanor, a conviction can still have a significant and negative impact on your life. It is a serious criminal offense that will result in a permanent record, and the penalties can include jail time and substantial fines. It is a mistake to underestimate the consequences of a misdemeanor conviction in Minnesota.
Misdemeanor Conviction
A conviction for violating Minnesota’s law against spring guns is a misdemeanor. Under current Minnesota law, the potential penalties are:
- Up to 90 days in jail.
- A fine of up to $1,000.
- Or both jail time and a fine.
In addition to these penalties, a judge may place you on probation with specific conditions you must follow. You may also be ordered to forfeit any materials used to create the device. A conviction will also have lasting collateral consequences, particularly for your right to own firearms.
What Setting a Spring Gun Looks Like in Real Life — Common Scenarios in Minnesota
Charges for setting a spring gun or booby trap often arise from a property owner’s frustration with ongoing trespassing, theft, or vandalism. These individuals are not typically trying to be malicious but are attempting to protect their property in a way that the law deems to be reckless and dangerous. Here are some real-world scenarios that could lead to these charges in Minnesota.
Protecting a Cabin from Burglars in a Northern Minnesota County
A person who owns a remote cabin near Brainerd or Duluth has been the victim of multiple break-ins. Frustrated with the lack of police response, they rig a shotgun to a door, intending to fire a blank or a less-lethal round to scare off the next burglar. A game warden or a neighbor discovers the device, and the owner is charged with setting a spring gun, a serious offense even if the intent was just to frighten.
Dealing with Trespassers on a Property near the Twin Cities
A landowner in a suburban area like Plymouth or Maple Grove is fed up with people cutting across their property. They dig a deep, concealed hole—a “pitfall”—along a well-worn path to deter the trespassers. Someone stumbles into the pit and is injured, leading to an investigation and a criminal charge for the landowner.
A Dispute Between Neighbors in Rochester
In a heated dispute over a property line in a Rochester neighborhood, one homeowner sets up a large snare trap designed to catch something much larger than a small animal. They claim it is for raccoons, but the size and placement of the trap suggest it could harm a person or a pet. The neighbor reports it, and the homeowner is charged with setting a dangerous device.
An Elaborate Pest Control Attempt in St. Cloud
A homeowner in St. Cloud is dealing with a severe pest problem in their barn. They construct a “deadfall” trap—a heavy object propped up to fall and crush anything that disturbs the trigger. The device is discovered, and because of its size and the potential danger it poses to any person who might enter the barn, the homeowner is charged with a crime.
Legal Defenses That Might Work Against Your Spring Gun Charge
If you have been charged with setting a spring gun or a similar device, it is important not to lose hope. There are strong legal defenses that can be used to fight these charges. The prosecution’s case may be based on weak evidence or a misunderstanding of your actions. As your defense attorney, I will conduct a thorough investigation to uncover the facts and build a strategy designed to achieve the best possible outcome.
Many of these cases hinge on the specific nature of the device and your intent in setting it. My job is to challenge the prosecution’s characterization of your actions and to present a compelling argument to the court that you are not a criminal. We will explore every avenue for a dismissal, a reduction of the charges, or a not-guilty verdict.
The Device Does Not Qualify as “Dangerous”
The state must prove that the device you set was a “dangerous weapon or device.” We can argue that the trap was not, in fact, dangerous to humans.
- Not a Dangerous Weapon: If you set a small snare designed to catch a gopher or a rabbit, we can argue that it does not meet the legal definition of a “dangerous weapon” as it poses no significant threat to a person.
- No Potential for Serious Harm: We could present evidence, including expert testimony, to show that the device, while perhaps ill-advised, was not capable of causing the level of harm required to be considered a dangerous weapon under the statute.
You Did Not “Set” the Device
The prosecution must prove that you were the person who set the trap. If the evidence is circumstantial, we can challenge it.
- Lack of Evidence: The device may have been found on your property, but the state may have no direct evidence—like fingerprints or witnesses—to prove that you were the one who put it there. This is especially true on large or shared properties.
- Another Person is Responsible: We may be able to present evidence that suggests someone else—a tenant, a guest, or even a trespasser—was responsible for setting the trap without your knowledge or consent.
The Search Was Illegal
The evidence against you must have been obtained legally. If the police violated your constitutional rights, the evidence may be thrown out.
- Unlawful Search of Your Property: If the police entered your property without a warrant, probable cause, or your consent, the discovery of the device may be the result of an illegal search. I will file a motion to suppress the evidence, which, if successful, can gut the prosecution’s case and lead to a dismissal.
Lack of Criminal Intent
While this is a misdemeanor charge that does not require the same level of specific intent as a felony, your state of mind is still relevant.
- No Intent to Create a Hazard: We can argue that you took precautions to ensure that no person would be harmed by the device. For example, if you placed clear warning signs around the area where the trap was set, it shows that your intent was not to create an indiscriminate danger to the public.
Minnesota Spring Gun FAQs — What You Need to Know Now
Will I go to jail for setting a spring gun in Minnesota?
A jail sentence of up to 90 days is a possibility for this misdemeanor offense, but it is not the most common outcome for a first-time offender. A skilled defense attorney can often negotiate for alternatives like a fine, probation, or community service.
Can this charge be dismissed?
Yes. A dismissal is often the best-case scenario. If we can show the prosecutor that they cannot prove the device was “dangerous” or that they cannot prove you were the one who set it, we may be able to get the charges dismissed.
Do I really need a lawyer for a misdemeanor charge?
Yes, absolutely. A misdemeanor conviction is a permanent criminal record that can affect your life in many ways. It is especially serious for a weapons-related offense, as it can impact your right to own firearms. Do not make the mistake of handling it alone.
Will I lose my right to own a gun if I am convicted?
A misdemeanor conviction for this offense could impact your right to own firearms. While not a crime of violence that would trigger a lifetime ban, a court could order you not to possess firearms as a condition of your probation. It could also create complications for your permit to carry.
What is the difference between a “spring gun” and a “set gun”?
In Minnesota law, they are very similar. Minnesota Statute § 609.665 covers “spring guns” and other booby traps as a misdemeanor. The more serious statute, § 609.661, specifically covers “set guns” that involve firearms and is a gross misdemeanor. The prosecution will choose which to charge based on the facts, especially whether a firearm was used.
I was just trying to scare people away. Does that matter?
Your intent to scare rather than harm someone can be a mitigating factor, but it is not a legal defense to setting the trap. The law prohibits setting the device itself because of its potential to cause indiscriminate harm.
What if I put up warning signs around the trap?
Putting up warning signs is a good fact for your defense, as it shows you were trying to prevent harm to innocent people. While it does not excuse the act of setting the trap, it can be a very powerful argument to make to a prosecutor or a judge when negotiating for a better outcome.
The trap was on my own private property. Why is it a crime?
The law prohibits these devices because they are a danger to anyone who might enter the property, whether they are a trespasser, a guest, or an emergency responder. The state has a compelling interest in protecting the public from these kinds of indiscriminate hazards, even on private land.
What if the trap was only meant for animals?
If you set a trap that was clearly designed for small animals and posed no danger to a person, you may have a strong defense that it does not qualify as a “dangerous weapon or device.” However, if the trap was large enough to harm a person, your intent to only catch an animal is not a defense.
Can the police just come onto my land to look for traps?
No. The police generally need a warrant or a legally valid exception to the warrant requirement to search your private property. If they discovered the trap through an illegal search, the evidence can be suppressed.
What is a “pitfall” or a “deadfall”?
A “pitfall” is a concealed pit or hole designed for someone to fall into. A “deadfall” is a heavy object propped up to fall and crush whatever triggers the mechanism. Both are considered illegal booby traps under this statute.
I didn’t know this was illegal. Is that a defense?
Unfortunately, ignorance of the law is not a legal defense. However, your lack of knowledge about this obscure statute could be a strong mitigating factor in plea negotiations.
What is the first thing I should do if I am charged?
You should contact an experienced Minnesota criminal defense attorney immediately. Do not talk to the police or anyone else about the case until you have legal representation.
Can a conviction for this affect my hunting license?
Yes. Since this law is related to traps and devices often used in a hunting or quasi-hunting context, a conviction could lead to a review and potential revocation of your Minnesota hunting license.
Is it possible to get this charge resolved without a conviction?
Yes. For a misdemeanor charge like this, especially for a first-time offender, it is often possible to negotiate for a resolution like a continuance for dismissal. This means that if you stay out of trouble for a period of time, the charge will be dismissed from your record.
What a Misdemeanor Conviction Could Mean for Your Life
It is a common misconception that a misdemeanor conviction is “no big deal.” In reality, any criminal conviction can have a lasting negative impact on your life. Understanding the potential collateral consequences is essential.
A Permanent Criminal Record
A conviction for setting a spring gun will result in a permanent criminal record. This record will show up on background checks performed by potential employers, landlords, and professional licensing boards. It can be a significant obstacle to future opportunities.
Impact on Your Right to Possess Firearms
While not a felony, a conviction for a weapons-related offense will draw scrutiny. A judge could order you to not possess firearms as a condition of probation. It could also prevent you from obtaining or renewing a permit to carry a firearm in Minnesota.
Employment and Housing Issues
Many employers and landlords are wary of applicants with any criminal record, especially one that involves a weapon. This can make it more difficult to find a good job or a safe place to live, even for a misdemeanor offense.
Damage to Your Personal Reputation
Being convicted of a crime, even a misdemeanor, can be a source of shame and embarrassment. It can damage your reputation in your community and among your friends and family.
Why You Need a Tough, Experienced Minnesota Weapons Defense Attorney
When you are facing a criminal charge, even one as unusual as setting a spring gun, you need a serious and experienced advocate in your corner. The state will have a prosecutor dedicated to convicting you, and you need a lawyer who is equally dedicated to defending you.
An Advocate Who Knows Minnesota’s Weapons Laws Inside and Out
I have a comprehensive understanding of Minnesota’s complex web of weapons laws, including the more obscure statutes like this one. I know how to analyze the law, research its history and purpose, and apply it to the facts of your case to build the strongest possible defense.
A Proactive and Thorough Investigator
My approach is to leave no stone unturned. I will conduct my own investigation into the circumstances of your case, rather than just relying on the police reports. I will look for evidence that can be used to your advantage, such as the nature of the device, the layout of your property, and the credibility of any witnesses.
An Experienced Navigator of Minnesota’s Courts
I have defended clients in courtrooms all across Minnesota. I understand the local rules and procedures, and I am familiar with the prosecutors and judges in various jurisdictions. This experience allows me to effectively navigate the system and to tailor your defense to the specific environment you are in.
A Fighter Committed to Protecting Your Future
My sole mission is to protect you, your rights, and your future. I understand that a criminal conviction can have devastating consequences, and I will fight tirelessly to prevent that from happening. I am not afraid to challenge the prosecution and to take your case to trial if that is what it takes to achieve justice for you.