A Minnesota Weapons Charge Lawyer on What a Conviction Under Minn. Stat. § 609.66 Means for You
A single moment—a heated argument, a misunderstanding, a reckless action, or simply being in the wrong place at the wrong time—has led you here, facing a dangerous weapons charge in Minnesota. You never intended for things to escalate, but now you’re caught in the crosshairs of the criminal justice system. The accusation itself feels like a judgment, and the thought of a conviction, with the possibility of jail time, hefty fines, and the loss of your constitutional rights, is overwhelming.
Perhaps you were simply defending yourself, or you were unaware that possessing a certain item was illegal. Maybe you are a gun owner who is now being unfairly targeted for what was a complete accident. Whatever the circumstances, the state is now pursuing a criminal charge that could change your life forever. This is more than a minor legal issue; a conviction under Minnesota’s dangerous weapons statute can have severe and lasting consequences.
You do not have to face this fight alone. I am a Minnesota criminal defense attorney who has dedicated my career to defending individuals just like you. I have represented clients in courtrooms across the state, from Minneapolis and St. Paul to Rochester, Duluth, St. Cloud, and the surrounding suburban communities of Bloomington, Eagan, and Plymouth. I understand the complexities of weapons charges and the importance of a strong, strategic defense. Your rights are worth fighting for, and I am here to ensure your side of the story is heard.
What a Dangerous Weapons Charge Actually Means in Minnesota
In Minnesota, a “dangerous weapons” charge under Minnesota Statute § 609.66 is not a single crime but a broad category of offenses that range from misdemeanors to serious felonies. This statute covers a wide array of conduct, from how a weapon is handled to who is allowed to possess it and where. At its core, this law is designed to punish actions that endanger public safety through the misuse of firearms and other dangerous articles. What may seem like a minor infraction to you could be viewed by a prosecutor as a serious criminal act.
Facing a Minnesota dangerous weapons charge could mean you are accused of recklessly handling a firearm, intentionally pointing a gun at someone (even if it was unloaded), or possessing an illegal item like brass knuckles or a switchblade. More serious allegations under this statute include recklessly discharging a firearm within a city, furnishing a weapon to a minor, or possessing a weapon on school property. The specific charge you face will depend on the unique facts of your case, but any conviction under this statute can have life-altering consequences, including the permanent loss of your right to own a firearm.
Minnesota Law on Dangerous Weapons — Straight from the Statute
The legal authority for the charge you are facing is Minnesota Statute § 609.66. This is a lengthy and complex law with multiple subdivisions that outline a host of different crimes, each with its own set of penalties. It is crucial that you understand the specific part of the statute you are accused of violating, as it will be the foundation of the prosecution’s case against you.
Here is a portion of the statute to give you an idea of its scope. Please note that this is not the full text, as the law is extensive:
609.66 DANGEROUS WEAPONS.
Subdivision 1. Misdemeanor and gross misdemeanor crimes. (a) Whoever does any of the following is guilty of a crime…:
(1) recklessly handles or uses a gun or other dangerous weapon or explosive so as to endanger the safety of another; or
(2) intentionally points a gun of any kind, capable of injuring or killing a human being and whether loaded or unloaded, at or toward another; or
(4) manufactures, transfers, or possesses metal knuckles or a switchblade knife opening automatically; or…
Subd. 1a. Felony crimes; suppressors; reckless discharge. (a) Whoever does any of the following is guilty of a felony…:
(1) sells or has in possession a suppressor that is not lawfully possessed under federal law;
(2) intentionally discharges a firearm under circumstances that endanger the safety of another; or
(3) recklessly discharges a firearm within a municipality.
Subd. 1b. Felony; furnishing to minors. Whoever, in any municipality of this state, furnishes a minor under 18 years of age with a firearm, airgun, ammunition, or explosive without the prior consent of the minor’s parent or guardian or of the police department of the municipality is guilty of a felony…
Subd. 1d. Possession on school property; penalty. (a) Except as provided under paragraphs (d) and (f), whoever possesses, stores, or keeps a dangerous weapon while knowingly on school property is guilty of a felony…
Subd. 1e. Felony; drive-by shooting. (a) A person is guilty of a felony who, while in or having just exited from a motor vehicle, recklessly discharges a firearm at or toward:
(1) an unoccupied motor vehicle or building;
(2) an occupied motor vehicle or building; or
(3) a person.
Breaking Down the Legal Elements of a Dangerous Weapons Charge in Minnesota
For the prosecution to convict you of a dangerous weapons offense, they must prove every element of the specific crime you are charged with beyond a reasonable doubt. My job as your defense attorney is to meticulously analyze the evidence and challenge the prosecution’s case at every turn. If the state’s proof is weak on any of these elements, it can lead to a dismissal of the charges or a not-guilty verdict.
- The Act ItselfThe first element the state must prove is that you committed one of the specific acts prohibited by the statute. This could be the act of pointing a gun, recklessly handling a weapon, discharging a firearm, or possessing a prohibited item like a switchblade. The prosecution will rely on witness testimony, police reports, and physical evidence to establish that the act occurred. Our defense will focus on challenging the credibility of this evidence and presenting a different interpretation of the events.
- Your State of Mind (Intent)Many dangerous weapons offenses require the prosecution to prove a specific state of mind. For example, to be convicted of intentionally pointing a gun, the state must prove that it was your conscious objective to point the weapon at another person. For a reckless discharge charge, they must prove you acted with a conscious disregard for the safety of others. If your actions were accidental, or if you did not have the required level of intent, you cannot be found guilty of the crime.
- The Nature of the WeaponFor some charges, the state must prove that the object in question meets the legal definition of a “dangerous weapon” or a “firearm.” A dangerous weapon is defined broadly in Minnesota and can include not only guns and knives but any object that is used in a way that could cause great bodily harm or death. We can challenge the state’s classification of the object, especially in cases involving less obvious weapons.
- Attendant CircumstancesMany weapons offenses have enhanced penalties if they are committed in certain locations, such as a school zone, a park, or a public housing area. If you are facing an enhanced charge, the prosecution has the additional burden of proving that you were in one of these designated zones at the time of the alleged offense. We will carefully examine the evidence to ensure that all legal requirements for an enhancement have been met.
Penalties for a Dangerous Weapons Conviction in Minnesota Can Be Severe
A conviction for a dangerous weapons offense in Minnesota can have a profound impact on your life, with penalties ranging from a misdemeanor to a felony that could land you in prison for years. The specific sentence you face will depend on the crime you are convicted of and your criminal history. It is crucial to understand the potential consequences as you prepare to fight your charges.
Felony Offenses
The most serious weapons charges are felonies, which carry the possibility of a lengthy prison sentence and substantial fines.
- Drive-by Shooting (toward an occupied vehicle/person): Up to 10 years in prison and a $20,000 fine.
- Furnishing a Firearm to a Minor (in a municipality): Up to 10 years in prison and a $20,000 fine.
- Possession of a Weapon on School Property: Up to 5 years in prison and a $10,000 fine.
- Intentional/Reckless Discharge of a Firearm (in a school/park/public housing zone): Up to 5 years in prison and a $10,000 fine.
- Intentional/Reckless Discharge of a Firearm (otherwise): Up to 2 years in prison and a $5,000 fine.
Gross Misdemeanor Offenses
A gross misdemeanor is more serious than a misdemeanor and carries stiffer penalties.
- Reckless Handling/Intentionally Pointing a Gun (in a school/park/public housing zone): Up to 364 days in jail and a $3,000 fine.
- Brandishing a Replica Firearm or BB Gun on School Property: Up to 364 days in jail and a $3,000 fine.
Misdemeanor Offenses
While less severe than felonies or gross misdemeanors, misdemeanor convictions still result in a criminal record.
- Reckless Handling/Intentionally Pointing a Gun: Up to 90 days in jail and a $1,000 fine.
- Possessing a Replica Firearm or BB Gun on School Property: Up to 90 days in jail and a $1,000 fine.
What a Dangerous Weapons Charge Looks Like in Real Life — Common Scenarios in Minnesota
Dangerous weapons charges can arise from a wide variety of circumstances, from a heated dispute that goes too far to a simple act of carelessness. These are not just abstract legal concepts; they are real-life situations that can happen to anyone. Here are some common scenarios that could lead to these charges in Minnesota.
A Heated Argument in a Minneapolis Parking Lot
After a minor traffic accident in a Minneapolis parking lot, an argument ensues. One driver, feeling threatened, retrieves a handgun from their glove compartment and holds it by their side without pointing it. The other driver calls the police, and the gun owner is charged with recklessly handling a dangerous weapon, even though they never pointed it at anyone.
A Teenager with an Airgun in a St. Paul Park
A group of teenagers is playing with an airgun in a St. Paul park, shooting at cans and trees. A passerby sees the airgun, mistakes it for a real firearm, and calls the police. The teenager holding the airgun is charged with recklessly handling a weapon in a park zone, a gross misdemeanor, even though they had no malicious intent.
A Hunting Rifle in a Vehicle on School Property in Rochester
A high school student in Rochester goes hunting before school and leaves their cased hunting rifle in their truck in the school parking lot. Another student sees the rifle and reports it to the school administration. The student is then charged with felony possession of a dangerous weapon on school property, despite having no intention of bringing the rifle into the school.
Celebratory Gunfire in a Duluth Neighborhood
During a Fourth of July party in a Duluth neighborhood, a homeowner fires their handgun into the air to celebrate. A neighbor hears the shots and calls the police. The homeowner is charged with felony reckless discharge of a firearm within a municipality, a serious crime that they viewed as a harmless act of celebration.
Legal Defenses That Might Work Against Your Dangerous Weapons Charge
If you are facing a dangerous weapons charge, it is easy to feel like the odds are stacked against you. But an accusation is not a conviction, and you have the right to a strong legal defense. The prosecution has the burden of proving its case beyond a reasonable doubt, and there are often weaknesses in their evidence and arguments that a skilled defense attorney can exploit.
My approach is to meticulously examine every detail of your case, from the initial police encounter to the collection of evidence. I will identify any violations of your constitutional rights and challenge the credibility of the prosecution’s witnesses. Many weapons charges are based on subjective interpretations of events, and my job is to present your side of the story in the most compelling way possible. Together, we can build a defense strategy aimed at achieving a dismissal, a reduction of the charges, or a not-guilty verdict.
Self-Defense or Defense of Others
One of the most powerful defenses to a weapons charge is that you were acting in self-defense or in defense of another person.
- Reasonable Fear of Harm: If you reasonably believed that you or someone else was in imminent danger of bodily harm, you may have been justified in using or displaying a weapon to neutralize the threat. We will present evidence of the other person’s aggressive behavior to show that your actions were a reasonable response to the situation.
- No Duty to Retreat: In Minnesota, you generally do not have a duty to retreat from a threat in your own home. If the incident occurred in your house, this can be a key part of your self-defense claim.
Lack of Intent
Many weapons offenses require a specific criminal intent that the prosecution must prove.
- Accidental Conduct: If the handling or discharge of a weapon was truly accidental, you did not have the reckless or intentional state of mind required for a conviction. We can use forensic evidence and expert testimony to show that the incident was an accident, not a criminal act.
- No Intent to Use as a Weapon: If you are charged with possessing a “dangerous article,” we can argue that you did not possess it for the purpose of using it as a weapon. For example, a baseball bat in your car is for playing baseball, not for assaulting someone.
Challenging the Evidence
The prosecution’s case is only as strong as its evidence. We can challenge the evidence on several grounds.
- Illegal Search and Seizure: If the police found the weapon through an illegal search of your person, your car, or your home, we can file a motion to suppress that evidence. If the motion is successful, the prosecution may be forced to dismiss the charges.
- Inaccurate Witness Testimony: Eyewitness accounts are notoriously unreliable. We will investigate the backgrounds of the prosecution’s witnesses and cross-examine them to expose any inconsistencies or biases in their testimony.
You Were Unaware of the Weapon’s Presence
In some cases, you may not have even known that a weapon was present.
- Constructive Possession: If the weapon was found in a place where multiple people had access, such as a shared vehicle or a common area of a house, the prosecution must prove that you knew it was there and had control over it. We can argue that the weapon belonged to someone else and that you were unaware of its presence.
Minnesota Dangerous Weapons FAQs — What You Need to Know Now
Will I go to jail for a dangerous weapons charge in Minnesota?
Jail or prison time is a real possibility, especially for felony offenses. However, a conviction does not automatically mean incarceration. A skilled defense attorney can often negotiate for alternatives such as probation, fines, or community service, particularly for first-time offenders.
Can a weapons charge be dismissed?
Yes. A dismissal is often the best outcome and is my primary goal in many cases. If I can show the prosecutor that their evidence is weak, that your rights were violated, or that you have a strong defense, I can often persuade them to dismiss the charges.
Do I need a lawyer for a misdemeanor weapons charge?
Absolutely. Any criminal conviction, even a misdemeanor, will result of a criminal record that can affect your employment, your housing, and your right to own firearms. A lawyer can help you navigate the system and work to avoid a conviction.
Will I lose my right to own a gun if I am convicted?
A conviction for a felony crime of violence will result in a lifetime ban on possessing firearms in Minnesota. Even a misdemeanor conviction for a crime like assault can result in the loss of your gun rights. Protecting your Second Amendment rights is a critical part of defending against these charges.
What is the difference between “reckless” and “intentional” conduct?
“Intentional” means that it was your conscious purpose to bring about a certain result, such as pointing a gun at someone. “Reckless” means that you were aware of a substantial and unjustifiable risk to the safety of others and consciously disregarded that risk.
Can I be charged with pointing a gun if it was unloaded?
Yes. The statute specifically states that it is a crime to intentionally point a gun at another person “whether loaded or unloaded.” The law is aimed at preventing the fear and apprehension that comes from having a gun pointed at you, regardless of its condition.
What should I do if the police want to question me about a weapons offense?
You should politely decline to answer any questions and immediately state that you want to speak with a lawyer. Do not try to explain your side of the story, as anything you say can be used against you.
I have a permit to carry. Does that protect me from these charges?
A permit to carry allows you to lawfully possess a firearm in many public places, but it is not a defense to the unlawful use of that firearm. You can still be charged with crimes like reckless handling or intentional pointing even if you have a valid permit.
Can a BB gun be considered a dangerous weapon?
While a BB gun is not a firearm, it can be considered a dangerous weapon if it is used in a way that is likely to cause substantial bodily harm. Possessing a BB gun on school property is also a specific crime under the statute.
What if the weapon belonged to someone else in the car with me?
This is a common scenario. The prosecution will try to argue that you had “constructive possession” of the weapon, meaning you knew it was there and had access to it. We can fight this by showing that the weapon belonged to someone else and that you had no control over it.
Are there exceptions for possessing a weapon on school property?
Yes, the statute has several exceptions, including for licensed peace officers, military personnel on duty, and people who have written permission from the school principal. There is also an exception for people who are lawfully storing a firearm in their vehicle in the school parking lot.
What is a “drive-by shooting” under Minnesota law?
A drive-by shooting is defined as recklessly discharging a firearm at or toward a person, a building, or another vehicle while you are in or have just exited a motor vehicle. It is a serious felony offense.
Can I be charged for giving a BB gun to my child?
It depends on the circumstances. Outside of a municipality, it is a crime to furnish a child under 14 with an airgun without the consent of their parent or guardian. Within a municipality, it is a felony to furnish a minor under 18 with an airgun without parental or police consent.
What makes a knife a “dangerous weapon”?
Any knife can be considered a dangerous weapon depending on how it is used. A switchblade knife is illegal to possess in Minnesota. Other knives are generally legal to carry, but using them to threaten or harm someone can lead to serious criminal charges.
What is the first step I should take if I am charged with a weapons offense?
Your first and most important step is to contact an experienced Minnesota criminal defense attorney. The sooner you have legal counsel, the better your chances of achieving a favorable outcome.
What a Dangerous Weapons Conviction Could Mean for the Rest of Your Life
A conviction for a dangerous weapons offense will have a profound and lasting impact on your life, well beyond any sentence handed down by a judge. The collateral consequences of a conviction can affect your career, your family, your finances, and your fundamental rights as a citizen.
Loss of Your Second Amendment Rights
For many Minnesotans, the right to own a firearm is a cherished part of their heritage. A conviction for a felony crime of violence will result in a lifetime ban on possessing firearms. Even a misdemeanor conviction for certain offenses can result in the loss of your gun rights for at least three years. This is one of the most significant and permanent consequences of a weapons conviction.
A Permanent Criminal Record
A conviction for a weapons offense will create a permanent criminal record that will show up on background checks for the rest of your life. This can make it incredibly difficult to find a job, as many employers are hesitant to hire someone with a weapons conviction, especially if it is a felony.
Barriers to Housing and Education
Many landlords will not rent to people with a criminal record, particularly one that involves weapons. This can make it difficult to find safe and stable housing for you and your family. A conviction can also affect your eligibility for federal student loans and can be grounds for expulsion from a college or university.
Immigration Consequences
For non-citizens, a conviction for a dangerous weapons offense can be devastating. Many of these crimes are considered “crimes of violence” or “aggravated felonies” under federal immigration law, which can lead to deportation, regardless of how long you have lived in the United States.
Why You Need a Tough, Experienced Minnesota Weapons Defense Attorney
When you are facing a dangerous weapons charge, the stakes are simply too high to go it alone. The prosecution has the resources of the state on its side, and they will be aggressive in their pursuit of a conviction. You need a dedicated and experienced defense attorney who will fight for you every step of the way.
An Advocate Who Knows Minnesota’s Complex Gun Laws
Minnesota’s weapons laws are a complex and ever-changing web of statutes and case law. I have a deep understanding of these laws and how they are applied in courtrooms across the state. I know how to identify the weaknesses in the prosecution’s case and how to build a defense that is tailored to the specific charge you are facing.
A Proactive Defense from the Very Beginning
The most critical time in a criminal case is at the outset. By hiring me early in the process, I can get to work immediately on your defense. I can interview witnesses, preserve evidence, and challenge the legality of the police investigation. A proactive defense can often lead to a dismissal of the charges before the case even gets to trial.
Experience in Courtrooms Across Minnesota
I have defended clients against weapons charges in every corner of this state, from the urban cores of Minneapolis and St. Paul to the rural counties of greater Minnesota. I know the local court rules, the judges, and the prosecutors. This experience allows me to navigate the system effectively and to give you the best possible chance of a successful outcome.
A Commitment to Protecting Your Rights and Your Future
My sole focus is on protecting you, your rights, and your future. I will leave no stone unturned in my investigation of your case, and I will be a tireless advocate for you in the courtroom. I am not afraid to take on the tough cases and to fight for my clients all the way to a jury trial if necessary. Your freedom and your future are my top priorities.