Police Found a Gun in Your Car? How Minnesota Statute § 609.672 Can Be Used Against You
You’ve been pulled over. It’s a stressful situation that instantly becomes a nightmare when the officer finds a firearm in your car. It doesn’t matter if it wasn’t yours, if you had no idea it was there, or if a passenger left it behind. Once that gun is discovered, the police and prosecutors have a powerful tool they can use to charge you with a serious crime: Minnesota Statute § 609.672. This law allows a jury to infer that you, the driver, knowingly possessed that firearm simply because it was in your vehicle. Suddenly, the burden feels like it’s on you to prove your innocence. You didn’t plan to end up here, but now you’re facing a firearms charge that could ruin your life, all based on a legal assumption.
This is not a minor issue; it is the cornerstone of many firearm prosecutions across Minnesota. This “permissive inference” can be the single thread holding the state’s case together. But it is not unbeatable. I am a Minnesota criminal defense attorney who has fought and won against charges built on this very inference. From traffic stops on I-94 in Minneapolis and St. Paul to routine encounters in Rochester, Duluth, or St. Cloud, I have seen how prosecutors in Hennepin County, Ramsey County, and statewide use this statute to their advantage. You do not have to be a victim of this legal presumption. You have rights, and there are powerful defenses available. This is your life, and you don’t have to face this alone.
What This “Permissive Inference” Actually Means in Minnesota
Minnesota Statute § 609.672 is not a crime in itself. You cannot be charged with “violating the permissive inference.” Instead, it is a rule of evidence that gives the prosecution a major shortcut. It allows them to argue that because a firearm was found in a car you were driving or controlling, a judge or jury is permitted—but not required—to conclude that you knew it was there and possessed it. This is particularly dangerous when you are facing an underlying charge like Felon in Possession of a Firearm or Carrying a Pistol Without a Permit. It helps the state prove the critical element of “possession” without any direct evidence.
A “Minnesota permissive inference charge” is essentially a firearm charge where the state’s main proof of your connection to the gun is its presence in your car. This legal tool is frequently used in scenarios where it’s unclear who the firearm belongs to. Imagine you gave a friend a ride in Bloomington, and they left a pistol under the seat. Or you borrowed your cousin’s car in Plymouth, unaware they had a firearm in the glove box. When you get pulled over, you are the one “in control of the automobile,” and you become the primary target of the investigation. Understanding how to fight back against this inference is your first and most critical line of defense.
Minnesota Law on the Permissive Inference — Straight from the Statute
The law that allows the state to make this assumption is short, but its power is immense. The entire case against you can pivot on this single piece of legal text. To fight it, you must first understand what it says and, more importantly, what it doesn’t say.
The controlling statute is Minnesota Statute § 609.672, PERMISSIVE INFERENCE; FIREARMS IN AUTOMOBILES.
The presence of a firearm in a passenger automobile permits the fact finder to infer knowing possession of the firearm by the driver or person in control of the automobile when the firearm was in the automobile. The inference does not apply:
(1) to a licensed operator of an automobile who is at the time operating it for hire in the lawful and proper pursuit of the operator’s trade;
(2) to any person in the automobile if one of them legally possesses a firearm; or
(3) when the firearm is concealed on the person of one of the occupants.
Breaking Down How the Permissive Inference Works in Minnesota
The permissive inference is a legal weapon for the prosecution. To convict you of an underlying firearms crime (like Felon in Possession), they must prove beyond a reasonable doubt that you knowingly possessed the weapon. This statute helps them build that case. Here is how we break it down to defend you.
- The Inference: The core of the statute is the inference itself. If a firearm is found in a car you are driving, the jury is allowed to infer you possessed it. It’s not automatic proof. My job is to provide the jury with so many other reasonable explanations and so much doubt that relying on this inference becomes impossible. We will attack the very idea that proximity equals possession and show that the state has no real evidence connecting you to the weapon.
- The Exceptions: The statute itself provides three powerful shields. If any of these exceptions apply, the inference is legally blocked and cannot be used against you. Were you driving a taxi or Uber? That’s exception one. Was there a passenger in the car with a valid permit to carry? That’s exception two. Did another occupant have the gun hidden on their person? That’s exception three. A thorough investigation into the facts of your case is crucial to determining if one of these statutory defenses can end the case before it truly begins.
- The Underlying Charge: Remember, this inference is just a tool. It is used to convict you of a separate, serious crime. You might be charged with being a prohibited person in possession of a firearm—a felony that can send you to prison for years. Or you could be charged with carrying a pistol without a permit. We fight on two fronts: first, by attacking the permissive inference itself, and second, by building a strong defense to the actual crime you are accused of committing.
The Serious Penalties You Face When the Inference is Used
The permissive inference is the prosecutor’s key to unlock a conviction for a serious firearms offense. The penalties you face are not for the inference itself, but for the underlying crime they are trying to pin on you. These “penalties for firearm possession in Minnesota” can be severe and life-altering.
Felony Charges (e.g., Ineligible Person in Possession)
If the state uses the inference to convict you of being an ineligible person in possession of a firearm (Minn. Stat. § 624.713), you are facing a felony. The “Minnesota sentencing for firearm possession” in these cases can include:
- Up to 15 years in prison, with a mandatory minimum sentence of 5 years if you have a prior violent crime conviction.
- A fine of up to $30,000.
- A permanent felony record and a lifetime ban on ever possessing firearms or ammunition.
Gross Misdemeanor Charges (e.g., Carrying Without a Permit)
If the inference is used to convict you of carrying a pistol in a public place or vehicle without a permit (Minn. Stat. § 624.714), you are facing a gross misdemeanor for a first offense. The penalties include:
- Up to one year in jail.
- A fine of up to $3,000.
- A permanent criminal record that can impact your job and housing opportunities. A second offense is a felony.
What the Permissive Inference Looks Like in Real Life — Common Scenarios in Minnesota
This legal presumption often victimizes people in everyday situations, turning an innocent act into a criminal nightmare. Here are common scenarios where prosecutors lean heavily on § 609.672.
The Ride-Sharing Driver
You drive for Uber or Lyft to make extra money in the Twin Cities. After dropping off a passenger in downtown Minneapolis, you are pulled over for a minor traffic violation. The officer searches your vehicle and finds a handgun left behind by your last fare. Even though you are technically “operating for hire,” the prosecutor may still charge you and force you to prove the exception applies, turning your life upside down over a gun you never knew existed.
The Borrowed Car
Your car is in the shop, so you borrow your brother’s car to get to work in a St. Paul suburb like Eagan or Maple Grove. You are stopped for speeding, and the officer finds a pistol in the center console. Your brother has a permit to carry, but he isn’t in the car with you. Because you are the sole occupant and in control of the vehicle, the permissive inference allows the state to charge you with possession, forcing you into a legal battle to prove the gun wasn’t yours.
The Group Outing
You are driving with three friends to a concert in Duluth. One of your passengers has a firearm tucked into their waistband, concealed from view. During a traffic stop, the police order everyone out of the car and conduct a search, finding the weapon on your passenger. Despite the gun being found on someone else, the police arrest you as the driver, citing the “control” you had over the vehicle and leaving it to the courts to sort out who is responsible.
The Unknowing Owner
You buy a used car from a private seller in Rochester. You’ve had the car for weeks. One day, while cleaning it, you discover a firearm tucked away in a hidden compartment you never knew was there. Before you can decide what to do, you are involved in a minor fender-bender. The responding officer finds the weapon, and because it is in your car, the law allows them to infer it is yours, and you are charged with a crime.
Legal Defenses That Will Dismantle the State’s Inference
When your freedom is on the line because of a legal assumption, you need an aggressive defense that attacks the prosecution’s case from every angle. We will not let them win with a shortcut. We will force them to produce actual evidence, and when they can’t, we will demand a dismissal. Fighting the permissive inference requires a two-pronged strategy: first, directly rebutting the inference with facts and evidence, and second, challenging the broader theory of “constructive possession.”
Your entire future may depend on your attorney’s ability to show a jury why it is unreasonable to jump to the conclusion that you possessed the firearm. This is not just about presenting an alternative theory; it is about showing that the state’s case is weak, speculative, and inconsistent with justice. We will investigate every detail of the traffic stop, the search, and the firearm itself to build the strongest possible “defenses to firearm possession in Minnesota.”
Proving One of the Statutory Exceptions Applies
The law itself gives us three powerful “off-ramps” to defeat the inference. If we can prove any one of these, the state’s shortcut is legally blocked.
- You were a licensed operator for hire. If you were driving a taxi, Uber, Lyft, or any other vehicle for hire as part of your job, the inference does not apply to you. We can use company records, app data, and your employment history to prove this exception and get the charge dismissed.
- Another occupant legally possessed the firearm. If a passenger in your car had a valid Minnesota Permit to Carry or was otherwise legally allowed to possess the firearm (e.g., in a case on their way to a shooting range), the inference is defeated. We will need to get a statement from that passenger or present their permit to the court.
- The firearm was concealed on another person. If the gun was found in a passenger’s pocket, purse, or waistband, the inference against you, the driver, does not apply. Police reports and body camera footage are critical here, as they document exactly where and on whom the weapon was found.
Challenging the Theory of Constructive Possession
Even if a statutory exception doesn’t apply, we will attack the core of the state’s case: their claim that you “constructively possessed” the weapon. This means showing that you had no knowledge of the firearm’s presence and no intent to control it.
- Lack of Knowledge. We will build a case to show you had no idea the gun was in the car. This can involve your testimony, the testimony of the true owner, and evidence showing your limited connection to the vehicle (e.g., you had just borrowed it).
- No Dominion or Control. We can argue that even if you knew the gun was there, you did not exercise control over it. Was it in a locked glove box you couldn’t access? Was it in a passenger’s zipped bag? We will highlight facts that show the firearm was exclusively under someone else’s control.
- Insufficient Evidence. The inference alone is often not enough for a conviction if there is no other corroborating evidence. We will point out the lack of your fingerprints on the weapon, your DNA, or any other forensic evidence linking you to the firearm.
Unlawful Search and Seizure
If the police found the firearm by violating your Fourth Amendment rights, the evidence is inadmissible in court. If the gun is thrown out, the entire case against you collapses.
- Illegal Traffic Stop. Did the police have a legitimate, articulable reason to pull you over in the first place? If the stop was based on a hunch or illegal profiling, all evidence found during the stop must be suppressed.
- Unlawful Search of the Vehicle. Did you consent to the search? If not, did the police have probable cause to believe your vehicle contained evidence of a crime? We will scrutinize the police reports and bodycam footage to identify any constitutional violations that can be used to defeat the charges.
Minnesota Permissive Inference FAQs — What You Need to Know Now
Will I go to jail if a gun is found in my car?
It is a serious risk. The permissive inference is used to convict you of underlying crimes, like Felon in Possession, that carry lengthy prison sentences. However, an inference is not a conviction. A strong legal defense can expose the weaknesses in the state’s case, leading to a dismissal, acquittal, or a resolution that avoids jail time entirely.
Can a firearms charge based on the permissive inference be dismissed?
Yes, absolutely. If we can prove one of the statutory exceptions applies (e.g., another passenger had a permit), or if we can show the police conducted an illegal search, the case can be dismissed. We can also present evidence to the prosecutor that shows you had no knowledge of the firearm, convincing them to drop the charges before trial.
I was just driving the car. Why am I the one being charged?
You are being charged because you were the person “in control of the automobile,” which is the exact person Minnesota Statute § 609.672 targets. Police and prosecutors often take the path of least resistance, charging the driver and leaving it up to the court system to sort out the truth. This is unfair, but it is why you need a tenacious lawyer to fight for you.
How do I prove the gun belonged to my passenger?
Proving the gun belonged to someone else involves gathering evidence. This could be a sworn statement or testimony from the passenger admitting ownership. If they have a valid Permit to Carry, a copy of that permit is crucial evidence. We can also use forensic evidence (or the lack thereof) to show you never handled the weapon.
What is the difference between this “inference” and “constructive possession”?
The permissive inference is a specific legal rule that helps the state prove constructive possession. Constructive possession is the broader legal theory that you can possess something even if it’s not on your person. The inference allows a jury to conclude you had constructive possession just because you were driving the car.
Does this law apply if the gun was in my trunk?
Yes. The statute applies to the entire “passenger automobile.” Whether the firearm is found under a seat, in the glove box, or in the trunk, the permissive inference can still be used against the driver or person in control of the vehicle.
What if my passenger had a permit to carry, but they won’t cooperate?
This is a challenging situation. If the passenger with the permit is unwilling to testify (perhaps fearing they will face charges themselves), it makes proving the exception more difficult. However, we can still subpoena them to court or use other evidence, like your testimony, to argue the exception to the jury.
I’m a taxi driver. Am I automatically protected?
The statute provides an exception for licensed operators for hire, but you will still have to prove it. This means providing evidence of your employment, your chauffeur’s license, and potentially ride-share data showing you were actively working at the time. You cannot assume the prosecutor will simply concede the issue.
Can I be convicted based on the inference alone?
It is unlikely, but possible. A conviction requires proof beyond a reasonable doubt. A defense attorney will argue forcefully to a jury that a legal inference, without any supporting evidence like fingerprints, DNA, or your admission, is not enough to meet that high standard and convict a person of a serious crime.
What underlying crimes is this inference used for?
It is most commonly used to support charges for (1) Ineligible Person in Possession of a Firearm (often called “Felon in Possession”), a felony, and (2) Carrying a Pistol Without a Permit, a gross misdemeanor for a first offense.
How does a lawyer fight this in court?
A lawyer fights this by filing pretrial motions to suppress the evidence if there was an illegal search. In court, your lawyer will cross-examine the police officer about the stop and where the gun was found, present evidence supporting one of the statutory exceptions, and argue to the jury that it is not reasonable to infer you possessed the weapon.
What if I am not a U.S. citizen?
A firearms conviction can have devastating immigration consequences, including deportation, even if you are a lawful permanent resident. It is absolutely critical that you fight the charge aggressively, because a conviction could mean being permanently barred from the United States.
How much does it cost to hire a lawyer to fight a firearms charge?
The cost of a legal defense is an investment in your future. The cost of a felony conviction is catastrophic—prison time, fines, and a lifetime of lost opportunities. I offer a clear fee structure and will work with you to make a powerful, effective defense affordable.
What is the first thing I should do if I am charged?
Do not speak to the police. Politely invoke your right to remain silent and your right to an attorney. Do not try to explain the situation or argue your innocence, as anything you say can be used against you. Your first and only call should be to an experienced criminal defense attorney.
I live in Greater Minnesota. Can you help me?
Yes. My practice extends across the entire state of Minnesota. Whether you were charged in Moorhead, Mankato, or International Falls, I have the experience and willingness to travel to your local courthouse and provide the aggressive defense you deserve.
What a Conviction Could Mean for the Rest of Your Life
If the state successfully uses the permissive inference to convict you of a firearm offense, the consequences extend far beyond the courtroom. A conviction creates a permanent shadow that follows you for life, creating obstacles to even the most basic goals.
Permanent Loss of Firearm Rights
A felony conviction for a crime like Ineligible Person in Possession of a Firearm results in a lifetime ban on possessing firearms and ammunition under both state and federal law. This is not a temporary suspension; it is a permanent revocation of your Second Amendment rights. Even a gross misdemeanor conviction can lead to a loss of rights while on probation and make it impossible to get a permit to carry in the future.
The Criminal Record and Your Career
Virtually every employer conducts background checks. A firearms conviction on your record is a major red flag that will cause most employers to move on to the next applicant. It can prevent you from obtaining or maintaining professional licenses in fields like nursing, trucking, and education. The “criminal record consequences for firearm possession” can effectively end your career path and severely limit your earning potential for life.
Loss of Housing and Educational Opportunities
Landlords are just as wary of criminal records as employers. A conviction for a weapons offense can lead to immediate denials of rental applications, making it incredibly difficult to find safe, stable housing for you and your family. Furthermore, many colleges and universities may deny admission or financial aid to individuals with a criminal record, closing the door on opportunities for advancement.
Immigration Consequences and Deportation
For non-citizens, including legal permanent residents (green card holders), a firearms conviction is one of the most serious offenses under immigration law. It is often classified as an “aggravated felony,” which can trigger mandatory deportation proceedings. There is very little relief available for such convictions, meaning you could be permanently separated from your family and your life in the United States.
Why You Need a Tough, Experienced Minnesota Firearms Attorney
When the law itself seems to be stacked against you, you cannot afford a passive defense. You need a trial-ready attorney who will go on the offensive, challenge the state’s assumptions, and fight for your rights at every turn. The prosecutor has the power of the state behind them; you need an advocate who is solely dedicated to your cause.
The Advantage of a Private Lawyer
Public defenders are dedicated attorneys, but they are often forced to handle hundreds of cases at once. They may not have the time or resources to conduct the detailed investigation that a case involving the permissive inference requires—interviewing all passengers, subpoenaing records, and hiring forensic experts. As a private attorney, I limit my caseload specifically so I can give your case the personal attention and robust defense it deserves. You will work directly with me, and I will be the one fighting for you in court.
How Fast Action Can Change the Outcome
The most crucial time in a criminal case is the very beginning. By retaining a “Minnesota firearm defense attorney” immediately, we can get ahead of the prosecution. We can contact and interview passengers before the police do. We can secure affidavits and other evidence to prove one of the statutory exceptions applies. This early intervention can convince a prosecutor to drop the charges before they are even formally filed, saving you from a long, stressful, and public court battle.
Understanding the Local Court Systems Across Minnesota
I have defended clients in courtrooms across this state, from the Hennepin County Government Center in Minneapolis to the rural courthouses in Greater Minnesota. I know the local legal landscape. I understand the tendencies of prosecutors in different counties and what arguments are most persuasive to local judges. This firsthand, statewide experience is a significant advantage when negotiating a resolution or presenting your case at trial. It allows me to tailor a defense strategy that is most effective for the specific venue you are in.
Building a Case That Gets Results
My goal is to win. That may mean a full dismissal of the charges. It may mean convincing a jury that the state’s inference is unreasonable and that you are not guilty. It may mean negotiating a favorable outcome that keeps a felony off your record and protects your future. I prepare every case as if it is going to trial. This aggressive, thorough preparation shows the prosecutor we are serious and often leads to the best possible results for my clients, whether in the courtroom or at the negotiating table.