A “duty to retreat” resides in Minnesota law. This means that if someone feels threatened, s/he may only use deadly force as a last resort. This is in direct opposition to “stand your ground” laws common in other states. However, this duty to retreat is inapplicable in someone’s home if said individual reasonably believes s/he or anyone else in the home may be subject to great bodily harm or death by another or that the intruder is committing another felony. This is called the “castle doctrine.”
Permits
There are no licensing or registration requirements in Minnesota. Further, even though Minnesota does have an open carry provision, it is not aligned with traditional open carry laws. In Minnesota, a special permit is required to open carry any firearm. Permits are issued by the sheriff’s department in the county where the applicant lives.
There is no stipulation in the law as to whether the weapon must be concealed. Thus, anyone with a Minnesota Permit to Carry a Pistol (PCP) may carry concealed. Also, permits are not required for transporting a firearm or keeping it at home or at one’s place of work.
Prior to 2003, Minnesota was a “may issue” state which means permits were provided on a discretionary basis. However, now, Minnesota is a “shall issue” state which means any carry permits are granted provided the applicant meets the basic requirements.
In order to obtain a carry permit, an individual must:
- Be over 21
- Be a permanent United States resident
- Fill out an application
- Be a resident in the country in which s/he is applying
- Pass a mental health and criminal background check
- Not be a person of interest in an ongoing criminal investigation
- Provide evidence of completion of a firearm safety course within one year of the application
With respect to reciprocity, Minnesota honors all permits from states with similar requirements.
Self-defense
In order to claim self-defense in a shooting incident, the following conditions must be met. First, there was no aggression by the defendant. Next, the defendant believed s/he or others were in imminent danger of great bodily harm or death. Third, the defendant’s belief must be reasonable. Finally, the defendant had no reasonable possibility to retreat.
Private sales
The state does not require background checks for private firearm sales unless the seller is a federally licensed firearm dealer. However, if a private transfer is made to a prohibited individual who uses the gun during the commission of a violent felony within one year of the transfer, then the private seller can face gross misdemeanor charges.
Assault weapons
Whereas some states have restrictions on “military” style or “assault” weapons and high-capacity magazines, Minnesota has no restriction. Instead, the law states that anyone 18 years of age and older may purchase an assault weapon with a permit to purchase, while anyone 21 and over may purchase one with a permit to carry.
Other restrictions
There are certain places where an individual may not carry a firearm, even with a permit. Such places include:
- Schools and school buses
- Childcare centers if children are present
- State hospitals
- State detention or correctional facilities
- Courthouses (without special permission) including any courtroom or office therein
- Any federal facility
- Private establishments if posted or asked to leave by the owner or agent
- Places of employment, both public and private, if the employer restricts firearm possession by employees
