Updates to Minnesota Law or Pending Legal Issues
Update from the Minnesota Bureau of Criminal Apprehension (BCA): August 2023
Minnesota Supreme Court, 07/31/2024, Minnesota vs. Belvins; regarding duty to retreat prior to making a threat of force.
Other Resources:
Permit-to-carry authorizes permit holder to carry rifle or shotgun - 624.7181 Subd. 1 (b) (3) (exclusion: when in your vehicle. 97B.045 per AG, DNR & BCA)
Killing of dogs in certain cases: Minnesota statute 347.17
Permit to Carry a Pistol Application from the MN BCA WEB site
Permit to Purchase / Transfer Application from the MN BCA WEB site
Minnesota Court Forms
How to apply for a permit to carry a firearm in Hennepin County
Notable MN Court Cases
Supreme Court of Minnesota Berton M. Atkinson - Carry of firearms is not an absolute right and may be restricted.
Supreme Court of Minnesota Lonnie Austin - Outside the home there is a duty to retreat to avoid danger if retreat can be done so in complete safety.
Supreme Court of Minnesota Jeffrey Warren Baird - No duty to retreat from ones home, even if the aggressor is a co-resident.
Supreme Court of Minnesota Jack Allen Basting - Experience as a boxer does not automatically convert a fist to a dangerous weapon.
Supreme Court of Minnesota Boyce - Outlines the three factors that must exist in order for homicide to be justified under 609.06 and 609.065
Supreme Court of Minnesota Tony Lamar Carothers - No duty to retreat from ones home but the use of force, including deadly force, must be reasonable for the circumstance.
Court of Appeals Minnesota Anthony Carter
Court of Appeals Minnesota William Glowacki
Supreme Court of Minnesota William Glowacki - No duty to retreat from ones home but the use of force, including deadly force, must be reasonable for the circumstance.
Court of Appeals Minnesota Mario Gerald Grillo
Supreme Court of Minnesota Eli Hare, Jr.
Court of Appeals Minnesota Charles Edward Hicks - Apartment hallways, even in secured buildings, are considered "public" and carry of a firearm requires a permit.
Court of Appeals Minnesota Kevin Lemont Holmes
Supreme Court of Minnesota Kevin Lemont Holmes
Court of Appeals Minnesota Ronald Clifford Linville
State of of Minnesota Thomas Jerome McCuiston - Defense of dwelling in 609.065 requires the "reasonable" test in 609.06.
Court of Appeals Minnesota Robert Alan Nelson, Jr.
Court of Appeals Minnesota Mark Christian Palmer
Court of Appeals Minnesota Akeem Pendleton
Supreme Court Minnesota Akeem Pendleton
Court of Appeals Minnesota Donald Joseph Poupard
Court of Appeals Minnesota Abdulla Omar Reed
Court of Appeals Minnesota Phyllis Eugenia Taylor
State of Minnesota Kristi Kathleen Wood
Court of Appeals Minnesota David Lee Haywood - Affirmed. A BB gun is a firearm within the meaning of prohibited possession of a firearm under Minn. Stat. § 609.165, subd. 1b(a) (2012).
State of Minnesota David Lee Haywood (Oct 19, 2016) Prior conviction reversed and vacated. A BB gun is NOT a firearm under statute 609.165
Note: Defense of dwelling when the aggressor and defender both live in the dwelling:
"Defense of dwelling is a defense based on property rights and thus is only available against one who does not have rights to the dwelling. State v. Hare, 575 N.W.2d 828, 832 (Minn.1998). The defense of dwelling defense is not appropriate when the party against whom the force is used has rights to the dwelling as well." State v. Glowacki (July 12, 2001).
Books:
Minnesota Permit to Carry a Firearm by Michael Martin
Everything You Need to Know About (Legally) Carrying a Handgun in Minnesota by Joel Rosenberg
Courtroom Handbook of Minnesota Evidence, 2013 Edition, Peter N. Thompson and David F. Herr
Minnesota Attorney Listing
Visit The Shooters' Bar WEB site.
Gun Shops
Bills Gun Shop & Range
Burnsville Pistol Range (FFL transfers & range only)