Omar Bennett
Minnesota does not currently have constitutional carry, also known as permitless carry. However, there have been several attempts to pass a constitutional carry bill in the state. In January 2022, a bill was filed in the Minnesota Senate that would have removed the requirement for a permit to carry a gun within the state. In 2023, a federal judge struck down a Minnesota law that required individuals to be at least 21 years old to obtain a permit to carry a handgun in public, ruling that it violated the Second Amendment. Despite these efforts, as of December 2024, Minnesota still requires individuals to obtain a permit to carry a firearm, and firearms training is mandatory as part of the application process.
| Characteristics | Values |
|---|---|
| Constitutional carry legislation | Also known as "Permitless Carry" |
| Permitless carry | Includes constitutional carry states and states where an individual must meet certain qualifications to legally carry |
| Minnesota gun laws | Gun owners must apply for a five-year permit at their county sheriff's office |
| Minnesota Constitutional Carry Bill | Aims to repeal the "permit to purchase" requirement that mandates law-abiding individuals seek government permission before buying a weapon |
| Minnesota's 21-year age minimum for handgun carry permits | Struck down by a federal judge in March 2023 |
| Minnesota Supreme Court ruling | The law requiring individuals to have a permit to carry a handgun does not violate the Second Amendment |
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What You'll Learn
- Minnesota does not have a Constitutional right to keep and bear arms
- Minnesota's 21-year age minimum for handgun carry permits was struck down
- Minnesota statutes require permit applicants to present evidence of training
- Minnesota Supreme Court upholds the state's permit-to-carry law as constitutional
- Minnesota Constitutional Carry Bill would repeal the permit to purchase requirement
Minnesota does not have a Constitutional right to keep and bear arms
Minnesota does not have a state constitutional right to keep and bear arms. While the Second Amendment of the U.S. Constitution protects an individual's right to carry a handgun in public for self-defense, Minnesota law requires individuals to obtain a permit to carry a firearm. This is known as "Permitless Carry" or "Constitutional Carry" legislation, and it is currently not in force in Minnesota.
In January 2022, a "Constitutional Carry" bill was proposed in the Minnesota Senate, which would have removed the requirement for a permit to carry a firearm within the state. The bill, known as SF88, was sponsored by Sen. Mark Koran (R) and three other Republican cosponsors. Under the proposed law, anyone legally allowed to own a gun could carry it without a state-issued permit, although they could still apply for one. This bill was referred to as the "Minnesota Constitutional Carry bill" and was intended to foster an environment hostile to federal gun control.
The Minnesota Supreme Court has upheld the state's permit-to-carry law as constitutional, ruling that it does not violate the Second Amendment. This ruling was made in the case of Nathan Hatch, who was charged with carrying a pistol without a permit in 2018. However, in March 2023, a federal judge struck down Minnesota's law requiring individuals to be at least 21 years old to obtain a permit to carry a handgun in public, finding that it violated the right to bear arms under the Second Amendment.
While Minnesota does not have a state constitutional right to keep and bear arms, it is important to note that the state recognizes the principles of the Castle Doctrine. This means that Minnesota law allows individuals to use deadly force if they reasonably believe that they or another person are at risk of great bodily harm or death, or to prevent a felony from occurring in their home. Additionally, Minnesota has reciprocity agreements with states that have similar handgun carry permit laws, and it honors permits from those states.
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Minnesota's 21-year age minimum for handgun carry permits was struck down
Minnesota previously had a minimum age requirement of 21 years to obtain a permit to carry a handgun in public. However, this law was struck down by U.S. District Judge Katherine Menendez in March 2023. The judge ruled that the age restriction violated the Second Amendment of the U.S. Constitution, which protects an individual's right to bear arms. This decision was based on a 2022 U.S. Supreme Court ruling, which stated that regulations on guns should be evaluated in the context of the nation's "historical tradition" of gun regulation rather than public safety concerns.
The lawsuit against Minnesota's 21-year age minimum for handgun carry permits was filed in 2021 by three gun rights groups and three individuals. The plaintiffs, including gun rights groups Minnesota Gun Owners Caucus, Firearms Policy Coalition, and Second Amendment Foundation, argued that the age restriction violated the Second Amendment. They asserted that 18- to 20-year-olds were permitted to possess guns at the founding of the United States, and therefore, the age restriction was unconstitutional. The case was bolstered by the U.S. Supreme Court's ruling in New York State Rifle and Pistol Association v. Bruen, which affirmed an individual's right to carry a handgun in public for self-defense.
Judge Menendez expressed reservations about the historical analysis demanded by the Supreme Court, noting that judges are not historians. However, she concluded that there were no historical laws comparable to Minnesota's age restriction and that the Supreme Court's decision in Bruen required her to strike down the law. The ruling ordered Minnesota to stop enforcing the ban on 18- to 20-year-olds obtaining a permit to carry a handgun in public. This decision aligned with the expansion of gun rights nationwide and marked a legal defeat for state gun control measures.
In July 2024, the Eighth Circuit Court struck down the law prohibiting 18- to 20-year-olds from obtaining a Permit to Carry a Pistol in Minnesota. This development further solidified the right of young adults in Minnesota to legally carry handguns in public. As a result, Minnesota offers resident and non-resident permits, with non-residents being able to apply at any sheriff's office. While Minnesota requires individuals to obtain a permit to carry a pistol, it does not mandate a permit, background check, or firearm registration when purchasing a handgun from a private individual.
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Minnesota statutes require permit applicants to present evidence of training
While Minnesota does not have a Constitutional right to keep and bear arms, it does have laws in place that allow for the carrying of firearms. These laws include a duty to retreat, meaning that if a person feels threatened, they may only use deadly force as a last resort. Minnesota also recognises the principles of the Castle Doctrine, allowing a person to use deadly force if they reasonably believe that they or someone else are at risk of great bodily harm or death, or to prevent a felony from occurring in their home.
In terms of permits, Minnesota statutes require applicants to present evidence of training. This can be demonstrated in a few ways, including completion of a firearms safety or training course that provides basic training in the safe use of a pistol, conducted by a certified instructor. Alternatively, applicants can demonstrate training through employment as a peace officer in Minnesota within the past year. It is important to note that members of the military, despite their firearms training, must still receive training from an instructor certified by an approved business organisation in Minnesota.
The application process for a permit in Minnesota involves submitting an official, standardised application form, which includes personal information such as the applicant's name, residence, telephone number, and driver's license or state identification card number. The form must also include a statement authorising the release of commitment information to the sheriff. In addition to the application form, other related documentation must be submitted in person to the sheriff in the county where the applicant resides. Non-residents may apply to any Minnesota county sheriff.
The state of Minnesota has seen some recent changes to its gun laws, with a federal judge striking down the law requiring individuals to be at least 21 years old to obtain a permit to carry a handgun in public. This change brings Minnesota's laws more in line with the Second Amendment of the U.S. Constitution, which protects an individual's right to carry a handgun in public for self-defence.
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Minnesota Supreme Court upholds the state's permit-to-carry law as constitutional
Minnesota does not have constitutional carry, also known as permitless carry. The Minnesota Supreme Court has upheld the state's permit-to-carry law as constitutional. The ruling came in the case of Nathan Hatch, who was charged with carrying a pistol without a permit in 2018.
Hatch was approached by airport police when his truck broke down near the Minneapolis-St. Paul International Airport. He informed the officers that he believed there was a handgun in a backpack in his vehicle and that he did not have a permit to carry it. The police found a loaded, uncased gun in Hatch's backpack and arrested him. He was charged with carrying or possessing a pistol without a permit and convicted of a gross misdemeanor.
Hatch appealed his conviction, arguing that the state's permit-to-carry law violated his right to bear arms under the Second Amendment and failed to survive strict scrutiny because it was not narrowly tailored to advance the state's interests in public safety. However, the Minnesota Supreme Court disagreed, ruling that the law is constitutional and does not violate the Second Amendment. The court found that the law explicitly states when a permit is required and also allows for circumstances when a permit is not needed, such as when at home or hunting.
The justices also noted that it is not difficult to obtain a permit to carry in Minnesota as long as specific criteria are met. They wrote, "it is hard to imagine a less restrictive firearm permitting scheme than the one provided by the permit-to-carry statute and its related provisions." Law-abiding citizens over the age of 21 need to show that they have passed a gun safety course and are not a danger to themselves or others to obtain a permit to carry a handgun in public.
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Minnesota Constitutional Carry Bill would repeal the permit to purchase requirement
Minnesota does not have constitutional carry, but there are ongoing efforts to pass constitutional carry legislation in the state. The Minnesota Constitutional Carry Bill, also known as the Permitless Carry Bill, seeks to repeal the state's permit-to-purchase requirement for firearms.
Currently, Minnesota requires individuals to obtain a permit before carrying a firearm in public. This includes both open carry and concealed carry. The state also mandates that individuals undergo background checks and receive gun safety training to obtain a permit. However, the Constitutional Carry Bill aims to remove these requirements, allowing individuals to carry firearms in public without a permit, background check, or training.
Proponents of the bill argue that it protects an individual's right to carry a handgun in public for self-defense, as guaranteed by the Second Amendment of the U.S. Constitution. They cite the U.S. Supreme Court ruling in New York State Rifle and Pistol Association v. Bruen, which established that the Second Amendment protects an individual's right to carry a handgun in public.
On the other hand, opponents of the bill raise concerns about public safety. They argue that repealing the permit-to-purchase requirement will make it easier for individuals with a history of violence or lawlessness to obtain firearms. They also highlight the potential impact on law enforcement officers, who may find it challenging to distinguish between law-abiding citizens and those with malicious intentions. Additionally, opponents point out that the bill could lead to an increase in gun violence, as evidenced by higher gun death rates in states with similar permitless carry laws.
The Minnesota Constitutional Carry Bill remains a subject of debate, with passionate arguments from both supporters and critics. While it seeks to uphold Second Amendment rights, there are valid concerns about the potential consequences for public safety and law enforcement. As the discussion around gun laws and regulations continues, the future of the Minnesota Constitutional Carry Bill remains uncertain.
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Frequently asked questions
No, Minnesota does not have constitutional carry. However, in 2023, a federal judge struck down a Minnesota law that required a person to be at least 21 years old to obtain a permit to carry a handgun in public.
Constitutional carry, also known as "permitless carry", removes the need for a law-abiding citizen to obtain a government permit to carry a firearm.
The Minnesota Constitutional Carry Bill was filed in the Minnesota Senate in January 2022. If passed, it would allow individuals to carry a gun without a state-issued permit, although they would still be able to apply for one.
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