As a former prosecutor in the Dakota County Attorney’s Office, James Blumberg has experience on both sides of the criminal courtroom. He knows how to fight to get charges reduced or dismissed for clients in the Twin Cities area.Read More
Firearm Possession in a Prohibited Place
The Minnesota Citizens' Personal Protection Act of 2003 gave residents the right to carry as many pistols, revolvers, shotguns, or rifles as they wish in a concealed or exposed manner so long as they obtained necessary permits. While the Minnesota Citizens' Personal Protection Act was passed in recognition and declaration that the Second Amendment of the United States Constitution guarantees the fundamental, individual right to keep and bear arms, the right is still subject to regulations—including specific places that firearms may be carried.
When a permit holder possesses a firearm in a prohibited location, he or she could face criminal charges. In many case, alleged offenders were simply unaware of the prohibition or may have even forgotten that they were armed.
Lawyer for Firearm Possession in a Prohibited Place in Apple Valley, MN
Were you recently arrested anywhere in the Twin Cities for allegedly possessing a firearm in a prohibited location? You should immediately contact James Blumberg Law for help possibly achieving a reduction or dismissal of the criminal charges.
James Blumberg is an experienced criminal defense attorney in Apple Valley who represents clients accused of firearm offenses all over the greater Dakota County area, including Lakeville, Maple Grove, Minnetonka, Plymouth, St. Cloud, and Woodbury. Call (952) 431-7758 right now to have our lawyer review your case and answer all of your legal questions during a free initial consultation.
Overview of Prohibited Firearm Possession Locations in Minnesota
- Which types of places in Minnesota is it illegal to carry a firearm?
- What are the kinds of locations that firearms may or may not be prohibited?
- Where can I find more information about firearm laws in Apple Valley?
With the exception of authorized peace officers, state and federal law generally prohibits people from carrying firearms in certain locations. People can face criminal charges for possessing a firearm in any of the following locations:
- State Correctional Facilities or State Hospitals — Minnesota Statute § 243.55 makes it a gross misdemeanor punishable by up to one year in jail and/or a fine up to $3,000 for any person to possess a firearm in any state correctional facility or state hospital, or within or upon the grounds belonging to or land or controlled by any such facility or hospital.
- Courthouse or Certain State Buildings — Minnesota Statute § 609.66 makes it a felony punishable by up to five years in prison and/or a fine up to $10,000 for any person to possess a firearm in any courthouse complex or any state building within the Capitol Area, as outlined in Minnesota Statute § 15B.02, other than the National Guard Armory.
- Federal Facilities or Federal Court Facilities — Title 18 U.S. Code § 930 makes possession of a firearm in a federal court facility punishable by a fine and/or up to two years in prison. The same statute makes possession of a firearm in any other kind of federal facility punishable by a fine and/or up to one year in prison.
People can face criminal charges for possession of firearms in other types of places in Minnesota that may or may not prohibit weapons on the property. In some cases, people may be allowed to possess firearms with permission from the property owner.
A few of the types of locations at which firearm possession may be prohibited include:
- Jail, Lockup, or Correctional Facility — Minnesota Statute § 641.165 makes it a felony punishable by up to five years in prison for any person to possess a firearm in any jail, lockup, or correctional facility without the consent of the person in charge.
- School Property — Minnesota Statute § 641.165 makes it a felony punishable by up to five years in prison and/or a fine up to $10,000 for any person to possess a firearm while knowingly on school property (defined as a public or private elementary, middle, or secondary school building and its improved grounds, whether leased or owned by the school; a licensed child care center during the period children are present and participating in a child care program; the area within a school bus when that bus is being used by a school to transport one or more elementary, middle, or secondary school students to and from school-related activities, including curricular, cocurricular, noncurricular, extracurricular, and supplementary activities; and that portion of a building or facility under the temporary, exclusive control of a public or private school, a school district, or an association of such entities where conspicuous signs are prominently posted at each entrance that give actual notice to persons of the school-related use). Certain people may be authorized to carry firearms with the written permission of the principal or other person having general control and supervision of the school or the director of a child care center.
- Private Establishments — Minnesota Statute § 624.714 makes it a petty misdemeanor punishable by a fine of up to $25 for any person to possess a firearm on or about his or her person or clothes at a private establishment knowing that the operator of the establishment or its agent has made a reasonable request that firearms not be brought into the establishment. The owner or operator of a private establishment cannot prohibit the lawful carry or possession of firearms in a parking facility or parking area.
Minnesota Statute § 624.714 also allows employers and public postsecondary institutions to establish policies that restrict the carry or possession of firearms by employees or students, respectively. Violations can result in employment or academic-related sanctions.
Gun Permits | Dakota County Sheriff's Office — Visit this section of the sheriff’s website to get a helpful overview of how to apply for a permit to purchase firearms in Dakota County. Learn who is eligible and what is required when applying.
Dakota County Sheriff's Office
1580 Highway 55
Hastings, MN 55033
National Rifle Association of America Institute for Legislative Action (NRA-ILA) | Minnesota Gun Laws — The ILA is the lobbying arm of the NRA, and this website provides an overview of gun laws in Minnesota. You can also find definitions, recent news, and map of concealed carry reciprocity in the United States.
James Blumberg Law | Apple Valley Firearm Possession in a Prohibited Place Lawyer
If you were arrested in the Minneapolis-St. Paul area for allegedly possessing a firearm in a prohibited location, it is in your best interest to immediately seek legal representation. James Blumberg Law aggressively defends clients all over Anoka County, Carver County, Dakota County, Hennepin County, Ramsey County, Scott County, and Washington County.
Apple Valley criminal defense attorney James Blumberg fights to protect the rights of clients in Blaine, Bloomington, Brooklyn Park, Burnsville, Coon Rapids, Eagan, Eden Prairie, and many surrounding communities. He can provide a full evaluation of your case when you call (952) 431-7758 or submit an online contact form to set up a free, confidential consultation.