Subdivision 1.Misdemeanor and gross misdemeanor crimes.
(a) Whoever does any of the following is guilty of a crime and may be sentenced as provided in paragraph (b):
(1) recklessly handles or uses a gun or other dangerous weapon or explosive so as to endanger the safety of another; or
(2) intentionally points a gun of any kind, capable of injuring or killing a human being and whether loaded or unloaded, at or toward another; or
(3) manufactures or sells for any unlawful purpose any weapon known as a slungshot or sand club; or
(4) manufactures, transfers, or possesses metal knuckles or a switch blade knife opening automatically; or
(5) possesses any other dangerous article or substance for the purpose of being used unlawfully as a weapon against another; or
(6) outside of a municipality and without the parent's or guardian's consent, furnishes a child under 14 years of age, or as a parent or guardian permits the child to handle or use, outside of the parent's or guardian's presence, a firearm or airgun of any kind, or any ammunition or explosive.
Possession of written evidence of prior consent signed by the minor's parent or guardian is a complete defense to a charge under clause (6).
(b) A person convicted under paragraph (a) may be sentenced as follows:
(1) if the act was committed in a public housing zone, as defined in section152.01, subdivision 19, a school zone, as defined in section152.01, subdivision 14a, or a park zone, as defined in section152.01, subdivision 12a, to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both; or
(2) otherwise, including where the act was committed on residential premises within a zone described in clause (1) if the offender was at the time an owner, tenant, or invitee for a lawful purpose with respect to those residential premises, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.
Subd. 1a.Felony crimes; suppressors; reckless discharge.
(a) Whoever does any of the following is guilty of a felony and may be sentenced as provided in paragraph (b):
(1) sells or has in possession a suppressor that is not lawfully possessed under federal law;
(2) intentionally discharges a firearm under circumstances that endanger the safety of another; or
(3) recklessly discharges a firearm within a municipality.
(b) A person convicted under paragraph (a) may be sentenced as follows:
(1) if the act was a violation of paragraph (a), clause (2), or if the act was a violation of paragraph (a), clause (1) or (3), and was committed in a public housing zone, as defined in section152.01, subdivision 19, a school zone, as defined in section152.01, subdivision 14a, or a park zone, as defined in section152.01, subdivision 12a, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; or
(2) otherwise, to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both.
(c) As used in this subdivision, "suppressor" means any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.
Subd. 1b.Felony; furnishing to minors.
Whoever, in any municipality of this state, furnishes a minor under 18 years of age with a firearm, airgun, ammunition, or explosive without the prior consent of the minor's parent or guardian or of the police department of the municipality is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both. Possession of written evidence of prior consent signed by the minor's parent or guardian is a complete defense to a charge under this subdivision.
Subd. 1c.Felony; furnishing dangerous weapon.
Whoever recklessly furnishes a person with a dangerous weapon in conscious disregard of a known substantial risk that the object will be possessed or used in furtherance of a felony crime of violence is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
Subd. 1d.Possession on school property; penalty.
(a) Except as provided under paragraphs (d) and (f), whoever possesses, stores, or keeps a dangerous weapon while knowingly on school property is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
(b) Whoever uses or brandishes a replica firearm or a BB gun while knowingly on school property is guilty of a gross misdemeanor.
(c) Whoever possesses, stores, or keeps a replica firearm or a BB gun while knowingly on school property is guilty of a misdemeanor.
(d) Notwithstanding paragraph (a), (b), or (c), it is a misdemeanor for a person authorized to carry a firearm under the provisions of a permit or otherwise to carry a firearm on or about the person's clothes or person in a location the person knows is school property. Notwithstanding section609.531, a firearm carried in violation of this paragraph is not subject to forfeiture.
(e) As used in this subdivision:
(1) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch or less in diameter;
(2) "dangerous weapon" has the meaning given it in section609.02, subdivision 6;
(3) "replica firearm" has the meaning given it in section609.713; and
(4) "school property" means:
(i) a public or private elementary, middle, or secondary school building and its improved grounds, whether leased or owned by the school;
(ii) a child care center licensed under chapter 142B during the period children are present and participating in a child care program;
(iii) 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
(iv) 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.
(f) This subdivision does not apply to:
(1) active licensed peace officers;
(2) military personnel or students participating in military training, who are on-duty, performing official duties;
(3) persons authorized to carry a pistol under section624.714while in a motor vehicle or outside of a motor vehicle to directly place a firearm in, or retrieve it from, the trunk or rear area of the vehicle;
(4) persons who keep or store in a motor vehicle pistols in accordance with section624.714or624.715or other firearms in accordance with section97B.045;
(5) firearm safety or marksmanship courses or activities conducted on school property;
(6) possession of dangerous weapons, BB guns, or replica firearms by a ceremonial color guard;
(7) a gun or knife show held on school property;
(8) possession of dangerous weapons, BB guns, or replica firearms with written permission of the principal or other person having general control and supervision of the school or the director of a child care center; or
(9) persons who are on unimproved property owned or leased by a child care center, school, or school district unless the person knows that a student is currently present on the land for a school-related activity.
(g) Notwithstanding section471.634, a school district or other entity composed exclusively of school districts may not regulate firearms, ammunition, or their respective components, when possessed or carried by nonstudents or nonemployees, in a manner that is inconsistent with this subdivision.
Subd. 1e.Felony; drive-by shooting.
(a) A person is guilty of a felony who, while in or having just exited from a motor vehicle, recklessly discharges a firearm at or toward:
(1) an unoccupied motor vehicle or building;
(2) an occupied motor vehicle or building; or
(3) a person.
(b) A person convicted under paragraph (a), clause (1), may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $6,000, or both. A person convicted under paragraph (a), clause (2) or (3), may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
(c) For purposes of this subdivision, "motor vehicle" has the meaning given in section609.52, subdivision 1, and "building" has the meaning given in section609.581, subdivision 2.
Subd. 1f.Gross misdemeanor; transferring firearm without background check.
A person, other than a federally licensed firearms dealer, who transfers a pistol or semiautomatic military-style assault weapon to another without complying with the transfer requirements of section624.7132, is guilty of a gross misdemeanor if the transferee possesses or uses the weapon within one year after the transfer in furtherance of a felony crime of violence, and if:
(1) the transferee was prohibited from possessing the weapon under section624.713at the time of the transfer; or
(2) it was reasonably foreseeable at the time of the transfer that the transferee was likely to use or possess the weapon in furtherance of a felony crime of violence.
Subd. 1g.Felony; possession in courthouse or certain state buildings.
(a) A person who commits either of the following acts is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:
(1) possesses a dangerous weapon, ammunition, or explosives within any courthouse complex; or
(2) possesses a dangerous weapon, ammunition, or explosives in any state building within the Capitol Area described in chapter 15B, other than the National Guard Armory.
(b) Unless a person is otherwise prohibited or restricted by other law to possess a dangerous weapon, this subdivision does not apply to:
(1) licensed peace officers or military personnel who are performing official duties;
(2) persons who carry pistols according to the terms of a permit issued under section624.714and who so notify the sheriff or the commissioner of public safety, as appropriate;
(3) persons who possess dangerous weapons for the purpose of display as demonstrative evidence during testimony at a trial or hearing or exhibition in compliance with advance notice and safety guidelines set by the sheriff or the commissioner of public safety; or
(4) persons who possess dangerous weapons in a courthouse complex with the express consent of the county sheriff or who possess dangerous weapons in a state building with the express consent of the commissioner of public safety.
(c) For purposes of this subdivision, the issuance of a permit to carry under section624.714constitutes notification of the commissioner of public safety as required under paragraph (b), clause (2).
Subd. 1h.
[Repealed,2015 c 65 art 3 s 38]
Subd. 2.Exceptions.
Nothing in this section prohibits the possession of the articles mentioned by museums or collectors of art or for other lawful purposes of public exhibition.