Minnesota Firearms Law for Minors

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Jim Cleary and Jeff Diebel Updated: November 2010

General

Requirements

Minors 13 years old and younger must be supervised when handling a firearm. At

age 14 and 15, a minor may possess a shotgun or rifle without supervision if the

minor has a firearms safety certificate. At age 16 and 17, a minor may possess a

shotgun or rifle without supervision or a certificate. (Minn. Stat. § 97B.021, subd. 1)

A person under age 18 generally may not possess a pistol or assault weapon unless

supervised (see below for exceptions). (Minn. Stat. § 624.713, subd. 1(1)) A

person under the age of 21 may not obtain a permit to carry a pistol and may not

use in Minnesota any concealed-carry permit issued by another state. (Minn. Stat. §

624.714, subd. 16)

Hunting

Requirements

Minors 13 years old and younger must be accompanied by a parent or guardian

when hunting. Youth are permitted to hunt alone beginning at age 14, provided the

person possesses a firearms safety certificate. (Minn. Stat. § 97B.021)

Possession of

Firearms

Shotguns and Rifles. Except when hunting, a minor under age 16 generally may

not possess a shotgun or rifle without being accompanied by a parent or guardian.

The primary exception is again for a 14- or 15-year-old who has a firearms safety

certificate. Other exceptions include: when the minor is on a parent or guardian’s

residential property; when participating in supervised target shooting; and when

participating in a firearms safety program. (Minn. Stat. § 97B.021)

Pistols and Assault Weapons. A minor under age 18 generally may not possess a

pistol or assault weapon, except under the supervision of a parent or guardian.

Other exceptions include: while engaged in an official military drill; during

supervised practice at an approved shooting range; and while participating in a

state-approved marksmanship or safety program. (Minn. Stat. § 624.713, subd. 1)

Penalties for

Juvenile Firearms

Offenses

Certification for Adult Court. A juvenile court may order that a juvenile 14 years

old or older be certified for trial in adult court, if the juvenile has committed any

offense that would be a felony if committed by an adult. Furthermore, there is a

presumption that a juvenile 16 or 17 years old will be certified to be tried as an

adult if there is probable cause to believe that the juvenile used a firearm to commit

the offense. A juvenile may rebut the presumption by clearly and convincingly

demonstrating that retaining juvenile court jurisdiction serves public safety. (Minn.

Stat. § 260B.125, subd. 3)

Possession During a Crime. If a juvenile is adjudicated delinquent and is found to

have possessed a firearm when committing the offense, the court must order

seizure of the firearm, and must also order the child to perform 100 hours of

community service unless the court places the juvenile in a residential treatment

program or a juvenile correctional facility. If a juvenile possesses a dangerous

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weapon, including a firearm, when committing an offense on school property or in

a school bus, the juvenile loses driving privileges until age 18. (Minn. Stat. §

260B.198, subd. 2)

Illegal Possession. If a juvenile under age 16 illegally possesses a firearm (e.g., a

14- or 15-year-old without a firearms safety certificate), the firearm will be seized

by law enforcement and is subject to forfeiture. However, the juvenile may reclaim

a seized rifle or shotgun by obtaining a firearms safety certificate within 90 days of

the start of the next available firearms safety course in the county. (Minn. Stat. §

97B.021, subds. 2 and 3)

Crimes Relating to

Minors and the

Storage,

Furnishing, and

Display of Firearms

Negligent Storage. It is generally a crime of child endangerment to negligently

store or leave a loaded firearm in a location where the owner of the firearm should

reasonably know that a child is likely to have access to it. (Minn. Stat. §§ 609.666,

subd. 2; 609.378, subd. 1(c); and 624.7162, subd. 2)

Furnishing. It is a misdemeanor for a person to furnish a child under age 14 with a

firearm or ammunition outside of a municipality without consent of a parent or

guardian. The sentence is enhanced to a gross misdemeanor if the act occurs at or

near a school, a park, or public housing property. Within a municipality, it is a

felony to furnish a minor under the age of 18 with a firearm or ammunition without

the consent of a parent, guardian, or the local police. (Minn. Stat. § 609.66, subd.

1(a)(6) and (b), and subd. 1b)

Display of Handgun Ammunition. Ammunition retailers may not display

handgun ammunition in a manner that is directly accessible to minors under age

18. Violation is a petty misdemeanor. Ammunition in an enclosed display case or

behind a counter is deemed inaccessible. There are exceptions for ammunition

accessible to juvenile employees, ammunition under observation by employees,

and ammunition displayed in an area where the store takes reasonable steps to

exclude minors, as well as ammunition suitable for big game hunting. (Minn. Stat.

§ 609.663)

Schools

Firearms Possession at School. A pupil who brings a firearm to school must be

expelled for at least one year. A school board can modify this expulsion

requirement on a case-by-case basis. School boards must have policies to notify

law enforcement officials when a pupil unlawfully brings a firearm to school. A

pupil who brings a firearm to school will also generally be subject to a juvenile

delinquency petition or adult criminal charges, depending on the circumstances.

(Minn. Stat. § 121A.44)

Notifying Schools. A law enforcement agency must notify a juvenile’s school

when the agency has probable cause to believe the juvenile committed an offense

involving a dangerous weapon, including a firearm. A juvenile’s probation officer

must give a copy of the juvenile’s disposition order to the school if the juvenile is

adjudicated delinquent for an act involving a dangerous weapon (including a

firearm). (Minn. Stat. §§ 260B.171, subds. 3(a)(3) and 5(e); 609.02, subd. 6)

For more information: Contact legislative analyst Jim Cleary at [email protected] or 651-296-5053.