The right to possess a firearm may be protected under the Second Amendment to the Constitution, but, as with other rights, it is not unlimited. States, as well as the federal government, can pass laws that put restrictions on who can carry a gun, where they can do so, and what they can and can’t do while they have a gun in their possession. A violation of these laws can come with severe consequences that go far beyond losing your right to legally carry a firearm. Conviction on a gun possession charge in Minnesota can also cost you thousands of dollars, burden you with a criminal record, and put you behind bars for a long time.
One of the limitations that Minnesota puts on carrying a firearm involves doing so in a public place while under the influence of alcohol or drugs. Being intoxicated while in possession of a gun outside of the home, even for legal gun owners, is a stand-alone offense, but it can also escalate the level of other charges you may be facing.
What is Carrying a Gun Under the Influence According to Minnesota State Laws?
In Minnesota, it is illegal to carry a pistol “on or about the person’s clothes or person” in a “public place” while under the influence of alcohol, cannabis, or other controlled substances. Specifically, Minnesota Statute 624.7142 prohibits carrying a pistol when under the influence of alcohol, a controlled substance, or a combination of these, or when the person has an alcohol concentration of 0.04 or more.
While the statute does not define what it means to carry a pistol “on or about the person’s clothes or person,” the Michigan Supreme Court has held that it goes beyond having a gun in your hand, in your pocket, or in a holster you are wearing, and includes a pistol “carried within arm’s reach of the person.” Accordingly, if you were, say, behind the wheel of a car and a pistol was in the center console or even on the passenger seat, it could be considered to be on or about your person and subject you to charges if you are under the influence.
Even if a gun isn’t within arm’s reach, you could still face charges if you are in “constructive possession” of the weapon. This term applies when the gun is not on or about your person, but you had the ability and intent to exercise control over it. This can occur when the weapon is found in a place under your exclusive control to which other people do not normally have access. The most common example of constructive possession is a gun in the trunk of a car, but it can also apply to a weapon stored in a closet or storage locker.
Importantly, a “public place” means anywhere that is generally open and accessible to the public, including private property such as a tavern or store.
Penalties For Carrying a Gun Under the Influence in Minnesota
The charges you will face and potential penalties upon conviction for carrying a pistol while under the influence in Minnesota depend on several factors, including whether you had a valid permit, where the offense occurred, the degree and nature of your intoxication, and your prior criminal history.
Alcohol of 0.10 BAC or More/Controlled Substance
- First Offense: Misdemeanor, with up to 90 days in jail and/or fines of up to $1000 upon conviction
- Second or subsequent offense: Gross misdemeanor, with penalties of up to one year in jail and fines of up to $3,000
- Authority to carry a pistol is revoked for one year post-conviction
Alcohol of between 0.04 and 0.10 BAC
- Misdemeanor, with up to 90 days in jail and/or fines of up to $1000 upon conviction
- Carry permit suspended for 180 days
Multiple Charges for Carrying Under the Influence in a Vehicle or Without a Valid Permit
Carrying a gun under the influence is a stand-alone offense, no matter the nature of the “public place” where the offense occurs. But if you are carrying while impaired and you’re in a vehicle, you will face both the gun charge as well as DWI charges. If convicted of both charges, your sentence will likely include penalties for both charges, making the matter far more serious than the stand-alone weapons offense. Similarly, if you did not have a permit to carry a gun when charged with carrying under the influence, you will also face the penalties associated with that separate offense.
Understanding Your Rights When Facing a Gun Charge in Minnesota
If police arrest you and you face charges for carrying a gun under the influence, you have a lot at stake – thousands of dollars, your right to possess and carry a weapon, and even your freedom. But you also have potential defenses to the charges that a skilled and aggressive weapons charges defense attorney can assert on your behalf.
At F. Clayton Tyler Law, we have defended countless individuals against weapons charges, including carrying while under the influence. We know first-hand the many ways police can overreach or make mistakes that can support a dismissal or defeat of weapons charges, including an invalid traffic stop, wrongful search, or improperly administered breath or blood test for intoxication. Additionally, prosecutors must prove every element of carrying under the influence to obtain a conviction, including that the weapon was “on or about the person’s clothes or person.” We can challenge the prosecution’s evidence and arguments as to this and other elements of the offense in our efforts to defeat the charges.
Even in cases where beating the charges seems unlikely, we can work with prosecutors to reduce the charges or advocate for diversionary programs or probation in lieu of harsher punishments.
Don’t Fight a Gun Charge Alone
At F. Clayton Tyler Law, we have amassed an impressive record of favorable results for individuals facing gun charges, and we stand ready to fight for you. If you would like to discuss your situation and explore your options, please contact us today to arrange for your free, confidential initial consultation.