There are a number of federal and Minnesota appellate court cases that have impacted firearms laws in Minnesota. We provide a partial list here of the most important cases from our perspective.
It’s important to understand that while sometimes statutory law might seem to be very clear upon reading it – the courts may have interpreted it differently. Gaining a full understanding of the current legal landscape for the right to keep and bear arms in Minnesota requires a thorough knowledge of the statutory law and the relevant case law.
When in doubt, consult a reputable Permit to Carry Instructor who is properly credentialed in Minnesota or an attorney.
FEDERAL CASES
- District of Columbia v. Heller, 554 US 570 (2008): The Second Amendment protects an individual right to possess firearms.
- McDonald v. City of Chicago, 561 US 742 (2010): The Second Amendment can be applied (incorporated) against the states.
- New York State Rifle & Pistol Association v. Bruen, 20-843 (2022): The Second and Fourteenth Amendments protect a right to keep and bear arms in public for self-defense.
MINNESOTA CASES
- Second Amendment (Generally)
- State v. Craig, A10-1938 (2013): The Second Amendment is not unlimited and the scope of the right is subject to certain presumptively lawful exceptions.
- Self-Defense
- State v. Johnson (1967): Reluctant participant
- State v. Baker, 280 Minn. 518 (1968): Reluctant participant
- State v. Basting (1997): 4 Elements of Self-Defense
- State v. Pendleton, C6-95-2162 (1997): Fear of death or great bodily harm need not be present when defending your dwelling
- State v. Hicks, C1-98-298 (1998): The hallway of an apartment is a “public place”
- State v. Carothers, C8-98-86 (1999): Duty to retreat does not apply to the defense of dwelling
- State v. Glowacki, C8-99-1507 (2001): There is no duty to retreat in one’s dwelling even if the aggressor is a co-resident
- State v. Devens, C12-2065 (2014): A duty to retreat exists in the hallway of an apartment building
- State v. Blevins, A22-0432 (2024): A duty to retreat exists where reasonably possible prior to brandishing or displaying a deadly weapon in self-defense,
- State v. Valdez, A22-1424 (2024): To justifiably use reasonable force in defense of another under MN Statutes 609.06, a defendant must objectively believe that the person in peril has no reasonable possibility of safe retreat, and that belief must be objectively reasonable based on information available to the defendant at the time that they use force to defend the person in peril.
- Carry without a Permit
- State v. Poupard, 471 N.W.2d 686 (1991): Defines traveling between home and business for the purposes of carrying a pistol without a permit.
- State v. Linville, C8-99-308 (1999): One’s home and business must be in reasonable proximity to each other to be an exception to the permit requirement.
- State v. Palmer, C9-01-559 (2001): A company vehicle is not a person’s “place of business”
- State v. Hatch, A20-0176 (2021): Minnesota’s Permit to Carry Law does not violate the Second Amendment, even under strict scrutity.
- Drinking and Carrying
- State v. Gradishar, A08-1754 (2009): A “public place” includes one’s place of business if it is open to the public
- Transporting Firearms
- State v. Mueller, C4-97-2097 (1998): Defines “cased and unloaded”
- State v. Taylor, C5-98-1180 (1999): A purse is not a case
- State v. Prigge, A17-0403 (2018): A firearm in a vehicle within arms reach is being “carried”.
- State v. Kyaw Be Bee, A23-1257 (2025): The definition of “public place” under MN 624.7181, Subd. 1(c), includes the interior of a motor vehicle on a public roadway.
- BB Gun is a “Firearm” for a Prohibited Person
- State v. Fleming, A06-1170 (2006): A BB gun is a firearm under MN’s unlawful possession of a firearm statute (MN 624.713)
- State v. David Lee Haywood, A14-1792, (2016): Under Minn. Statute 609.165 (2014), the plain meaning of the word “firearm” does not include an air-powered BB gun.
- Police exemption from Minnesota Citizen’s Personal Protection Act
- Minnesota Police and Peace Officers Association v. NFL, A15-0317 (2015): The Minnesota Citizens’ Personal Protection Act (MN 624.714) does not apply to active licensed peace officers.
- “Public Place” definition
- State v. Yang, A11-1008 (2012): Police do not have reasonable suspicion to detain a man merely on a report that he possesses a gun at a private residence and on their finding him walking from that residence into its front yard.