Certain individuals, under state and federal law, are prohibited from purchasing or possessing firearms. In some cases, they also may not purchase or possess ammunition.
Minnesota Statute 624.713 – “Certain persons not to possess firearms” – defines the state prohibitions on the possession of ammunition, a pistol, or semi-automatic military style assault weapons.
Those prohibitions are:
- A person who has been convicted of, or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing a crime of violence.
- A person who is or has ever been committed in Minnesota or elsewhere by a judicial determination that they are mentally ill, developmentally disabled, or mentally ill and dangerous to the public – or who has been found incompetent to stand trial, or not guilty by reason of mental illness
- A person who has been convicted in Minnesota or elsewhere of a misdemeanor or gross misdemeanor violation of MN Chapter 152 (controlled substance law), unless 3 years have passed without additional convictions
- A person who is or ever has been committed by a judicial determination for treatment for the habitual use of a controlled substance or marijuana
- A person who has been committed to a treatment facility by a judicial determination that the person is chemically dependent
- A person who has been charged with committing a crime of violence and has been placed in a pretrial diversion program by the court, until their charge has been dismissed
- A person who has been convicted in another state of committing an offense similar to Minnesota’s domestic violence law
- A person who has been convicted of assaulting a family or household member who has used a firearm in the assault in any way during the commission of the assault, for the period determined by the sentencing court
- A person who:
- Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year
- Is a fugitive from justice
- Is an unlawful user of any controlled substance as defined in MN Chapter 152
- Has been judicially committed to a treatment facility in Minnesota or elsewhere as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the public
- Is an alien who is illegally or unlawfully in the United States
- Has been discharged from the armed forces of the United States under dishonorable conditions
- Has renounced the person’s citizenship having been a citizen of the United States
- Is disqualified from possessing a firearm under 18 USC 922(g)(8) or (9) – these are the federal prohibitions
- A person who has been convicted of the following offenses at the gross misdemeanor level, unless three years have elapsed since the date of conviction, and the person has not been convicted of any other violation of these sessions:
- A person who has been convicted of a violation of MN 609.224 if the court determined the assault was against a family or household member, unless three years have passed without another conviction under 609.224
- A person who is subject to an order of protection
In addition, a person under the age of 18 may not possess ammunition, or a pistol, or a semi-automatic military-style assault weapon, except under the following circumstances:
- In the actual presence or under the direction of the person’s parent or guardian
- For the purposes of military drill under the auspices of a legally-recognized military organization and under competent supervision
- For the purposes of instruction, competition, or target practice on a firing range approved by the chief of police or county sheriff in whose jurisdiction the range is located and under direct supervision
- If the person has successfully completed a course designed to teach marksmanship and safety with a pistol or semi-automatic military-style assault weapon and approved by the commissioner of natural resources
Federal prohibitions are found in 18 USC 922. Those prohibitions apply to all firearms and ammunition.
- A person who is under indictment for, or has been convicted of, a crime punishable by imprisonment for a term exceeding one year
- A person who is a fugitive from justice
- A person who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
- has been adjudicated as a mental defective or has been committed to any mental institution;
- A person who, being an alien, is illegally or unlawfully in the United States; or an alien who is in the United States under a nonimmigrant visa
- A person who has been discharged from the Armed Forces under dishonorable conditions
- A person who, having been a citizen of the United States, has renounced his citizenship
- A person who is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child (there are many other required conditions that must be in place in the restraining order as well that are far beyond the scope of this summary)
- A person who has been convicted in any court of a misdemeanor crime of domestic violence.