In an effort to keep firearms from falling into the wrong hands, the Minnesota House has passed a new law that changes how guns can be legally stored in Minnesota.
Under the old law, a firearm owner could basically store their firearm as they saw fit so long as they took “reasonable action” to prevent a child from accessing the firearm. As we’ve talked about on the blog, the word “reasonable” is left to interpretation, so that can complicate matters in the court of law. To help remove some of this ambiguity, lawmakers removed the “reasonable action” standard and replaced it with more specific language.
New Gun Storage Law
The new law states that it would be a crime to leave a firearm in any place – unless the firearm is unloaded and equipped with a locking device, or locked in a firearm storage/locked gunroom. The law passed the Minnesota House by a vote of 68-64. Penalties for failing to properly store a firearm can range from a petty misdemeanor to a felony based on the specific circumstances of the incident. At the felony level, a person can be sentenced to up to five years in prison and a $10,000 fine. Those found guilty of gross misdemeanor negligent firearm storage would be prohibited from possessing firearms for a period of three years.
Besides helping to keep firearms out of the hands of children, lawmakers hope that the law change cuts down on firearm thefts. The bill will now head to the Minnesota Senate, and if it is passed, it will head to the governor’s desk for approval.
It seems wise to remove the ambiguous language from the old statute, even if there is some debate about exactly how firearms should be stored. It certainly won’t be easier to defend a person who has been charged with improper firearm storage since the “reasonable action” standard has been removed, so if the proposal does officially become law, make sure that you take the necessary steps to keep yourself free from criminal charges, even if you don’t necessarily agree with the change.
We’ll keep tabs on the proposal as it makes its way to the Senate, and in the meantime, if you need help fighting a criminal charge of your own, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
