Many Minnesotans exercise their right to legally carry a firearm on their persons, but there are a number of rules and regulations they must follow while carrying their weapon. Failing to follow these rules or taking matters into their own hands can take the situation from a legal conceal carry to criminal brandishing. But what exactly does it mean to brandish a weapon in Minnesota, and what are the criminal penalties for doing so? We answer those questions and more in today’s blog.
Brandishing A Weapon In Minnesota
Many people assume that you have to point your firearm at someone for it to be considered brandishing, but that’s simply not true. In Minnesota, brandishing a weapon occurs when it is displayed in a threatening, angry or intimidating manner in order to cause fear. In other words, showing the weapon with the intent to cause fear or with hostile intent constitutes brandishing a weapon.
For example, if a driver cuts you off in traffic and you pull up alongside them and flash your conceal carry handgun, you could easily end up facing criminal charges for brandishing a weapon. Similarly, if you get in a verbal argument with a neighbor and unholster your weapon in an attempt to intimidate your neighbor, you could end up facing charges. You don’t need to point your weapon at someone in order to be charged with brandishing a weapon, and simply removing it from your holster does not mean you’re guilty of brandishing a weapon. Your motive and intent will be examined and scrutinized when determining whether you brandished your weapon illegally or did so in self-defense.
The criminal charge itself won’t be for brandishing a weapon, rather, you’ll likely face a charge like assault, aggravated assault, disorderly conduct or even terroristic threats based on the specifics of your actions. These can range from a misdemeanor penalty to a felony offense, meaning you could end up facing thousands of dollars in fines and years in jail for your actions. Basic assault or disorderly conduct crimes are usually charged as misdemeanors that can lead to up to 90 days in jail and fines up to $1,000, but aggravated assault and terroristic threats can easily be felony-level offenses, which much larger fines and longer jail sentences.
Whipping out your pistol or flashing a BB gun at another individual may seem like a simple way to get your point across, but doing so can make you the aggressor, escalate a situation and lead to severe criminal charges. A conceal carry should always be used for self-defense and not as a means to intimidate others, otherwise you’ll likely find yourself facing criminal charges.
If you believe you’ve been mistakenly charged because you brandished or displayed your firearm, talk to an attorney in your area. In the greater Twin Cities area, we hope you’ll connect with Avery and the team at Appelman Law Firm. Give our team a call today at (952) 224-2277.
