Is there a brandishing law in Minnesota concerning citizens with permit to carry?
Ask a Trooper — QUESTION: I’m sorry but this is not a traffic question. Do we have a brandishing law in MN concerning citizens with a permit to carry? I know we are a open and conceal carry state.
ANSWER: Mr. Yang;
I will answer it for you. The only specific “brandishing” law we have that I know of deals specifically with
replica (look-alike) firearms is in our Terrorist Threats statute, M.S.S. 609.713 Sub. 3.
Our persons with a permit to carry have the responsibility to know the proper handling, use, display, etc. of firearms
before they get their permit. If there were an incident, it would be a judgment call on the part of the responding officers to consider the totality of circumstances for charges, but the law that I believe would be used is the same
statute as above, but Subdivision 1 instead of 3, under Terroristic Threats.
I am not sure what you mean by saying that you “know we are an open and conceal carry state”, but with regards to that, I just thought I would mention that Minnesota is actually a “permit to carry” state. I won’t get into all of that but conceal & carry can mean other things in other states. (Just a matter of semantics……?).
I hope this helps, and thanks for asking. — Sgt. Curt Mowers, Minnesota State Patrol