Effect of a DUI on Getting a Minnesota Permit to Carry License



At least on a monthly basis, I’m asked if a person can get a Minnesota Permit to Carry license if they have a DUI (Driving Under the Influence – some states call this DWI, Driving While Intoxicated) conviction on their record. My answer is this: Generally, a DUI conviction shouldn’t keep the Sheriff from issuing you a Minnesota Permit to Carry license. But as with most things in life, nothing is completely black and white.  Let’s dive into this subject by first understanding the levels of DUI convictions then we’ll discuss the prohibitions in Minnesota State Law against owning a firearm.  We’ll end with closing thoughts.

2010-08-12-DUI-ConvictionsFirst Offense DUI

A Minnesota first offense DWI is classified as a misdemeanor offense as long as you have not been convicted of three or more DWI violations within the past 10-years, or have not previously been convicted of a felony DWI offense.  A first offense DWI charge carries the following penalties:

  • Jail time: Up to 90 days
  • Fines:  $1,000 plus court costs
  • License Revocation:  90 days

Second Offense DUI

A second DUI conviction is classified as a misdemeanor offense and means that you have been convicted of one prior DWI violation within the past 10-years or you have one prior conviction more than 10-years old.  A second offense DWI charge carries the following penalties:

  • Jail time:  Up to 1 year
  • Fines:  $3,000 plus court costs
  • License Revocation:  180 days

Third Offense DUI

A third DUI conviction is classified as a misdemeanor offense and means that you have been convicted of two prior DWI violations within the past 10-years or you have had two prior convictions with one of those convictions being more than 10-years old.   A third offense DWI charge carries the following penalties:

  • Jail time:  Up to 1 year
  • Fines:  $3,000 plus court costs
  • Alcohol Rehab Program:  Required.
  • Vehicle Forfeiture:  At the court’s discretion
  • License Revocation:  At least 1 year.

Fourth Offense DUI

A Minnesota fourth offense DWI is considered a felony offense if you have a previous offense within the past 10-year period.  A fourth offense DWI charge carries the following penalties:

  • Jail time:  up to 7-years
  • Fines:  $14,000 plus court costs
  • Alcohol Rehab Program:  Required
  • License Revocation:  At least 4 years

Effects on Permit to Carry License

Because Minnesota is a “shall” issue state, Sheriffs are required to issue permits as long as a person is not prohibited from possessing a firearm, which is outlined under the following sections:

  • 518B.01, subdivision 14; Violation of an order for protection.
  • 609.224, subdivision 3; Conviction of Assault in the Fifth Degree. A 5th degree assault is a misdemeanor in which the person:
    • commits an act with intent to cause fear in another of immediate bodily harm or death; or
    • intentionally inflicts or attempts to inflict bodily harm upon another.
  • 609.2242, subdivision 3; Domestic Assault. This is, essentially 5th degree assault against a family member
  • 609.749, subdivision 8; Conviction of Stalking
  • 624.713; General prohibitions:
    • Under 18 years of age
    • Been convicted of a “crime of violence”, which includes “crimes in other states or jurisdictions which would have been crimes of violence as herein defined if they had been committed in this state”. A “crime of violence” (624.712) means felony convictions of the following offenses:
      • 609.185 (murder in the first degree)
      • 609.19 (murder in the second degree)
      • 609.195 (murder in the third degree)
      • 609.20 (manslaughter in the first degree)
      • 609.205 (manslaughter in the second degree)
      • 609.215 (aiding suicide and aiding attempted suicide)
      • 609.221 (assault in the first degree)
      • 609.222 (assault in the second degree)
      • 609.223 (assault in the third degree)
      • 609.2231 (assault in the fourth degree)
      • 609.229 (crimes committed for the benefit of a gang)
      • 609.235 (use of drugs to injure or facilitate crime)
      • 609.24 (simple robbery)
      • 609.245 (aggravated robbery)
      • 609.25 (kidnapping)
      • 609.255 (false imprisonment)
      • 609.322 (solicitation, inducement, and promotion of prostitution; sex trafficking)
      • 609.342 (criminal sexual conduct in the first degree)
      • 609.343 (criminal sexual conduct in the second degree)
      • 609.344 (criminal sexual conduct in the third degree)
      • 609.345 (criminal sexual conduct in the fourth degree)
      • 609.377 (malicious punishment of a child)
      • 609.378 (neglect or endangerment of a child)
      • 609.486 (commission of crime while wearing or possessing a bullet-resistant vest)
      • 609.52 (involving theft of a firearm, theft involving the intentional taking or driving of a motor vehicle without the consent of the owner or authorized agent of the owner, theft involving the taking of property from a burning, abandoned, or vacant building, or from an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle, and theft involving the theft of a controlled substance, an explosive, or an incendiary device)
      • 609.561 (arson in the first degree)
      • 609.562 (arson in the second degree)
      • 609.582, subdivision 1, 2, or 3 (burglary in the first through third degrees)
      • 609.66, subdivision 1e (drive-by shooting)
      • 609.67 (unlawfully owning, possessing, operating a machine gun or short-barreled shotgun)
      • 609.71 (riot)
      • 609.713 (terroristic threats)
      • 609.749 (stalking)
      • 609.855, subdivision 5 (shooting at a public transit vehicle or facility); and chapter 152 (drugs, controlled substances); and an attempt to commit any of these offenses.
    • Judicial determination that the person is:
      • Mentally ill
      • Developmentally disabled
      • Danger to the public
      • “as defined in section 253B.02, to a treatment facility”, which means that if you have been put into a treatment facility for chemical dependency, then the law sees you as “being incapable of self-management or management of personal affairs by reason of the habitual and excessive use of alcohol, drugs, or other mind-altering substances; and (b) whose recent conduct as a result of habitual and excessive use of alcohol, drugs, or other mind-altering substances poses a substantial likelihood of physical harm to self or others as demonstrated by (i) a recent attempt or threat to physically harm self or others, (ii) evidence of recent serious physical problems, or (iii) a failure to obtain necessary food, clothing, shelter, or medical care.” In other words, if you are committed to a treatment facility by the court, you stand a good chance that your application for a Minnesota Permit to Carry license will be denied because you could be considered “incapable of self-management“. Since the 2nd DUI requires you to attend treatment, then you should consider yourself “on the fence” if you have 2 or more DUIs in the past 10 years and you want to apply for a Minnesota Permit to Carry license. Completing treatment will help you in your quest to get your license, but it is no guarantee, as the law states: “Property rights may not be abated by access may be restricted by the courts.”
    • Ever been found incompetent to stand trial
    • Ever been found not guilty by reason of mental illness
    • Convicted in any court of a crime punishable by imprisonment for a term exceeding one year
    • Fugitive from justice
    • Unlawful use of any controlled substance
    • Alien who is illegally or unlawfully in the United States
    • Dishonorable discharge
    • Renounced your citizenship from the United States
    • Conviction of Gross misdemeanor level, unless three years have elapsed since the date of conviction and, during that time, you have not been convicted of any other violation of these sections:
  • 624.719; Non-resident alien
  • 629.715, subdivision 2; Court-ordered surrender of firearms
  • 629.72, subdivision 2; Court-ordered surrender of firearms as a condition of release and/or bail

If you “connect the dots” on these laws, chances are good that if you have only one DUI and especially if it’s an old one, then you’ll probably not be denied a permit to carry license. By the 4th DUI, you’ve committed a felony and you’ll spend more than one year in jail, so that will ensure your permit application is denied.

When you take a long step back and look at the situation, the legislature basically said that if you demonstrate violent tendencies or an inability to control yourself around chemicals, then you don’t get to own a firearm. In our opinion, this is good law. Basically, if you’re convicted of anything that requires a year or more in jail or any crime of violence (whether or not it results in a felony conviction), then you’re not going to get a Minnesota Permit to Carry license. Don’t bother taking a CCW class or a Minnesota Permit to Carry class. It won’t do you any good.

After reading this article, if you have further questions about obtaining a Minnesota Permit to Carry license, then you should consult with a lawyer. Also, if you think you can go around Minnesota State Law and get another permit from another state, such as the Utah Conceal Carry permit, then bear in mind that most states that issue non-resident permits will ask for a copy of your Minnesota Permit to Carry license.

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