| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

609.668.2(b)

Statute ID: 2983

Statute Function ID: 3136

Explosive/Incendiary-Possess-Previous Conviction Violent Crime

In Effect

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Classifications

Offense Level:

Felony (F)

General Offense Code:

Weapons (6)

Offense Summary Code & Rank:

Weapons (W) (Rank 11)

Detailed Offense Code:

Explosive/Incendiary Device (601)

Offense Severity Level:

Function Text:

UCR Code

Description

520

Weapon Law Violations

Flags

Crime of Violence:

Targeted Misdemeanor:

Predatory Offender Registration Review:

Enhanceable:

Certify to DPS:

Report to DNR:

DPS Group:

Conditional Release:

Payable:

Petty Misdemeanor Only if Prosecutor Certifies:

Third Violation Indicator:

Qualified Domestic Violence Related:

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

609.668.2(b)

Enactment Date:

Jan 1, 1859

Effective Date:

Aug 1, 1994

Expiration Date:

Repealed?:

Summary Text:

Explosive/Incendiary-Possess-Previous Conviction Violent Crime

Statute ID:

2983

Created:

Sep 1, 2006 by mnjis.legal.analyst@state.mn.us

Updated:

Sep 1, 2006 by mnjis.legal.analyst@state.mn.us

Last Update Action:

System

Legal Analyst Comment:

Summary Text:

Explosive/Incendiary-Possess-Previous Conviction Violent Crime

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/609/668.html

Legislative Session:

0 - NA

Session Law Text?:

Statute text last updated on:

Sep 1, 2006

The following persons are prohibited from possessing or reporting an explosive device or incendiary device:
(a) a person under the age of 18 years;
(b) a person who has been convicted in this state or elsewhere of a crime of violence unless ten years have elapsed since the person's civil rights have been restored or the sentence has expired, whichever occurs first, and during that time the person has not been convicted of any other crime of violence. For purposes of this section, crime of violence includes crimes in other states or jurisdictions that would have been crimes of violence if they had been committed in this state;
(c) a person who is or has ever been confined or committed in Minnesota or elsewhere as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the public, as defined in section 253B.02, to a treatment facility, unless the person possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or other satisfactory proof, that the person is no longer suffering from this disability; 
(d) a person who has been convicted in Minnesota or elsewhere for the unlawful use, possession, or sale of a controlled substance other than conviction for possession of a small amount of marijuana, as defined in section 152.01, subdivision 16, or who is or has ever been hospitalized or committed for treatment for the habitual use of a controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the person possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or other satisfactory proof, that the person has not abused a controlled substance or marijuana during the previous two years; 
(e) a person who has been confined or committed to a treatment facility in Minnesota or elsewhere as chemically dependent, as defined in section 253B.02, unless the person has completed treatment; and 
(f) a peace officer who is informally admitted to a treatment facility under section 253B.04 for chemical dependency, unless the officer possesses a certificate from the head of the treatment facility discharging or provisionally discharging the officer from the treatment facility. 
A person who in good faith issues a certificate to a person described in this subdivision to possess or use an incendiary or explosive device is not liable for damages resulting or arising from the actions or misconduct with an explosive or incendiary device committed by the individual who is the subject of the certificate.