of people served
rated by clients
available to help
Understanding Minnesota law surrounding explosive and incendiary devices is crucial, as violations carry significant penalties. These laws regulate the possession, manufacture, transport, storage, and use of such devices, aiming to prevent harm and ensure public safety. An allegation involving these items is a serious matter, potentially leading to felony charges, lengthy imprisonment, substantial fines, and a permanent criminal record that impacts various aspects of life long after the legal proceedings conclude. Navigating these charges requires a thorough comprehension of the specific definitions, prohibited acts, permitted uses, and potential defenses outlined in the relevant statute.
The complexity arises from the detailed definitions differentiating explosive from incendiary devices, the specific categories of individuals prohibited from possessing them, and the exceptions granted for certain professions or purposes under strict reporting guidelines. Furthermore, the intent behind the possession or use significantly influences the severity of the charge and potential sentence. An accidental discharge, for instance, is treated differently than possessing a device with the intent to cause harm. Given the gravity of these offenses and the intricate legal landscape, facing such charges necessitates careful consideration of the specific facts and applicable legal standards.
Possession of explosive or incendiary devices in Minnesota refers to the act of having control over, manufacturing, transporting, or storing items defined by statute as capable of causing destruction through explosion or combustion, without legal authorization or justification. The law, Minnesota Statute § 609.668, specifically outlines what constitutes these devices. An “explosive device” is designed to cause destruction through a sudden release of high-pressure gas, including items like bombs or modified fireworks. An “incendiary device” primarily causes destruction through fire or combustion. The statute prohibits certain individuals, such as those under 18, convicted felons (specifically those convicted of a crime of violence within a certain timeframe), individuals with specific mental health histories, or those with certain controlled substance convictions or treatment histories, from possessing these items under any circumstances, barring specific exceptions and restoration of rights or proof of recovery.
Beyond prohibited persons, the law also criminalizes the manner and intent of possession even for those not explicitly barred from ownership. Possessing a legally obtainable device becomes illegal if the intent is to use it unlawfully, such as to damage property or cause injury. Furthermore, the negligent discharge of such a device, demonstrating a gross disregard for human life or property, constitutes a severe offense under this statute. The law aims to strictly control access to potentially dangerous items and penalize their misuse or reckless handling. It acknowledges legitimate uses, such as by law enforcement or in certain industries, but imposes strict reporting requirements even for authorized possession, underscoring the state’s focus on regulating these hazardous materials.
Minnesota Statute § 609.668 governs the possession, manufacture, transport, storage, and use of explosive and incendiary devices within the state. This law establishes clear definitions for what constitutes such devices, identifies categories of individuals strictly prohibited from possessing them, outlines exceptions for authorized personnel and specific uses (often requiring reporting), and details the criminal penalties for violations. The statute differentiates penalties based on the nature of the violation, such as simple unlawful possession versus possession with intent to cause harm or negligent discharge resulting in damage or injury.
609.668 EXPLOSIVE AND INCENDIARY DEVICES.
Subdivision 1. Definitions. For purposes of this section, the following terms have the meanings given them.
(a) “Explosive device” means a device so articulated that an ignition by fire, friction, concussion, chemical reaction, or detonation of any part of the device may cause such sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects. Explosive devices include, but are not limited to, bombs, grenades, rockets having a propellant charge of more than four ounces, mines, and fireworks modified for other than their intended purpose. The term includes devices that produce a chemical reaction that produces gas capable of bursting its container and producing destructive effects. The term does not include firearms ammunition.
(b) “Incendiary device” means a device so articulated that an ignition by fire, friction, concussion, detonation, or other method may produce destructive effects primarily through combustion rather than explosion. The term does not include a manufactured device or article in common use by the general public that is designed to produce combustion for a lawful purpose, including but not limited to matches, lighters, flares, or devices commercially manufactured primarily for the purpose of illumination, heating, or cooking. The term does not include firearms ammunition.
(c) “Crime of violence” has the meaning given in section 624.712, subdivision 5, and also includes a domestic assault conviction when committed within the last three years or while an order for protection is active against the person, whichever period is longer.
Subd. 2. Possession by certain persons prohibited. 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.
Subd. 3. Uses permitted. (a) The following persons may own or possess an explosive device or incendiary device provided that subdivision 4 is complied with:
(1) law enforcement officers for use in the course of their duties;
(2) fire department personnel for use in the course of their duties;
(3) corrections officers and other personnel at correctional facilities or institutions when used for the retention of persons convicted or accused of crime;
(4) persons possessing explosive devices or incendiary devices that although designed as devices have been determined by the commissioner of public safety or the commissioner’s delegate, by reason of the date of manufacture, value, design, or other characteristics, to be a collector’s item, relic, museum piece, or specifically used in a particular vocation or employment, such as the entertainment industry; and
(5) dealers and manufacturers who are federally licensed or registered.
(b) Persons listed in paragraph (a) shall also comply with the federal requirements for the registration and licensing of destructive devices.
Subd. 4. Report required. (a) Before owning or possessing an explosive device or incendiary device as authorized by subdivision 3, a person shall file a written report with the Department of Public Safety showing the person’s name and address; the person’s title, position, and type of employment; a description of the explosive device or incendiary device sufficient to enable identification of the device; the purpose for which the device will be owned or possessed; the federal license or registration number, if appropriate; and other information as the department may require.
(b) Before owning or possessing an explosive device or incendiary device, a dealer or manufacturer shall file a written report with the Department of Public Safety showing the name and address of the dealer or manufacturer; the federal license or registration number, if appropriate; the general type and disposition of the device; and other information as the department may require.
Subd. 5. Exceptions. This section does not apply to:
(1) members of the armed forces of either the United States or the state of Minnesota when for use in the course of duties;
(2) educational institutions when the devices are manufactured or used in conjunction with an official education course or program;
(3) propellant-actuated devices, or propellant-actuated industrial tools manufactured, imported, or distributed for their intended purpose;
(4) items that are neither designed or redesigned for use as explosive devices or incendiary devices;
(5) governmental organizations using explosive devices or incendiary devices for agricultural purposes or control of wildlife;
(6) governmental organizations using explosive devices or incendiary devices for official training purposes or as items retained as evidence; or
(7) arsenals, navy yards, depots, or other establishments owned by, or operated by or on behalf of, the United States.
Subd. 6. Acts prohibited; penalties. (a) Except as otherwise provided in this section, whoever possesses, manufactures, transports, or stores an explosive device or incendiary device in violation of this section may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
(b) Whoever legally possesses, manufactures, transports, or stores an explosive device or incendiary device, with intent to use the device to damage property or cause injury, may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
(c) Whoever, acting with gross disregard for human life or property, negligently causes an explosive device or incendiary device to be discharged, may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000, or both.
To secure a conviction under Minnesota Statute § 609.668, the prosecution must prove specific elements beyond a reasonable doubt. The exact elements depend on the specific subsection charged, whether it involves unlawful possession by a prohibited person, possession with unlawful intent, or negligent discharge. Generally, the state must establish that the item in question legally qualifies as an “explosive device” or “incendiary device” according to the statutory definitions. They must also prove the defendant’s connection to the device – that they possessed, manufactured, transported, or stored it. Finally, depending on the charge, the prosecution might need to prove the defendant belongs to a prohibited category, acted with specific unlawful intent, or acted with gross negligence.
Here are the core elements typically involved:
A conviction for violating Minnesota Statute § 609.668 carries substantial penalties, reflecting the serious danger these devices pose. The consequences are tiered based on the specific nature of the offense, ranging from significant prison time and fines for basic possession by a prohibited person or with unlawful intent, up to even harsher sentences for negligently causing a discharge. All convictions under this statute are felonies, resulting in a permanent criminal record with long-lasting collateral consequences beyond the court-imposed sentence.
Minnesota Statute § 609.668 covers a range of activities involving dangerous devices. It’s not just about bombs or grenades in the conventional sense; the definitions are broad enough to include modified common items or chemical reaction devices. The law focuses on both who possesses these items and why they possess them, as well as how they handle them. Understanding that certain individuals are completely barred from possession, while others face restrictions based on intent or negligence, is key.
The distinction between an explosive device (destruction via gas pressure) and an incendiary device (destruction via combustion) matters, as does the exclusion of common items like lighters or legally used fireworks. However, modifying a firework for unintended destructive purposes could bring it under the statute’s purview. Similarly, possessing components intended for assembly into such a device could potentially lead to charges related to manufacturing or attempted possession, depending on the circumstances and evidence of intent. The core principle is controlling access to and use of items capable of causing significant harm through explosion or fire.
A person was convicted of felony assault (a “crime of violence”) five years ago and completed their sentence. Their civil rights have not yet been restored for ten years post-conviction. They purchase several powerful fireworks, legally classified as explosive devices due to their propellant charge exceeding four ounces, intending to use them for a private celebration. Even though purchasing these specific fireworks might be legal for some, this individual is a prohibited person under Subd. 2(b) because fewer than ten years have passed since their crime of violence conviction.
In this scenario, merely possessing these devices constitutes a violation of § 609.668, subdivision 6(a). The person’s status as someone convicted of a crime of violence within the prohibited timeframe makes their possession illegal, regardless of their intent for the devices. Law enforcement discovering the devices during a traffic stop could lead to felony charges based solely on their prohibited status and possession of items meeting the statutory definition of an explosive device.
An individual legally purchases materials that can be combined to create an incendiary device, such as chemicals and containers. They are not a prohibited person under Subdivision 2 and might even argue the components themselves are legal to own separately. However, they make online posts expressing anger towards a former employer and detailing plans to damage the business’s property using a fire-starting device. They begin assembling the components in their garage.
Here, even if the device isn’t fully assembled or if the person could legally possess the components individually, the evidence of their intent transforms the situation. Their statements and actions indicating a plan to use the device to damage property would support charges under § 609.668, subdivision 6(b). The prosecution would focus on proving the intent to cause damage, making the possession, transport, or storage of the device (or its constituent parts with intent to assemble) illegal.
Someone is experimenting with creating chemical reaction devices in their backyard shed. They mix volatile substances in a sealed container, aware of the potential for a dangerous reaction but underestimating the risk or failing to take adequate safety precautions. The container bursts violently, sending shrapnel flying and damaging a neighbor’s fence and window. No one is injured, but the discharge demonstrates a severe lack of care.
This situation could lead to charges under § 609.668, subdivision 6(c). The individual may not have intended to harm anyone or damage property, but their actions in handling dangerous chemicals without proper safeguards, leading to an uncontrolled explosion, could be seen as acting with gross disregard for human life or property. The prosecution would argue that the person knew or should have known their experiment was highly risky and proceeded anyway, constituting gross negligence when the device discharged.
A teenager buys standard consumer fireworks. Unsatisfied with their effect, they begin disassembling them and packing the powder into a tightly sealed metal pipe, adding shrapnel like nails and screws, intending to create a much larger explosion. They haven’t detonated it yet, but they store the completed pipe bomb in their bedroom. Their parent discovers the device and calls the police.
Although the original fireworks might have been legal, the modification transforms the item into an illegal explosive device under § 609.668, Subdivision 1(a), as it’s now articulated to produce destructive effects beyond its intended purpose. Furthermore, the teenager is under 18, making them a prohibited person under Subdivision 2(a). Even without detonation or specific intent to harm proven, the act of manufacturing and possessing this device violates subdivision 6(a) due to both the nature of the modified device and the teenager’s prohibited status.
Facing charges under Minnesota Statute § 609.668 is incredibly serious, but it does not automatically mean a conviction is inevitable. Several potential defenses may be available, depending entirely on the specific facts and circumstances of the case. A thorough investigation into the situation surrounding the alleged offense is paramount. This includes examining how the evidence was obtained, the precise nature of the item in question, the defendant’s status regarding legal prohibitions, and any evidence related to intent or negligence. Challenging the prosecution’s case often involves scrutinizing each element they must prove beyond a reasonable doubt.
Developing an effective defense strategy requires a meticulous review of police reports, witness statements, expert analyses of the alleged device, and the defendant’s personal history as it relates to the prohibitions outlined in the statute. Defenses could range from procedural arguments about illegal searches or seizures to substantive arguments challenging whether the item meets the legal definition of an explosive or incendiary device, whether the defendant actually possessed it, whether they fall into a prohibited category, or whether the necessary intent or negligence was present. Identifying and asserting the strongest applicable defenses is crucial for protecting the defendant’s rights and achieving the best possible outcome.
A fundamental defense is challenging the prosecution’s ability to prove possession. The state must establish that the defendant knowingly exercised dominion and control over the explosive or incendiary device. This can be contested in several ways.
The prosecution must prove the item in question falls under the specific definitions in Subdivision 1. If the item doesn’t qualify, the charge fails.
For charges under Subdivisions 6(b) or 6(c), the defendant’s state of mind is a critical element that the prosecution must prove. Challenging this element can be a viable defense strategy.
If the charge relies on the defendant being a prohibited person under Subdivision 2, proving they do not fall into any of those categories is a complete defense to that specific theory of liability.
An explosive device causes destruction through sudden high-pressure gas generation (like a bomb), while an incendiary device causes destruction primarily through combustion or fire. Both are regulated under § 609.668, but the mechanism of destruction is the key legal distinction outlined in the definitions.
Standard consumer fireworks used as intended are generally not the focus of this statute. However, § 609.668(1)(a) includes “rockets having a propellant charge of more than four ounces” and “fireworks modified for other than their intended purpose” within the definition of explosive devices. Possessing large, powerful fireworks or altering any firework to make it more destructive could lead to charges.
Generally, criminal statutes require some level of intent or knowledge. For possession charges, the prosecution usually needs to prove you knowingly possessed the item and understood its general nature. If you genuinely had no idea that an object in your possession was an explosive or incendiary device (e.g., you were transporting a sealed package for someone else), this lack of knowledge could potentially serve as a defense.
Subdivision 3(a)(4) allows possession of devices determined by the Commissioner of Public Safety to be collector’s items, relics, or museum pieces due to age, value, design, etc. However, Subdivision 4 requires filing a report with the Department of Public Safety before possessing such items, detailing your information, the item’s description, and its purpose as a collector’s item. Compliance is key.
Yes, under Subdivision 2(d), a conviction for unlawful use, possession, or sale of a controlled substance (excluding small amounts of marijuana) prohibits possession. This also applies if you’ve been committed for treatment for habitual controlled substance use, unless you have proof (like a doctor’s certificate) of not abusing substances for the past two years.
Subdivision 1(c) references the definition in § 624.712, subdivision 5, which includes felonies like murder, assault, kidnapping, manslaughter, robbery, burglary, arson, and terroristic threats, among others. It also specifically adds domestic assault convictions within the last three years or while an Order for Protection is active.
Possessing components with the intent to manufacture an illegal explosive or incendiary device could lead to charges, potentially including attempt or conspiracy, depending on the evidence of intent. The act of manufacturing itself is prohibited under § 609.668(6)(a).
This is a higher standard than simple carelessness. It implies the person knew or should have known their actions created a substantial and unjustifiable risk of harm but consciously ignored that risk, leading to the device discharging. It suggests a reckless indifference to the potential consequences.
Yes, Subdivision 3(a)(1) permits law enforcement officers to possess these devices for use in the course of their duties, provided they comply with the reporting requirements outlined in Subdivision 4. Similar exceptions exist for fire personnel and corrections officers.
You should not touch or move it. Immediately contact local law enforcement or a bomb squad. Possessing it, even briefly after finding it, could technically violate the statute if you are a prohibited person or fail to meet reporting requirements (though prosecutorial discretion might be exercised given the circumstances if reported immediately). Safety and proper reporting are crucial.
No, these items do not fit the definition of explosive or incendiary devices. They operate using compressed air or gas, not through chemical reactions or combustion causing the type of destructive effects outlined in § 609.668.
No, Subdivision 1(a) and 1(b) explicitly state that the definitions of explosive and incendiary devices do not include firearms ammunition. Ammunition is regulated under different statutes.
Subdivision 3(a)(4) allows possession for specific vocations like the entertainment industry, and 3(a)(5) covers federally licensed dealers/manufacturers. However, compliance with federal regulations and the state reporting requirements under Subdivision 4 (filing a report with the Department of Public Safety) is mandatory before possessing the device.
Felony convictions, including those under § 609.668, are difficult to expunge in Minnesota. While expungement law allows for certain felonies to be sealed after a waiting period and meeting specific criteria, the serious nature of explosive device charges might make obtaining an expungement challenging. Eligibility depends heavily on the specifics of the case and the individual’s record.
For a charge under 6(a) based on being a prohibited person or failing to meet reporting requirements, the primary elements are proving the item is a prohibited device and that the defendant possessed it while falling under a prohibited category (Subd. 2) or without proper authorization/reporting (Subd. 3 & 4). Specific intent to use the device unlawfully is not required for this subsection, unlike subsection 6(b).
A conviction under Minnesota Statute § 609.668 extends far beyond potential imprisonment and fines. As a felony offense, it creates a permanent criminal record that triggers numerous collateral consequences, significantly impacting an individual’s life long after the sentence is served. These consequences can affect fundamental rights, future opportunities, and overall quality of life, underscoring the gravity of such charges and the importance of mounting a vigorous defense. Understanding these potential long-term effects is crucial for anyone facing allegations involving explosive or incendiary devices.
A felony conviction under § 609.668 results in the loss of firearm rights under both state and federal law. Minnesota law prohibits individuals convicted of a felony “crime of violence” (which includes violations of § 609.668, as it involves inherently dangerous devices) from possessing firearms indefinitely. Even if the specific offense wasn’t explicitly listed as a crime of violence elsewhere, the nature of explosive devices often leads courts and authorities to treat such convictions as disqualifying. Restoring firearm rights after such a felony conviction is a complex legal process in Minnesota, often requiring a specific petition to the court after a significant waiting period, and success is not guaranteed. This loss impacts not only self-defense rights but also hunting and recreational shooting activities.
Having a felony conviction for an offense involving explosive or incendiary devices creates a significant barrier to employment. Background checks are standard practice for many employers, particularly for positions involving security, handling hazardous materials, working with vulnerable populations, or requiring professional licenses. A conviction of this nature raises serious red flags regarding safety, judgment, and trustworthiness. It can lead to automatic disqualification for certain jobs and make it extremely difficult to find stable, meaningful employment in many fields, limiting career paths and earning potential for years or even a lifetime. The stigma associated with such a serious offense is substantial.
A felony record, especially for a crime perceived as violent or dangerous like those under § 609.668, can severely limit housing options. Landlords frequently run background checks and may deny rental applications based on such a conviction, making it hard to secure safe and stable housing. Furthermore, the substantial fines associated with these offenses (up to $20,000 or even $100,000) can create long-term financial hardship. Beyond fines, court costs, potential restitution, and the cost of legal representation can accumulate, potentially leading to debt and difficulty accessing loans or credit in the future due to the impact on financial stability and perceived risk.
For non-citizens, a conviction under § 609.668 can have devastating immigration consequences. Offenses involving explosive devices are highly likely to be considered aggravated felonies or crimes involving moral turpitude under federal immigration law. Such classifications can lead to mandatory detention, denial of re-entry into the United States, inability to adjust immigration status (like obtaining a green card), denial of naturalization (citizenship), and ultimately, deportation, regardless of how long the individual has lawfully resided in the U.S. or their ties to the community. The immigration stakes are exceptionally high for non-citizens facing these charges.
Minnesota Statute § 609.668 involves highly specific legal definitions for “explosive device” and “incendiary device,” along with detailed criteria for prohibited persons and authorized uses. Determining whether an item legally qualifies under the statute, whether an individual falls into a prohibited category, or if an exception applies requires careful legal analysis. An attorney experienced in Minnesota criminal law can meticulously examine the facts of the case against these statutory definitions and requirements. They understand how courts interpret terms like “articulated,” “destructive effects,” “crime of violence,” and “gross disregard,” and can identify weaknesses in the prosecution’s assertion that the elements of the crime have been met, which is crucial for building a defense.
Individuals facing criminal charges have fundamental constitutional rights, including the right to remain silent, the right to counsel, and the right against unreasonable searches and seizures. Allegations involving explosive or incendiary devices often trigger intensive investigations, potentially involving searches of homes, vehicles, or electronic devices. An attorney plays a critical role in ensuring law enforcement respected these rights throughout the investigation. If evidence was obtained through an illegal search, an improper interrogation, or other constitutional violations, the attorney can file motions to suppress that evidence, potentially preventing the prosecution from using it in court. Upholding these rights is essential to ensuring a fair process and preventing wrongful convictions based on improperly obtained evidence.
A criminal defense attorney does more than just react to the prosecution’s case; they conduct an independent investigation. This might involve interviewing witnesses, consulting with experts (such as chemists or engineers to analyze the alleged device), reviewing police procedures, and gathering evidence that supports the client’s version of events or establishes a legal defense. Based on this investigation and a thorough understanding of § 609.668 and relevant case law, the attorney can identify potential defenses, such as lack of possession, the item not meeting the statutory definition, lack of intent, absence of gross negligence, the defendant not being a prohibited person, or authorized possession, and develop a tailored strategy.
An experienced attorney understands the local legal landscape, including the tendencies of prosecutors and judges in handling § 609.668 cases. They can engage in negotiations with the prosecution, potentially seeking a dismissal, a reduction in charges (plea bargain) to a less serious offense, or an agreement on sentencing if a conviction seems likely. Presenting mitigating factors and highlighting weaknesses in the state’s case can significantly influence these negotiations. If the case proceeds to trial, the attorney provides zealous representation, cross-examining prosecution witnesses, presenting defense evidence, making legal arguments, and advocating for an acquittal before the judge or jury, ensuring the client’s side of the story is effectively heard.
