Appendix 2. Dangerous Weapons Offense Reference Table
This table is for convenience when applying mandatory sentences (section 2.E) and presumptive sentences (section 2.C). It is not exhaustive.
Presumptive disposition. Commitment.
Presumptive duration. Mandatory minimum or the duration in the appropriate cell on the applicable Grid, whichever is longer.
Attempts and Conspiracies. Mandatory sentences generally apply to attempted offenses under Minnesota Statutes, section 609.17 and conspiracies under Minnesota Statutes, section 609.175. Mandatory minimums are not divided in half. The presumptive duration is the mandatory minimum duration found in statute or one-half of the duration in the appropriate cell of the applicable Grid, whichever is longer. (See section 2.G for more information on convictions for attempts, conspiracies and offenses with the other sentence modifiers.)
Dangerous Weapons - Minnesota Statutes, Section 609.11 | |||
Statute | Offense | Prerequisite or Conditions | Minimum Dura- tion |
609.11, subd. 4 | Dangerous Weapon (Other than Firearm) | Weapon is an element of crime or otherwise established | 1 year and 1 day |
609.11, subd. 4 | Dangerous Weapon (Other than Firearm) - Subsequent Offense | Current dangerous weapon (other than firearm) offense with prior dangerous weapon (other than firearm) offense Weapon is an element of crime or otherwise established | 36 months |
609.11, subd. 5(a) | Firearm | Firearm is an element of crime or otherwise established | 36 months |
609.11, subd. 5(a) | Firearm - Subsequent Offense | Current firearm offense with prior firearm offense Firearm is an element of crime or otherwise established | 60 months |
609.11, subd. 5(b) | Certain Persons not to have Firearms or Ammunition | Current conviction under Minnesota Statutes, section 609.165, or Minnesota Statutes, section 624.713, subd. 1(2) | 60 months |