Carrying While Intoxicated
Minn. Stat. 624.7142 — no pistol in public under the influence, or with an alcohol concentration over 0.04
What is prohibited. A person may not carry a pistol in a public place while under the influence of alcohol, a controlled substance, an intoxicating substance known to impair, cannabis or the other products the section names, or a combination of them, or with an alcohol concentration of 0.10 or more, or of more than 0.04 but less than 0.10.
Testing. A peace officer may arrest without a warrant on probable cause, and may require a breath sample for a preliminary screening test. Its result is used to decide whether to arrest and to require further chemical tests, and is not used in court except in the ways the section allows.
| The condition | What follows |
|---|---|
| The conditionUnder the influence, or 0.10 or more | What followsMisdemeanor; gross misdemeanor for a second or later; carry authority revoked, with no reapplying for one year |
| The conditionMore than 0.04 but less than 0.10 | What followsMisdemeanor; carry authority suspended for 180 days, and the pistol is not forfeited |
Where a firearm may be carried at all, and the rules for bars and other places, are on other pages. Whether a person was impaired in a particular case is a question of fact and law for a licensed Minnesota attorney.
Sources for this section (1)
- Minn. Stat. 624.7142 — Carrying while under influence of alcohol or controlled substance
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.