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Threatening with a Gun

There are two primary ways that threats with a gun or something that looks like a gun are charged. 

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  1. Threats of Violence

  2. 2nd Degree Assault (fear)

1. Threats of Violence

(Minn. Stat. § 609.713)

The most frequent subdivision of threats of violence that is charged is for verbal threats of a crime of violence under subdivision 1. However, displaying, exhibiting, or brandishing a replica firearm or BB gun can be a gross misdemeanor offense under subdivision 3. 

2. 2nd Degree Assault (fear)

(Minn. Stat. § 609.222 subd. 1)

Many people assume that to be guilty of assault one would need to physically harm another person. But there are numerous statutes that allow a person to be guilty of assault if the defendant caused fear of imminent harm. 2nd degree assault criminalizes the use of a dangerous weapon in committing an assault (which includes fear based assault) against another person. A dangerous weapon includes guns, knives, and other objects capable of producing death or great bodily harm. See Minn. Stat. 609.02 subd. 6.

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