Gun Rights in Minneapolis & Saint Paul MN
If your gun rights have come into question, you likely need the guidance of an experienced attorney. There are state laws which prohibit certain persons from possessing firearms, as well as federal laws that also prohibit certain persons from possessing firearms. Many times one set of laws applies but not the other. Many times these laws overlap. Sometimes they even conflict. Our attorneys practice extensively in federal and state laws related to your right to possess firearms and the restoration of those rights. Please call us – we are happy to help you sort through what can be a confusing situation. The lawyers at Brandt Criminal Defense can help you obtain relief through an expungement, a judicial challenge to the denial of your permit to purchase or permit to carry a firearm, a petition to restore rights following a felony conviction, or a pardon. We also handle petitions to restore firearms rights following a judicial order for civil commitment.
Currently in Minnesota, offenders convicted or adjudicated delinquent of a crime listed under Minn. Stat. § 624.712, Subd. 5 (Crimes of Violence) have a lifetime prohibition on possessing firearms. While on the surface this seems like common sense, unfortunately, the list of crimes of violence includes all sorts of offenses, such as theft of a motor vehicle (a property offense) and all drug crimes in chapter 152 (typically an offense that does not involve a known victim or actual violence). A full list of “Crimes of Violence” is here: https://www.revisor.mn.gov/statutes/?id=624.712. If you have been convicted of a felony crime of violence, you must file a specific petition to restore gun rights. Expungement does not cure the ability to possess firearms in this situation.
If a person was convicted of a misdemeanor crime of domestic violence, a person may apply for an expungement, which will restore gun rights under federal law.
Many persons who are eligible for a permit to purchase a firearm are still denied a permit to carry a firearm. The standards and requirements for a permit to carry a concealed firearm in Minnesota are stricter than permits to purchase a firearm and background checks to determine eligibility are often more extensive. Many times, a person denied a permit to carry a concealed weapon even already has a valid permit to purchase firearms. You have the ability to have a judge review the denial of your permit to purchase or your permit to carry.
Gun rights restoration cases are often strongly opposed by prosecutors and police. Because these cases are often vigorously opposed by prosecutors, the legal assistance of a lawyer is usually necessary. Be aware, for example, that persons convicted of a felony crime of violence who apply to have their gun rights restored are prohibited from applying to the court again for a period of three years if their request is denied by a judge. It is important that the process be done correctly the first time.
Contact us today to schedule your free consultation at 763-421-6366.