In Minnesota, the ability to carry a handgun in your vehicle depends on whether or not you have a permit to carry and how the handgun is transported. No Permit If you do not have a permit to carry, you cannot carry a loaded handgun in your vehicle. In order to transport a handgun in your vehicle without a permit,...
Under Minnesota law, certain individuals are barred from possessing a firearm. Included in the list of ineligible possessors are those convicted of a crime of violence. A conviction of a crime of violence carries with it a lifetime firearm ban. For more information on what constitutes a crime of violence, see our blog “What Are ‘Crimes of Violence’ in Minnesota”....
On December 30, 2019, in White Settlement, Texas, a gunman walked into a church and opened fire, killing two people. Seconds after the shooting began, the church’s head of security fatally shot the gunman and the incident was over. The shooting raised questions about the intersection of the law between the right to carry, the right for private establishments to...
With hunting season underway, it is important to understand how past convictions could affect your gun rights. In Minnesota, a person convicted of a crime of violence cannot possess firearms. Minnesota Statute § 609.165, Subd. 1a says certain convicted felons are ineligible to possess firearms or ammunition. The statute explains, “that a person who has been convicted of a crime...
In Minnesota, persons convicted of a Felony “Crime of Violence” are subject to a lifetime firearms prohibition. A gross misdemeanor, misdemeanor, or stay of adjudication is not sufficient to trigger the prohibition. There must be a felony conviction. This includes a stay of imposition where the conviction is a felony conviction while on probation and then converts to a misdemeanor...
So you have a domestic assault conviction for causing bodily harm to a romantic partner or a person to whom you are acting as a parent. Your gun rights are gone for life under the federal Lautenberg amendment, 18 U.S.C. 922(g)(9). How to fix this? Some mistakenly believe they can file a petition in district court to restore the right...
In order to restore gun rights following a felony conviction for a crime of violence in Minnesota, Minn. Stat. § 609.165, Subd. 1d states a person must demonstrate good cause to restore rights. What is good cause? The only published, precedential case on this area of law is State v. Averbeck, 791 N.W.2d 559, 561 (Minn. App. 2010). In determining...
In March 2013, the Minnesota Legislature was in legislative session following the December 2012 attack on Sandy Hook Elementary School in Connecticut, in which 20 children ages six and seven were killed by a gunman. In response, there was a proposal in the Minnesota Senate to abolish Minn. Stat. 609.165, Subd. 1d, which allows persons convicted of or adjudicated delinquent...
Whether right or wrong, sometimes victims of domestic assault do not want their assailants to incur criminal charges and consequences. Police investigate these situations and provide their reports to prosecutors. It is prosecutors, and only prosecutors, who make decisions on whether to charge an individual with a crime, and how to resolve, dispose, or try a case. A prosecutor is...
Currently, persons convicted of a misdemeanor crime of domestic violence are prohibited from possessing firearms for three years from the date of conviction under Minnesota law, but prohibited for life under federal law. What is a Misdemeanor Crime of Domestic Violence and what is not? The first is to ensure the offense resulted in an actual conviction. Stays of adjudication,...
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