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Restoration of Gun Rights in MN: Crimes of Violence

Restoration of Gun Rights in MN: Crimes of Violence

Nov 25, 2019

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...

My “Crime of Violence” is Not a Crime of Violence Anymore…Are My Gun Rights Still Prohibited?

Dec 5, 2018

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...

Restoring Gun Rights with a Domestic Assault Conviction

Oct 17, 2017

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...

What is good cause?

Sep 21, 2017

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...

Gun rights study

Jun 26, 2017

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...

If My Spouse Does Not Want to Press Charges for Domestic Assault, Why Isn’t My Case Thrown Out?

If My Spouse Does Not Want to Press Charges for Domestic Assault, Why Isn’t My Case Thrown Out?

May 26, 2017

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...

Gun Rights – What is a Misdemeanor Crime of Domestic Violence?

May 1, 2017

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,...

Minnesota Court of Appeals Rules “Carry” Includes Unloaded, Encased Pistols

Minnesota Court of Appeals Rules “Carry” Includes Unloaded, Encased Pistols

Apr 25, 2017

On April 24, 2017, the Minnesota Court of Appeals ruled that the definition of “carry” with regards to Minnesota Statute § 624.7142, Carrying While Under Influence of Alcohol or Controlled Substance, includes transporting an unloaded pistol in an enclosed case. State v. Larson, No. A16-1538 (Minn. Ct. App. April 24, 2017). Bryan Larson was arrested for the misdemeanor offense of...

How Does the FBI Know My Gun Rights Have Been Restored?

Nov 18, 2016

Once someone has had their right to possess firearms restored in state court, often there is another step needed of notifying the FBI that the person is no longer prohibited from possessing firearms. Prohibited persons are usually listed in the National Instant Criminal Background Check System (NICS) as ineligible to purchase and possess firearms. Most often, if a state restores...

Minnesota Supreme Court Rules BB Gun is Not a Firearm

Oct 21, 2016

On Wednesday, October 19th, 2016, the Minnesota Supreme Court ruled that the plain meaning of a “firearm” does not include a BB gun in State v. Haywood. This decision reverses Minnesota law dating back to 1977 that a BB gun is indeed a firearm. David Haywood was driving in downtown St. Paul on January 1, 2013, when he was stopped...

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