Illegal Possession of a Firearm Minneapolis, MN

Illegal possession of a firearm is a serious crime in Minnesota. If you have been accused of possession of a firearm by an ineligible person, the attorneys at Brandt Criminal Defense can help. Our criminal lawyers have been handling firearms cases for over 20 years. We understand the best way to defend a case – when to negotiate, and when to litigate. We provide free, confidential consultations, and can help sort through the myriad of state and federal firearms prohibitions.

Illegal Possession of a Firearm

There are state prohibitions on possessing firearms, as well as federal prohibitions. One or both of these sets of laws may apply to your situation. In Minnesota, you can be charged with possession of a firearm by an ineligible person if you possess a firearm and any of the following applies:

  1. You have been convicted of a domestic assault related misdemeanor or greater crime;
  2. You are under age 18 (with certain exceptions);
  3. You have been judicially committed as mentally ill or chemically dependent;
  4. You have been charged with a “crime of violence” and are participating in a diversion program;
  5. You have been convicted of a felony offense and are on probation;
  6. You are an unlawful user of controlled substances;
  7. You are not in the United States legally;
  8. You were dishonorably discharged from the military;
  9. You have renounced your United States citizenship;
  10. You have been convicted of any of the following gross misdemeanor offenses: a crime for the benefit of a gang, assault motivated by bias, false imprisonment, child endangerment, child neglect, fourth degree burglary, setting a spring gun, riot, or stalking; or
  11. You are currently charged with a pending felony offense.

Possession of a firearm by an illegible person is a gross misdemeanor in the State of Minnesota, punishable by up to 365 days in jail and a $3,000 fine. A person can also be charged in federal district court in some circumstances, with varying penalties and punishment.

In Minnesota, there is also the more serious crime of being a Felon in Possession of a Firearm. This is for persons who have been adjudicated delinquent (as a juvenile) or convicted of a Felony Crime of Violence as defined in Minn. Stat. § 624.712, Subd. 5. This list includes felony convictions for the following offenses:

    1. Felony drug offenses;
    2. Theft of a motor vehicle;
    3. Theft of a firearm;
    4. Theft of a controlled substance;
    5. Murder;
    6. Aiding suicide;
    7. First, second, third, or Fourth degree assault;
    8. Crimes for benefit of a gang;
    9. Robbery;
    10. Kidnapping;
    11. False imprisonment;
    12. Soliciting prostitution;
    13. First, second, third, or fourth degree criminal sexual conduct;
    14. Malicious punishment of a child;
    15. Child endangerment;
    16. Child neglect;
    17. First or second degree arson;
    18. First, second, or third degree burglary;
    19. Drive by shooting;
    20. Riot;
    21. Terroristic threats; or
    22. Stalking/Harassment.

If convicted of possession of a firearm you are susceptible to a new felony charge carrying a punishment of up to 15 years in prison and $30,000 in fines. There is a required five-year mandatory minimum prison sentence.

Our attorneys are experienced in handling firearms cases, and thoroughly understand the complicated federal and state laws that apply to your ability to possess firearms. We have a proven track record of handling and resolving illegal possession of firearms cases. Not only will we put together a plan to deal with your current charges, but we can also put together a plan to possibly restore your right to possess firearms in the future, to ensure you do not find yourself in this position again. We are up to date on the latest charges in the law, and have pioneered innovative defense strategies now used by other lawyers.

Contact us today to schedule your free consultation at 763-421-6366.