Minnesota Firearms Attorney
The Second Amended to the Federal Constitution provides that every person has the right to bear arms.
"A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
- Second Amendment, the U.S. Constitution
This is not always the case. There are numerous criminal offenses that if convicted will strip you of this constitutional right. Most of these criminal offenses are referred to as “crimes of violence.” Generally, a person is not allowed to use, possess, transport or purchase a firearm after having been convicted of a felony offense or a crime of violence. The prohibition can be for life, depending on the type of offense. Even certain gross misdemeanor convictions can cause one to loss to the right to possess firearms. Each year hundreds of people plead guilty to criminal offense not realizing the collateral consequences of the firearm prohibition.
It is important that you understand how critical the proper criminal defense attorney is when your rights and perhaps even your livelihood need defending. Brent Schafer is a former county prosecutor attorney and has practiced criminal law for over 17 years. He has represented 100’s clients who have faced serious criminal charges that would have resulted in the loss of the right to hunt or otherwise enjoy the privilege of carting a firearm. He has represented clients in 58 of Minnesota's 82 counties.
If you are a person who has been convicted or is charged with an offense that will cause a firearm possession prohibition, you need aggressive and knowledgeable representation. A person who is caught possessing a firearm when subject to this prohibition will be charged with a felony. If convicted, Minnesota law requires that person to serve up to 5 years in prison.
If you or your love one has been charged with a felony or other serious criminal offense, a conviction will have collateral consequences you may have never considered. Brent Schafer is an experienced criminal defense attorney who can answer your questions, prepare a thorough defense, and help ease your mind as your case moves through the complex legal system. Call 651-452-2136 or Toll Free at 1-877-880-9900 today for a free consultation regarding your case. Brent is willing to speak with you 7 days a week, 24 hours a day, if necessary. Schafer Law Firm accepts all major credit cards and offers payment plans. You will find his fees to be reasonable and competitive with other quality criminal defense firms in the area.
Brent Schafer practices in the following counties: Hennepin County, Ramsey County, Washington County, Dakota County, Scott County, Anoka County, Isanti County, Pine County, Chisago County, Goodhue County, Winona County, Wabasha County, Rice County, Houston County, Olmsted County, Fillmore County, Mower County, Freeborn County, Martin County, Jackson County, Nobles County, Rock County, Pipestone County, Murray County, Cottonwood County, Dodge County, Steele County, Waseca County, Blue Earth County, Brown County, Redwood County, Nicollet County, Lyon County, Lincoln County, Yellow Medicine County, Renville County, Lac Qui Parle, Chippewa County, McLeod County, Carver County, Wright County, Meeker County, Kandiyohi County, Sherburne County, Benton County, Sterns County, Pope County, Douglas County, Grant County, Stevens County, Swift County, Big Stone County, Traverse County, Wilkin County, Otter Tail County Todd County, Morrison County, Mille Lacs County, Carlton County, Aitkin County, Crow Wing County, Sibley County, Wadena County, Cass County Hubbard County, Becker County, Clay County, Norman County, Cook County, Lake County, St. Louis, Itasca County, Koochiching County, Beltrami County, Lake of the Woods County, Mahnomen County, Roseau County, Kittson County, Marshall County, Polk County, Pennington County, Red Lake County, Kanabec County and Faribault County.
CERTAIN PERSONS NOT TO POSSESS FIREARMS.
Ineligible persons
The following persons shall not be entitled to possess a pistol or semiautomatic military-style assault weapon or, except for clause (1), any other firearm:
(1) a person under the age of 18 years except that a person under 18 may carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual presence or under the direct supervision of the person's parent or guardian, (ii) for the purpose of military drill under the auspices of a legally recognized military organization and under competent supervision, (iii) for the purpose of instruction, competition, or target practice on a firing range approved by the chief of police or county sheriff in whose jurisdiction the range is located and under direct supervision; or (iv) if the person has successfully completed a course designed to teach marksmanship and safety with a pistol or semiautomatic military-style assault weapon and approved by the commissioner of natural resources;
(2) except as otherwise provided in clause (9), a person who has been convicted of, or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in this state or elsewhere, a crime of violence. For purposes of this section, crime of violence includes crimes in other states or jurisdictions which would have been crimes of violence as herein defined if they had been committed in this state;
(3) a person who is or has ever been committed in Minnesota or elsewhere by a judicial determination that the person is mentally ill, developmentally disabled, or mentally ill and dangerous to the public, as defined in section 253B.02, to a treatment facility, or who has ever been found incompetent to stand trial or not guilty by reason of mental illness, unless the person's ability to possess a firearm has been restored under subdivision 4;
(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or gross misdemeanor violation of chapter 152, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other such violation of chapter 152 or a similar law of another state; or a person who is or has ever been committed by a judicial determination for treatment for the habitual use of a controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the person's ability to possess a firearm has been restored under subdivision 4;
(5) a person who has been committed to a treatment facility in Minnesota or elsewhere by a judicial determination that the person is chemically dependent as defined in section 253B.02, unless the person has completed treatment or the person's ability to possess a firearm has been restored under subdivision 4. Property rights may not be abated but access may be restricted by the courts;
(6) a peace officer who is informally admitted to a treatment facility pursuant to section 253B.04 for chemical dependency, unless the officer possesses a certificate from the head of the treatment facility discharging or provisionally discharging the officer from the treatment facility. Property rights may not be abated but access may be restricted by the courts;
(7) a person, including a person under the jurisdiction of the juvenile court, who has been charged with committing a crime of violence and has been placed in a pretrial diversion program by the court before disposition, until the person has completed the diversion program and the charge of committing the crime of violence has been dismissed;
(8) except as otherwise provided in clause (9), a person who has been convicted in another state of committing an offense similar to the offense described in section 609.224, subdivision 3, against a family or household member or section 609.2242, subdivision 3, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other violation of section 609.224, subdivision 3, or 609.2242, subdivision 3, or a similar law of another state;
(9) a person who has been convicted in this state or elsewhere of assaulting a family or household member and who was found by the court to have used a firearm in any way during commission of the assault is prohibited from possessing any type of firearm for the period determined by the sentencing court;
(10) a person who:
(i) has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
(ii) is a fugitive from justice as a result of having fled from any state to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding;
(iii) is an unlawful user of any controlled substance as defined in chapter 152;
(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the public, as defined in section 253B.02;
(v) is an alien who is illegally or unlawfully in the United States;
(vi) has been discharged from the armed forces of the United States under dishonorable conditions; or
(vii) has renounced the person's citizenship having been a citizen of the United States; or
(11) a person who has been convicted of the following offenses at the gross misdemeanor level, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other violation of these sections: section 609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring gun); 609.71 (riot); or 609.749 (harassment and stalking). For purposes of this paragraph, the specified gross misdemeanor convictions include crimes committed in other states or jurisdictions which would have been gross misdemeanors if conviction occurred in this state.
A person who issues a certificate pursuant to this section in good faith is not liable for damages resulting or arising from the actions or misconduct with a firearm committed by the individual who is the subject of the certificate.
The prohibition in this subdivision relating to the possession of firearms other than pistols and semiautomatic military-style assault weapons does not apply retroactively to persons who are prohibited from possessing a pistol or semiautomatic military-style assault weapon under this subdivision before August 1, 1994.
The lifetime prohibition on possessing, receiving, shipping, or transporting firearms for persons convicted or adjudicated delinquent of a crime of violence in clause (2), applies only to offenders who are discharged from sentence or court supervision for a crime of violence on or after August 1, 1993.
For purposes of this section, "judicial determination" means a court proceeding pursuant to sections 253B.07 to 253B.09 or a comparable law from another state.
Ineligible to receive, ship, transport
A person presently charged with a crime punishable by imprisonment for a term exceeding one year shall not be entitled to receive, ship, or transport any pistol or semiautomatic military-style assault weapon. A violation of this subdivision is a gross misdemeanor.
Penalties
(a) A person named in subdivision 1, clause (1), who possesses a pistol or semiautomatic military-style assault weapon is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
(b) A person named in subdivision 1, clause (2), who possesses any type of firearm is guilty of a felony and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both. This paragraph does not apply to any person who has received a relief of disability under United States Code, title 18, section 925, or whose ability to possess firearms has been restored under section 609.165, subdivision 1d.
(c) A person named in any other clause of subdivision 1 who possesses any type of firearm is guilty of a gross misdemeanor.
Notice
(a) When a person is convicted of, or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, a crime of violence as defined in section 624.712, subdivision 5, the court shall inform the defendant that the defendant is prohibited from possessing a pistol or semiautomatic military-style assault weapon for the remainder of the person's lifetime, and that it is a felony offense to violate this prohibition. The failure of the court to provide this information to a defendant does not affect the applicability of the pistol or semiautomatic military-style assault weapon possession prohibition or the felony penalty to that defendant.
(b) When a person, including a person under the jurisdiction of the juvenile court, is charged with committing a crime of violence and is placed in a pretrial diversion program by the court before disposition, the court shall inform the defendant that: (1) the defendant is prohibited from possessing a pistol or semiautomatic military-style assault weapon until the person has completed the diversion program and the charge of committing a crime of violence has been dismissed; (2) it is a gross misdemeanor offense to violate this prohibition; and (3) if the defendant violates this condition of participation in the diversion program, the charge of committing a crime of violence may be prosecuted. The failure of the court to provide this information to a defendant does not affect the applicability of the pistol or semiautomatic military-style assault weapon possession prohibition or the gross misdemeanor penalty to that defendant.
Restoration of firearms eligibility to civilly committed person; petition authorized
(a) A person who is prohibited from possessing a firearm under subdivision 1, due to commitment resulting from a judicial determination that the person is mentally ill, developmentally disabled, mentally ill and dangerous, or chemically dependent, may petition a court to restore the person's ability to possess a firearm.
(b) The court may grant the relief sought in paragraph (a) in accordance with the principles of due process if the circumstances regarding the person's disqualifying condition and the person's record and reputation are determined to be such that:
(1) the person is not likely to act in a manner that is dangerous to public safety; and
(2) the granting of relief would not be contrary to the public interest.
(c) When determining whether a person has met the requirement of paragraph (b), clause (1), the court may consider evidence from a licensed medical doctor or clinical psychologist that the person is no longer suffering from the disease or condition that caused the disability or that the disease or condition has been successfully treated for a period of three consecutive years.
(d) Review on appeal shall be de novo.
If you have lost your right to possess a firearm and want to take action to restore your constitutional rights, call Brent today. He can advise you as to your various options and move quickly to get the process started. Call 651-452-2136 or Toll Free at 1-877-880-9900 today for a free consultation regarding your case. Brent is willing to speak with you 7 days a week, 24 hours a day, if necessary.