PETITION TO RESTORE SECOND AMENDMENT GUN RIGHTS
Minnesota Gun Rights Restoration Lawyer Lynne Torgerson is an expert in getting people’s Second Amendment rights restored. She has won gun rights cases in 36 different counties in the State of Minnesota, and, at the Minnesota Court of Appeals. These cases are published. You cannot find another lawyer with such published successes.
In Minnesota, a person loses their Second Amendment rights, their gun rights, when they are convicted of a felony crime of violence. Under the Second Amendment, American citizens have the right to keep and bear arms. “Keep” means to possess, and “bear” means to carry, and to carry means, in public.
Then, the Minnesota legislature essentially took about 25 crimes and labeled them crimes of violence, even if they did not involve violence. The Minnesota legislature declared that people convicted of these crimes indicates dangerousness and therefore their gun rights should be revoked for life. Some examples of felony crimes of violence include possession of methamphetamine, murder, felony assault, felony criminal sexual conduct, robbery, kidnapping, false imprisonment, promotion of prostitution, felony malicious punishment of a child, felony commission of a crime while wearing a bullet resistant vest, felony theft of a firearm, arson, burglary, riot, terroristic threats and threats of violence.
In the very same statute however, the legislature provided that a person could bring a petition to restore their gun rights, their Second Amendment rights. The statute, 609.165, set up a two prong test. First, the person must have been released from physical confinement. Second, the person must establish good cause. Good cause has pretty much been interpreted as maturity and lack of dangerousness. Which, indeed, makes sense: if the State took away someone’s rights because their conviction indicated dangerousness, if they prove lack of dangerousness, they should restore their gun rights.
A general rule of thumb for gauging likelihood of success is: the longer it has been with no criminal conviction, the less serious the convictions, and the fewer number of convictions, the greater likelihood that a petition for restoration of gun rights will be granted.
When a person has been convicted of a felony crime of violence under Minnesota law, they are barred for life under both Minnesota state law, and, federal law. Federal law provides that if a state takes away a person’s gun rights, and then restores them, that then the federal authorities are required to remove the federal prohibition.
RESTORATION OF GUN RIGHTS VIA EXPUNGEMENT
If a person is convicted of a misdemeanor crime of domestic violence, the person’s gun rights under Minnesota law are generally speaking, revoked for 3 years. Under federal law however, the person’s gun rights are revoked for life. However, the federal statute also states that if a person obtains an expungement, that then, the federal authorities are required to remove the lifetime prohibition. So, if a person gets an expungement of a misdemeanor domestic assault conviction, this should remove the federal prohibition, and, make them legal under both state and federal law.
Recently however, the FBI has taken the position that Minnesota expungements are not good enough, in its opinion. The FBI should lose this argument, as it is absurd. Without any judicial opinion, the FBI declared all Minnesota expungements insufficient to restore a person’s gun rights. The FBI’s position essentially is that because Minnesota expungement doesn’t destroy all the criminal records, that therefore, the expungement isn’t good enough. The FBI, via its opinion, eliminated restoration of gun rights in the entire State of Minnesota via expungements. Again, this argument should fail. The statute on construction of laws provides that a statute cannot be construed to render an absurdity. Well, virtually every state in the Union only seals records, and does not destroy them. So, the FBI’s opinion essentially eliminates restoration of gun rights via expungement throughout our entire country. That is absurd. Congress would not enact a statute saying a person’s gun rights should be restored if they get an expungement, and then provide that no expungement in the entire United States is good enough. Right? That is absurd. The FBI’s opinion renders the federal statute a nullity. And yes, that is absurd. Hence, the FBI’s opinion should fail.
Minnesota gun rights restoration lawyer expert Lynne Torgerson is currently in the process of putting together a case on this very issue, to initially challenge the FBI’s opinion on this statute. Ms. Torgerson believes that her client will prevail, and that the FBI’s absurd opinion will lose. This is a very important issue, and probably affects hundreds of thousands, if not millions of peoples’ gun rights. It appears that the FBI is simply very anti Second Amendment.
Do not believe or trust the lawyers who tell you . . . You cannot get your gun rights restored via an expungement. This has NEVER been decided in a federal court, and, it is imply the absurd, bad, invalid, wrongful opinion of the FBI. It appears that these supposed gun rights lawyers are actually siding with the anti Second Amendment camp and should not be trusted. They say that you have to get a “set aside.” Well, Minnesota does not even have a procedure in the entire State to obtain a “set aside.” There is no such thing. Again, bad, untrustworthy advice.
Federal law says in black and white that if you obtain an expungement, that then, the federal prohibition is supposed to be removed. Do not let the FBI get away with this. Challenge this absurd opinion in federal court.
Lynne Torgerson will shortly be filing such a case, and, she expects to win. Wish her good luck!
Minnesota Second Amendment Lawyer Lynne Torgerson, a lawyer of excellence 30 years, can represent you on Minnesota Gun Rights Restoration cases. She supports the Second Amendment. She wants to help you. She is an expert in her field. She knows what she is doing, and, does it well. For gun rights restoration, call Best Gun Rights Restoration Attorney Lynne Torgerson at (612) 339-5073.