Second Amendment Attorney Lynne Torgerson wins very unusual gun rights case out of Ramsey County, Minnesota. Ms. Torgerson’s client, Petitioner, over 20 years earlier, was convicted of felony fleeing in a motor vehicle. Petitioner did not have any further convictions for the next 23 years and led a law abiding life style. Initially, it appeared that a NICS Appeal in United States District Court would be necessary, because there was no valid reason for Petitioner to be denied his gun rights. However, in the process of representation, the over 20 year old records were obtained and reviewed. Upon reviewing the records, it was noticed that when he was discharged from probation in the Order of Discharge from Probation, the Clerk of Court erroneously wrote that he was convicted of a felony crime of violence, whereby he would be barred from possessing firearms for life. There were other errors in the document as well. Ordinary felony convictions do not bar Minnesotans from possessing firearms for life, but only before discharge from probation. So, the erroneous entry wrongfully prohibited Petitioner from possessing firearms and his Second Amendment rights. This reveals why it is so important for courts to enter accurate information into court records! This also revealed that the better option was to pursue a remedy in Ramsey County District Court, not the United States District Court. Ms. Torgerson therefore brought a motion to correct the entries in the Order for Discharge from Probation in Ramsey County District Court. The Honorable Thomas A. Gilligan, Jr. agreed with the motion, and granted correction of errors in the Order of Discharge from Probation. This resulted in the restoration of Petitioner’s gun rights. Well done Ms. Torgerson.
Lynne Torgerson Wins Unusual Gun Rights Case in Ramsey County
- Lynne Torgerson
- June 18, 2023