Possession of Firearms Disqualification

Removal of crime of violence designation makes person legal to possess firearms 

In 1998, Petitioner was adjudicated of felony theft of a motor vehicle, which at that time was designated as a felony crime of violence.  In 2014, the Minnesota Legislature eliminated felony theft of a motor vehicle from the list of crimes which constitute a felony crime of violence.  In 2017, Petitioner applied for a permit to carry.  The Sheriff concluded that Petitioner had a lifetime bar on possession of firearms because of this 1998 adjudication of felony theft of a motor vehicle.  The trial court, and Minnesota Court of Appeals affirmed.  The Minnesota Supreme Court reversed.  The Minnesota Supreme Court held that the law in effect at the time of an application for a permit to carry is what governs, not what the law said in 1998.  Petitioner is now legal to possess and carry firearms.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Tapia v. Leslie, A19-0627, Minnesota Supreme Court.

By |2020-11-09T01:35:45+00:00November 9th, 2020|Victories/Case Law Updates|0 Comments

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