The State of Minnesota has broad range of laws that regulate the possession and use of firearms. Minnesota has a number of laws that regulate the possession and use of firearms.
In Minnesota, it is unlawful for a person to possess firearms if he or she has been convicted of certain crimes. https://www.revisor.mn.gov/statutes/cite/624.712#stat.624.712.5These laws are intended to prevent dangerous individuals from possessing firearms and to ensure public safety. The types of offenses that can result in a felony crime of violence conviction or a misdemeanor that can result in a prohibition on possession of firearms include:
- Domestic assault or domestic abuse;
- Making terroristic threats against another person. This is now called “threats of violence”;
- Malicious punishment of a child
- Felony assault
- Felony criminal sexual conduct
- Felony burglary
- Possession of a controlled substance (or other illegal drugs).
Felon in possession of a firearm
Felon in possession of a firearm is a crime that occurs when someone:
- Is convicted of a felony crime of violence offense, or has been adjudicated delinquent for any felony crime of violence offense, has a lifetime ban on possession of a firearm, and
- Has in their possession or control any firearm.
The punishment for this charge in Minnesota state courts is usually a mandatory minimum of five (5) to fifteen (15) years in prison. For a first time offender, a downward dispositional departure to probation is possible. However, for second offense of felon in possession of a firearm, a defendant is subject to a “mandatory mandatory,” where, if convicted, the court is required to send a defendant to prison.
Carrying without a permit
Carrying a firearm without a permit is a gross misdemeanor. Carrying a firearm without a permit is also aggravated if it is committed a second time, where it becomes a felony.
Carrying a firearm in a school
There are a few different ways you can be charged with carrying a firearm in a school. The most common way is to carry the weapon inside of a school building. This charge can also apply if you have the weapon on your person while entering or leaving through any doorway that leads into the school building, even if it’s not in your hand at that time.
Presenting a prohibited item at airport security checkpoint
Prohibited items may include the following:
- Weapons, ammunition, and explosives
- Realistic replicas of weapons that can fire a projectile
- Knives with blades longer than 5 inches
- Firearms or ammunition carried in checked baggage that are not declared and manifested at the ticket counter or check-in desk. Firearms carried by pilots in the cockpit are allowed. Air marshals who carry firearms while on duty may keep them during airport stops if they can show they are federal law enforcement officers.
Criminal Defense Lawyer, Lynne Torgerson, (612) 339-5073, a lawyer of excellence and experience of over 30 years, can represent you or your loved one on all criminal charges, all misdemeanors, gross misdemeanors, and felonies, throughout the State of Minnesota. Ms. Torgerson also successfully handles gun rights restoration cases, carry permit appeals, permit to purchase denials, gun purchase denials, and Second Amendment litigation, in state and federal courts. For representation please call (612) 339-5073.