Firearm Rights

Protect your Firearm Rights

I am a lifelong lover of the outdoors. I enjoy all forms of hunting and shooting sports.  Crucial to that is firearms. The Second Amendment of the Constitution grants you the Right to Keep and Bear Arms.  However, it has become increasingly easy for the government to take that right away. Convictions for minor offenses, or even offenses committed as a child can take those rights away. Get them back!

What can you do? First, choose an attorney who has experience in Criminal Law and understands the relevant laws and potential consequences before conviction occurs.  Second, if you have lost your rights, you may be able to get them back. Even with a lifetime ban, it may be possible to have those rights restored. Call for a consultation.

Restoration of Gun Rights After Felony Conviction

May people don’t know that certain criminal convictions, even relatively minor ones, may disqualify you from owning or possessing a firearm for life.  Even delinquencies and cases that occurred as a juvenile can take away your rights.  Some crimes are classified as crimes of violence, even though they may not appear to be (such as felony drug possession – including marijuana).  Possessing a firearm when ineligible is a serious felony carrying a mandatory prison sentence.

Prior to 2003, many people with felony convictions were discharged from probation and were told: “You are not entitled to ship, transport, possess, or receive a firearm until 10 years have elapsed since you have been restored to civil rights and during that time, you were not to have been convicted of any other crimes of violence.”  Many people in this situation had their convictions reduced to misdemeanors and began waiting for the 10 years to elapse before trying to buy a gun.  In 2003, the legislature retroactively and without any notice to these individuals, changed their 10 year ban to lifetime bans on guns.  This applied to everyone sentenced or discharged from probation after August 1, 1993.  This is causing a lot of confusion and is potentially making these individuals criminals without their knowledge.

You can get your rights back.  You can petition a court to restore your gun rights.  We highly recommend doing so with the help of an experienced attorney.  If you are denied, you must wait for three years before trying again, so do it right the first time.  We have experience in dealing with these cases as well as the prosecutors and judges in the area.  We help you put together the information necessary and present it in a manner to show the judge and prosecutor that you are a responsible individual that can be trusted with firearms.  Many of our cases result in the prosecutor agreeing to restore rights.

Permit to Carry Denial

If you are denied a permit to carry in Minnesota (also known as a conceal carry permit), you can appeal that denial to the Court. If you can show that the Sheriff wrongfully denied the permit, you are even entitled to costs, expenses and attorney fees.  Sheriffs have been denying some applications due to old convictions or minor convictions. If you were denied, call for a free consultation. There may be something you can do about it.

Domestic Assault Loss of Firearm Rights
(Lautenberg Amendment)

Many people don’t know that conviction for a crime of domestic assault can take your gun rights away for life.  Congress in 1996 passed the Domestic Violence Offender Gun Ban (“Gun Ban for Individuals Convicted of a Misdemeanor Crime of Domestic Violence”, 18 U.S.C. § 922(g)(9)).  What this does is make any crime of domestic assault or any crime that involves a family member and the use of force a disqualifying offense.  That commonly includes Domestic Assault and some cases of Disorderly Conduct.  There are many inexperienced attorneys that don’t understand the law and inadvertently advise clients to take plea deals that result in the loss of rights.

In many circumstances, we can get your rights back.  If you have lost your rights, call for a free consultation.

Minnesota Red Flag Law

Minnesota has enacted a new law enabling law enforcement, a prosecutor, or family member to get an order from a judge to force a respondent to give up any guns they have, and to stop them from being able to buy any new guns. Minnesota Statute 624.7171 outlines the process. Basically, if a judge determines they are a “significant danger” of harm to others or a “significant risk” of suicide, then the judge will issue an order. This is a new law, so it is unknown how much it will be used. If you need an attorney to assist you in either obtaining an order, or fighting it, contact us for a consultation.

For more links to firearms laws and information – visit our links below.