Fight For Your Right To Own Firearms After A Criminal Charge
For you, firearms aren’t just a tool or a hobby; they are a way of life. When you get certain criminal charges on your record in Minnesota, courts can restrict your ability to own firearms if you’ve been charged with a crime, leaving you feeling like you’ve lost part of your identity.
Kohlmeyer Hagen, Law Office Chtd. can work with you to help you restore your right to firearms by seeking approval from the courts. We have a thorough understanding of how the process works, and we will use our knowledge of these cases and the Minnesota criminal justice system to help you advocate for your wishes and pursue the outcome you want.
What Qualifies As A Firearm In Minnesota?
A firearm is not just a weapon that uses gunpowder. A firearm can include any gun from which a shot or a projectile discharge through an explosive, gas, or compressed air. IF the gun can pierce and harm the objects struck. Further, Minnesota courts have determined that the term includes a BB gun. However, you may be relieved to hear that the courts have some common sense and have held that items such as a paintball gun are not a firearm for purposes of this law.
What Convictions Can Prevent You From Owning A Firearm?
Here are the most common categories of convictions that will render you ineligible, although keep in mind that, due to length, this list is not exclusive:
Juveniles Convicted Of Violent Crimes
This includes crime committed in other state that Minnesota law would view as violent crime. The definition of a “crime of violence” is a long laundry list of offenses. Still, it includes offenses like assault, robbery, kidnapping, arson, and certain sex offenses.
Anyone Deemed “Mentally Ill”
Whether the commitment was in Minnesota or another state (although the law does have a provision for reinstatement of this category of a person’s eligibility to own a firearm).
Anyone Treated For Chemical Dependency Issues
This can include people who’ve dealt with both alcohol and drug addiction.
Those Convicted Of Crimes That Involve Up To A Year In Prison
Note that your sentence term doesn’t have to be longer than a year for the ban to apply. It can apply if the offense is theoretically punishable for a term longer than one year.
Those Convicted Of Certain Gross Misdemeanors
Those can include:
- Crimes committed on behalf of a gang
- Assault motivated by bias
- False imprisonment
- Neglect or endangerment of a child
- Fourth-degree burglary
- Setting a spring gun and stalking
If three years have passed since your conviction of any of these offenses, a court could potentially lift your firearms ban.
How Can I Restore My Right To Own Firearms?
Because the court can ban you from owning firearms, you must return to the court to get those rights reinstated. This process typically involves filing a petition with the court and providing them with a solid case for why you should have your firearms rights reinstated. We can ensure you fill out and file the petition correctly and help you prepare a compelling argument for the judge.
Another potential path toward firearm restoration is expungement of your criminal record. Our attorneys can help you determine your eligibility for sealing your court records.
Seek To Restore Your Freedoms Today
Firearms can feel like they’re part of your identity. And when a criminal conviction bans you from having them, you may feel like you’re losing part of yourself. Work with our attorneys at Kohlmeyer Hagen, Law Office Chtd., and we can help advocate for reinstating your firearms rights. Call 507-405-2442 or complete our online form to schedule a consultation today.