Felon in Possession
A felony conviction will entail more than time behind bars and expensive fines. You will have to endure consequences that will affect you long after your sentence has been served; one of these consequences is lost gun rights. Depending on the conviction, this lost right can last for the length of your sentence to a lifetime.
Being found in possession of a gun as a felon is not a good situation. Not only could you be sent back to jail, but you could face additional felony charges. As a felon, the court will take everything you say with a grain of salt, so it’s advised you contact legal representation if you have been charged with illegal possession of a weapon.
Criminal Defense Attorney in Apple Valley
It cannot be emphasized enough how important it is you retain legal counsel if you have been arrested or charged for illegal possession of a gun. You will have an additional felony mark on your criminal record if convicted of the offense, which is more damaging than fines or prison time. James Blumberg has over a decade of experience in criminal defense, and he wants to put that experience to work for you.
You can call (952) 431-7758 to schedule a time to speak with James Blumberg Law. Our office is based in Dakota County, but we also assist clients in areas such as Anoka County, Carver County and Hennepin County.
- Can a Felon Own a Weapon in Minnesota?
- Penalties for Illegal Possession of a Firearm
- Can a Felon Restore Their Gun Rights in Minnesota?
- Additional Resources
Can a Felon Own a Weapon in Minnesota?
Minnesota does not allow individuals convicted of just about any felony crime to possess a gun. How long this ban is in effect depends solely on the felony conviction. According to section 609.165 of the Minnesota Statutes, you are ineligible for life from owning, possessing or receiving a firearm or ammunition if you have been convicted of the following violent felony offenses:
- Murder (any degree)
- Manslaughter (any degree)
- Aiding in suicide
- Assault (any degree)
- Domestic assault
- Domestic assault by strangulation
- Crimes committed for the benefit of a gang
- Using drugs to injure or facilitate a crime
- False imprisonment
- Solicitation, inducement or promotion of prostitution or sex trafficking
- Criminal sexual conduct (any degree)
- Malicious Punishment of a child
- Neglect or endangerment of a child
- Commission of a crime while wearing a bulletproof vest
- Theft of a firearm, controlled substance, explosive or incendiary device
- Arson (any degree)
- First and second-degree burglary
- Drive by shooting
- Unlawful possession or operation of a machine gun or short-barreled shotgun
- Terroristic threats
- Shooting a public vehicle or facility
- Controlled substance offenses such as possession
It’s not required that you actually committed any of the offenses mentioned above to lose your gun rights. Simply attempting to commit any of these violent offenses is enough to terminate your second amendment right for life.
Conviction of a non-violent felony crime will only result in the temporary loss of your right to bear arms. The length of time you are ineligible from owning a firearm depends on the length of your sentence. Once your sentence has been served, your gun rights will be restored.
Penalties for Illegal Possession of a Firearm
Possessing a firearm as a felon before you are legally able will result in additional charges and penalties. According to the Minnesota Statutes, you will be charged with a felony, which is punishable by:
- Up to 15 years in prison; or
- A fine of up to $30,000; or
- Both and fine and time in prison
Can a Felon Restore Their Gun Rights in Minnesota?
The vast majority of felons are not bad people, but people who made mistakes. The right to bear arms is a fundamental right granted to every American, and the North Star State is a firm believer in that right. Thankfully, those convicted of a “violent felony” are granted an opportunity to restore their gun rights.
Regaining gun rights is a complex area of both state and federal law, but it can be done. The process is initiated with a petition, which is why a good criminal defense attorney is necessary. You may be granted relief is you show good cause. There is no legal definition for good cause, but some violent felony offenders have had their rights resorted based on the following:
- A job requires a gun
- There is no reason to believe you cannot be trusted with a gun
- The weapon will be used for hunting
The restoration process can take around seven or eight months depending on your circumstance and current workload of the court. If your petition is denied, you will have to wait three years to reapply, so choose wisely on whether you want to handle this on your own or with the help of a professional.
Certain Persons Not to Possess Firearms | Minnesota Statutes – Read the section of the state statutes that governs felon in possession of a firearm. In addition to felons, you can view a list of individuals who cannot possess a firearm in the North Star State and how they are charged for possession. The statute can be read on the Minnesota Legislature website.
Restoration of Civil Rights | Minnesota Statutes – Follow the link provided to learn more about restoring gun rights in Minnesota. You can see how illegal possession is charged, find out who is exempt from the firearm ban and when the right can be restored.
Criminal Defense Lawyer in Apple Valley
Many charges for felon in possession stem from miscommunication. James Blumberg Law understands how frustrating this can be, which is why we want to help. James Blumberg will evaluate every aspect of your case and build a defense plan that will achieve the best possible outcome. Getting started is easy. Call (952) 431-7758 to schedule a free case evaluation.
Some of the areas James Blumberg Law serves include Apple Valley, Minneapolis, Anoka and Chaska.