Possession of Firearm by Ineligible Person
Though the Second Amendment of the United States Constitution states that “the right of the people to keep and bear arms shall not be infringed,” Minnesota state law prohibits certain people from possessing pistols, semiautomatic military-style assault weapons, or any other firearms. State law is extremely complicated regarding firearm prohibition, and it is often perfectly understandable how an alleged offender could unknowingly be in violation without having any criminal intent.
Depending on the specific types of alleged offender, illegal firearm or weapon possession may be punishable as a gross misdemeanor or a felony. A conviction could potentially result in a lengthy sentence of imprisonment as well as thousands of dollars in fines.
Apple Valley Possession of Firearm by Ineligible Person Lawyer
Have you been arrested for allegedly being in unlawful possession of a weapon or firearm in Minnesota? It is in your best interest to immediately seek legal representation.
Dakota County illegal firearm possession attorney James Blumberg aggressively defends clients throughout the Minneapolis-St. Paul area, including Woodbury, Plymouth, Minnetonka, Maple Grove, Coon Rapids, Bloomington, Blaine, and several other surrounding communities. Call (952) 431-7758 right now to schedule a free, confidential consultation that will allow James Blumberg Law to review your case.
Minnesota Possession of Firearm by Ineligible Person Overview
- Which kinds of felony charges will prohibit a person from possessing a gun?
- When is a minor allowed to carry or possess a weapon?
- Who else is prohibited from possessing a firearm in the North Star State?
The harshest penalties for possession of a firearm by ineligible person apply to alleged offenders who are convicted felons. Under Minnesota Statute § 624.713, a person who has been convicted of, adjudicated delinquent, or convicted as an extended jurisdiction juvenile for committing a crime of violence in Minnesota or another state will be charged with a felony punishable by up to 15 years imprisonment and/or a fine of up to $30,000.
Subdivision 5 of Minnesota Statute § 624.712 defines a crime of violence as being a felony conviction for any one of the following offenses or attempts to commit any of the following offenses:
- Aggravated Robbery — Minnesota Statute § 609.245;
- Aiding Suicide and Aiding Attempted Suicide — Minnesota Statute § 609.215;
- Arson in the First Degree — Minnesota Statute § 609.561;
- Arson in the Second Degree — Minnesota Statute § 609.562;
- Assault in the Fifth Degree — Minnesota Statute § 609.224;
- Assault in the First Degree — Minnesota Statute § 609.221;
- Assault in the Fourth Degree — Minnesota Statute § 609.2231;
- Assault in the Second Degree — Minnesota Statute § 609.222;
- Assault in the Third Degree — Minnesota Statute § 609.223;
- Burglary in the First and Second Degrees — Minnesota Statute § 609.582;
- Commission Of Crime While Wearing Or Possessing A Bullet-Resistant Vest — Minnesota Statute § 609.486;
- Crimes Committed For The Benefit Of A Gang — Minnesota Statute § 609.229;
- Criminal Sexual Conduct in the First Degree — Minnesota Statute § 609.342;
- Criminal Sexual Conduct in the Fourth Degree — Minnesota Statute § 609.345;
- Criminal Sexual Conduct in the Second Degree — Minnesota Statute § 609.343;
- Criminal Sexual Conduct in the Third Degree — Minnesota Statute § 609.344;
- Domestic Assault — Minnesota Statute § 609.2242;
- Domestic Assault By Strangulation — Minnesota Statute § 609.2247;
- Drive-By Shooting — Minnesota Statute § 609.66;
- Drugs or Controlled Substances Crimes — Chapter 152 of the Minnesota Statutes;
- False Imprisonment — Minnesota Statute § 609.255;
- Involving Theft Of A Firearm and Theft Involving The Theft Of A Controlled Substance, An Explosive, Or An Incendiary Device — Minnesota Statute § 609.52;
- Kidnapping — Minnesota Statute § 609.25;
- Malicious Punishment Of A Child — Minnesota Statute § 609.377;
- Manslaughter in the First Degree — Minnesota Statute § 609.20;
- Manslaughter in the Second Degree — Minnesota Statute § 609.205;
- Murder in the First Degree — Minnesota Statute § 609.185;
- Murder in the Second Degree — Minnesota Statute § 609.19;
- Murder in the Third Degree — Minnesota Statute § 609.195;
- Neglect Or Endangerment Of A Child — Minnesota Statute § 609.378;
- Riot — Minnesota Statute § 609.71;
- Shooting at a Public Transit Vehicle or Facility — Minnesota Statute § 609.855;
- Simple Robbery — Minnesota Statute § 609.24;
- Solicitation, Inducement, and Promotion Of Prostitution; Sex Trafficking — Minnesota Statute § 609.322;
- Stalking — Minnesota Statute § 609.749;
- Terroristic Threats — Minnesota Statute § 609.713;
- Unlawfully Owning, Possessing, Operating A Machine Gun or Short-Barreled Shotgun — Minnesota Statute § 609.67; or
- Use Of Drugs To Injure Or Facilitate Crime — Minnesota Statute § 609.235.
A person is also ineligible to possess a pistol, semiautomatic military-style assault weapon, or any other firearm if he or she has been convicted of certain gross misdemeanor level offenses. This restriction does not apply if three years have elapsed since the date of conviction and the person was not convicted of any other violation.
Gross misdemeanors may include crimes committed in other states or jurisdictions that would have been gross misdemeanors if the convictions had occurred in Minnesota. The specific gross misdemeanor offenses under state law include:
- Assaults Motivated by Bias — Minnesota Statute § 609.2231;
- Burglary in the Fourth Degree — Minnesota Statute § 609.582;
- Crimes Committed for the Benefit of a Gang — Minnesota Statute § 609.229;
- False Imprisonment — Minnesota Statute § 609.255;
- Neglect or Endangerment of a Child — Minnesota Statute § 609.378;
- Riot — Minnesota Statute § 609.71;
- Setting a Spring Gun — Minnesota Statute § 609.665; or
- Stalking — Minnesota Statute § 609.749.
Under subdivision 1, clause (1) of Minnesota Statute § 624.713, persons under the age of 18 years are generally prohibited from possessing pistols or semiautomatic military-style assault weapons. However, there are four exceptions contained in this clause.
A person under the age of 18 years is allowed to carry or possess a pistol or semiautomatic military-style assault weapon if:
- He or she is in the actual presence or under the direct supervision of his or her parent or guardian;
- It is for the purpose of military drill under the auspices of a legally recognized military organization and under competent supervision;
- It is for the purpose of instruction, competition, or target practice on a firing range approved by the chief of police or county sheriff in whose jurisdiction the range is located and under direct supervision; or
- He or she has successfully completed a course designed to teach marksmanship and safety with a pistol or semiautomatic military-style assault weapon and approved by the commissioner of natural resources.
In all other situations, a minor who possesses a pistol or semiautomatic military-style assault weapon can be charged with a felony punishable by up to five years imprisonment and/or a fine of up to $10,000.
There are many other types of people who are prohibited from possessing pistols, semiautomatic military-style assault weapons, or any other firearms under Minnesota Statute § 624.713. It is important to note that many of the following restrictions may not apply if an alleged offender has petitioned for restoration of firearms eligibility or three years have elapsed since the date of conviction and the person was not convicted of any other violation.
A person may be considered ineligible under this statute if:
- He or she has been charged with committing a crime of violence and has been placed in a pretrial diversion program by the court before disposition;
- He or she has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
- He or she has been convicted in Minnesota or elsewhere of a misdemeanor or gross misdemeanor drug or controlled substance crimes;
- He or she has been convicted in Minnesota or elsewhere of assaulting a family or household member involving the use of a firearm;
- He or she has been convicted of domestic assault or assault in the fifth degree against a family or household member involving the use of a firearm or convicted in another state of committing an offense similar to those crimes;
- He or she has been discharged from the armed forces of the United States under dishonorable conditions;
- He or she has been judicially committed to a treatment facility in Minnesota or elsewhere as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the public;
- He or she has renounced his or her citizenship having been a citizen of the United States;
- He or she is a fugitive from justice as a result of having fled from any state to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding;
- He or she is an alien who is illegally or unlawfully in the United States;
- He or she is an unlawful user of any controlled substance under Chapter 152 of the Minnesota Statutes;
- He or she is disqualified from possessing a firearm under United States Code, title 18, section 922(g)(8) or (9);
- He or she is or has ever been committed in Minnesota or elsewhere by a judicial determination that he or she is mentally ill, developmentally disabled, mentally ill and dangerous, or chemically dependent; or
- He or she is subject to an order for protection.
Any of these types of offenses can result in gross misdemeanor charges punishable by up to one year in local jail and a fine of up to $3,000.
James Blumberg Law – A Possession of Firearm by Ineligible Person Lawyer in Dakota County
If you were arrested in Minnesota for allegedly being a person who was ineligible to possess a weapon or firearm, you will want to be sure that you have experienced legal counsel. James Blumberg Law fights to protect the civil rights of clients in communities throughout Ramsey County, Hennepin County, Dakota County, and Anoka County.
Our firm handles cases in such cities in the Minneapolis-St. Paul area as St. Cloud, Lakeville, Eden Prairie, Eagan, Burnsville, Brooklyn Park, and many more. Let our Dakota County illegal firearm possession attorney provide a complete evaluation of your case by calling (952) 431-7758 today to take advantage of a free consultation.