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UNLAWFUL POSSESSION OF A FIREARM

Prohibited Person in Possession of a Firearm

Prohibited Person in Possession of a Firearm

Unlawful possession of a firearm in Minnesota is a very serious offense.  If you’re accused of being a prohibited person in possession of a firearm, you could face a lengthy prison sentence and a substantial fine.

To protect your freedom and your future, contact a Minnesota criminal defense lawyer as quickly as possible. The experienced attorneys of Arechigo & Stokka have decades of experience.

We provide direct and personal representation. We understand how deeply a criminal conviction can affect your life and that of your loved ones. We put the full extent of our knowledge and resources to work for you, and fight to get you the best possible outcome in your case.

MINNESOTA GUN LAWS FOR FELONS

State or Federal laws may prohibit you from possessing a firearm. Federal law prohibits convicted felons from ever owning a firearm again. According to the MN gun laws for felons, however, you don’t even have to be a convicted felon to be prohibited from possessing a firearm. Perhaps the most common misdemeanor crime that can prevent you from possessing a firearm in Minnesota is domestic assault. 

Other circumstances, such as being convicted of the gross misdemeanor offenses of committing a crime for the benefit of a gang, assault motivated by bias, false imprisonment, child endangerment, child neglect, fourth degree burglary, setting a spring gun, riot, or stalking, can also prohibit you from possessing a firearm in Lakeville.

PENALTIES FOR FELON IN POSSESSION OF A FIREARM

Being a felon in possession of a firearm in Minnesota can trigger a lengthy prison sentence. In most cases, the law presumes conviction for being a felon in possession of a firearm mandates a minimum five-year prison sentence and could carry a maximum penalty of 15 years in prison.

In addition to the potential of a lengthy prison sentence, you face potential fines up to $30,000. You could also face lengthy, supervised probation along with fines, fees, and other penalties that the court may assess. 

WHEN CAN A FELON OWN A GUN IN MINNESOTA?

If you have lost your civil rights to own or possess firearms, you are considered to be an “ineligible person” or “prohibited person” in legal terms. An ineligible person cannot legally possess a firearm in Minnesota. The only exception is if the court grants your petition to have your gun rights restored.

The question at hand is, Can a felon own a gun in Minnesota? And it refers specifically to gun ownership. However, the prohibition discussed above refers to firearms possession. If you lose your civil rights to possess a firearm, you cannot purchase a gun in Minnesota. If you already own firearms, however, you should speak to an attorney about how to avoid breaking felony possession laws.

If other members of your household own weapons, you must take great care to avoid breaking possession laws. The question of actual possession versus constructive possession involves complex areas of the law. Talking to a knowledgeable criminal defense lawyer can help you avoid having another criminal conviction on your record.  

Another common question we hear is, Can an ex-felon own a gun in Minnesota? Unfortunately, Minnesota’s expungement laws do not allow for expungement of very many felony offenses. And, an expungement would not restore a person’s ability to lawfully possess a firearm. Once convicted of a felony,  you technically remain a felon for life—even after you’ve served your time and paid your fines. 

If you face charges for unlawful possession of a firearm, contact an attorney immediately to explore options for your defense. A criminal defense lawyer can also advise you about the potential of getting your rights restored.

CONTACT A MINNESOTA GUN RIGHTS LAWYER TODAY

Our Lakeville Minnesota criminal defense lawyers can help you fight a charge of prohibited person in possession of a firearm or felon in possession of a firearm. Our defense attorneys have successfully helped clients avoid the five-year mandatory prison sentences.

If you are charged with being a prohibited person in possession of a firearm, contact us today at 651-401-7926 to schedule a free consultation.

Author Photo

John T. Arechigo, Esq.

Attorney John Arechigo has a passion for criminal defense in St. Paul, MN. John received his J.D., from Hamline University School of Law and also carries a Bachelor of Arts from, The University of Minnesota. John was named Attorney of the Year for 2019 by Minnesota Lawyer. Additionally, John was also named as a 2019 Rising Star and was selected to Minnesota Super Lawyers in 2021. He devotes nearly 100% of his practice to defending individuals charged with a crime.

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