If I’m a Convicted Felon, What Happens if I’m Charged with Possession of a Gun in Minnesota?
Being convicted of a felony can result in some truly brutal consequences in Minnesota including prison, a criminal record and can impact almost every facet of your life, including your right to possess of gun. If you are convicted of almost any felony in Minnesota, you will be denied the right to possess a gun or ammunition. If you are then arrested for possessing a gun or ammunition before your gun rights have be reinstated, the consequences could be severe.
What are the Consequences of Felon in Possession of a Gun?
According to the Minnesota Statute, you may very well be charged with Felon in Possession of a Firearm or Ammunition. This means you could face:
A new Felony conviction
Up to 15 years in prison; and
Up to a $30,000 fine.
It is also important to consider that even if this is your first violation, according to the Minnesota Sentencing Guidelines, the presumption is that you will be required to serve 60 months in prison. If this is your second offense, this is a mandatory commit for 60 months. Therefore, it is important to know if you are banned from possession of a firearm.
If you are facing charges of felon in possession, contact Jack Rice Defense for a free confidential consultation or call 651-447-7650.
Are there Felonies in Minnesota that Come with a Lifetime Firearm Ban?
As mentioned above, a felony conviction in Minnesota will almost certainly deny you the right to possess a firearm. While the length of the ban is based upon the type of felony conviction, if you have been convicted of what is known as as “violent felony”, you may very well lose you 2nd Amendment right to possess a firearm forever. Minnesota has a long list of felonies that it considers “violent felonies” pursuant to Minnesota Statute 609.165 including:
Murder in the First Degree
Murder in the Second Degree
Aiding Suicide and Aiding Attempted Suicide
Assault in the 1st Degree
Assault in the 2nd Degree
Assault in the 3rd Degree
Assault in the 4th Degree
Assault in the 5th Degree
Crimes Committed for the Benefit of a Gang
Using Drugs to injure or facilitate a Crime
Robbery
Kidnapping
False imprisonment
Solicitation, inducement or promotion of prostitution or sex trafficking
Criminal Sexual Conduct in the 2nd Degree
Criminal Sexual Conduct in the 3rd Degree
Criminal Sexual Conduct in the 4th 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 in the 1st Degree
Arson in the 2nd Degree
Burglary in the 1st Degree
Burglary in the 2nd Degree
Drive by Shooting
Unlawful Possession or Operation of a Machine gun or short-barreled Shotgun
Stalking
Rioting
Terroristic Threats
Shooting a public vehicle or facility
Controlled Substance Offenses including Possession
If you are charged with Felon in Possession of a Firearm, it is critical that you consult with an experienced Minnesota criminal defense attorney. Minnesota treats felon in possession charges very seriously and these kinds of charges could mean prison time.
“Don’t forget, possession may mean more than just actual possession. It may include what is known as “constructive” possession.”
Jack Rice Defense has extensive experience handling gun charges in general and felon in possession of gun charges specifically. Jack Rice is a Board Certified Criminal Law Specialist, a former prosecutor, a former U.S. Federal Agent and the Founder of Jack Rice Defense. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.