St. Paul Weapons Charges Attorney
If you have been charged with illegal use or possession of a firearm you will need a Minnesota weapons defense attorney. Both state and federal laws regulate the use and ownership of firearms, and there are specific restrictions depending on where a weapon is used and who is in possession. We understand the complexities of gun laws and how to fight any weapons charges and related crimes. We can also assist you with restoration of your gun rights and expungement of records in some instances.
Types of Weapons Charges
In general, Minnesota law requires that you have a permit for certain types of weapons such as a handgun. Failure to obtain a permit can lead to a weapons charge if the gun is being carried in a public place or in a motor vehicle. But, use on one’s own land or at home does not require a permit, and falls within your rights to own a gun.
Prohibited Weapons Use
Certain use of a firearm is prohibited under any circumstances and can lead to either a misdemeanor or felony weapons charge, including:
- Reckless discharge
- Pointing a gun at another person
- Possession or purchase with the intent to commit a crime
- Use of silencers
- Furnishing firearms to minors without parental consent
- Possession on school property
- Discharge within city limits
- Illegal use and possession of other dangerous weapons, including switchblades, slingshots and metal knuckles
Types of Individuals Barred From Use of Weapons
There are certain individuals who cannot own or carry a gun under any circumstances, including those who are:
- Illegal aliens
- Convicted or juvenile delinquents of crimes of violence or other specific offenses
- Mentally ill
- Chemical dependents
Related Crimes and Weapons Charge Enhancements
The most serious weapons charges are levied when there are related crimes where a gun is used, and these offenses carry “charge enhancements” under Minnesota law that increase the penalties by 1-, 3-, or 5-years depending on the circumstances. The crimes that lead to weapons charge enhancements include:
If you have been charged with any of these crimes along with a weapons charge, it is imperative that you contact us immediately so that we can begin to build a comprehensive defense. These are serious crimes, and if convicted the statutory enhancements could lead to significant penalties and jail time.
Minnesota Gun Crime Attorneys – North Star Criminal Defense
In many instances, you have the right to own and use firearms, as guaranteed by the Second Amendment. Buf, if you have violated any of the restrictions on legal use, you may face a weapons charge. North Star Criminal Defense is familiar with all state and federal statutes that govern gun use and ownership, and we are prepared to defend you against a weapons charge of any type. We will challenge allegations that the use was illegal or outside of allowed locations, and we will advocate to have your gun rights restored.
Our approach as your Minnesota weapons defense attorney is to present an aggressive defense on your behalf, and ensure that your due process rights are upheld. This can include investigating the manner of arrest and gathering of evidence, as well as any supporting statements from witnesses. Unless you are in a restricted areas or committing a related crime, law enforcement does not have the right to take your firearm or interfere with your claims of legal ownership.
If you are facing a weapons charge, contact us now so that we can get started on your defense.