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Practiced Firearm Lawyers in Minneapolis, Minnesota

50+

Years Of Collective Experience

10,000

Cases Successfully Resolved

100%

Criminal & DWI Defense

175+

Five Star Google/BBB Reviews

Four Minneapolis Firearms Attorneys, One Powerful Law Firm

Attorney Kyle Dreger

Kyle Dreger

Attorney Gerald Miller

Gerald Miller

How Can Our Firearms Attorneys in Minneapolis Can Help You?

Owning a Firearm

Permit to Carry a Weapon

Permitless Weapon Possession

Gun Trusts

The Constitution gives people the right to keep and bear arms. However, governments, including the state of Minnesota, have substantial leeway when it comes to gun ownership and carrying restrictions. Some of these restrictions are generally accepted and others are hotly contested.

Over the years, a complex web of laws has evolved to regulate gun ownership and carrying. At Gerald Miller P.A., we sort through this confusion, so we can give you accurate legal advice. We do more than advise clients. We also assertively represent them in court when their liberties are threatened.

Owning a Firearm

Most people can own handguns, long guns, like rifles and shotguns, and assault-style weapons. State law imposes no ownership permit requirement, registration requirement, or ammunition purchase limit. Additionally, sales among private parties are not subject to background checks. That usually includes gun show purchases.

A few words about firearms and Minnesota’s self-defense law from our Minneapolis Firearms Weapons Defense Lawyer. Unlike some other jurisdictions, Minnesota is not a stand-your-ground state. Defendants have a duty to retreat before using deadly force, even if that use of force is justified. Additionally, defendants must reasonably believe that deadly force is reasonably necessary to defend themselves, third person, or their property.

Permit to Carry a Weapon

Minnesota is a shall-issue state. If an applicant meets the minimum qualifications, authorities must issue a permit to carry a weapon. Officials cannot subjectively deny permits. However, Minnesota does have a red flag law. Officials can confiscate a person’s firearms if there is evidence that the person is a danger to society.

In most states, owners must tell officers they are carrying a concealed weapon and they cannot carry concealed weapons in certain areas. But Minnesota has no officer notification requirement and, for the most part, private landowners cannot bar gun carriers. Certain state-owned facilities may be off-limits.

On a related note, permit holders can carry guns in most state parks and most restaurants, provided they are not under the influence of alcohol (BAC above .04).

Permitless Weapon Possession

It is illegal to carry a pistol without a permit. “Carrying” usually means taking the pistol off personal property. A first offense is a misdemeanor and a subsequent offense is a felony. It is also semi-illegal to carry a weapon in a vehicle without a permit. Such behavior is only legal if the gun and ammunition are in separate, securely closed containers. Once again, a first offense is a misdemeanor and a subsequent offense is a felony.

Related offenses include making a false statement on a permit application, illegally discharging a firearm, negligent storage, and illegal sales. Just as you would work with Drug Crime Lawyers In Minneapolis to clear charges of drug possession, you should hire a Minneapolis Firearms Weapons Defense Lawyer to deal with charges of permitless weapon possession.

Gun Trusts

National Firearms Act gun trusts enable people to bypass certain ownership restrictions. NFA gun trusts allow people to buy machine guns or other such collectible firearms, silencers and other attachments, and so-called “weapons of mass destruction,” like a small bomb.

As experienced Minneapolis Firearms Weapons Defense Lawyers, we realize that Gun trusts can have more than one member. If Jose accidentally leaves his gun in his car and police officers stop his wife while she’s driving, she’s guilty of illegal gun possession. If she is a co-trustee, her unintentional possession is legal.

Gun trusts are also private. Technically, the trust, and not the person, legally owns the firearms in the trust. Furthermore, when the settlor (person who made the trust), dies, the contents pass seamlessly and privately to the beneficiary.

Frequently Asked Questions

No. Illegally possessing a firearm is like illegally possessing prescription drugs, child pornography, stolen property, or any other contraband. Illegally using a firearm, even in a situation like illegally discharging a firearm at a party, is usually a violent offense.

All states now have concealed carry laws. Nearby Illinois was the last jurisdiction to pass a CCW law. These permit holders are immune from most gun possession prosecutions. And, prosecutors usually take mitigating circumstances into account. However, Minnesota’s CCW law does not guarantee lenient treatment.

Overall, about a fifth of prison inmates say they had a gun when they committed their crimes. About a quarter of criminal sexual assaults, aggravated assaults, and robberies involve a firearm. Roughly two-thirds of murders involve a firearm, which is almost always a handgun.

Most domestic assault convictions automatically bar people from owning guns. Additionally, under Minnesota’s red flag law, a misdemeanor assault or other violent misdemeanor conviction could result in the loss of gun ownership privileges.

Admittedly, our team does not defend very many war criminals, so our expertise in this area is limited. But yes, according to our understanding, using chemical weapons is a war crime. It is also against international law to manufacture or stockpile chemical weapons.

How We Make A Difference For You

See What Our Clients Say

Des Deantoni
Des Deantoni
22:25 18 Sep 23
Aubrey Olsen
Aubrey Olsen
16:58 16 Sep 23
10/10 recommend this firm and specifically Kyle D and Gerald. They were the people I needed in my corner when it mattered most to me and my family. I appreciate their support through the legal process, finding ways to make my life less difficult from the beginning through court and beyond. I would absolutely use them if I had to do it all over again.
Ian Simser
Ian Simser
17:42 14 Sep 23
Milk Stoned
Milk Stoned
22:10 07 Sep 23
Excellent service
Michael Pinto
Michael Pinto
16:06 18 Aug 23
Working with the Gerald Miller firm was an exceptional experience. All of the lawyers who we worked with were intelligent, kind, understanding and compassionate. They handled absolutely everything and were always responsive and available to talk. The result of our case was better than expected thanks to their experience. I highly recommend them! A special shout out to Kyle! Thanks guys...
Jason Shackelton
Jason Shackelton
10:49 11 Aug 23
From the first day I talked to Gerald, he eased my mind then when I met him. I knew I was in good hands. Not only a great and positive personality, he is very intuitive and to the point. He made it very easy for me to understand everything. Not to mention the staff is amazing as well. From Paula in the front of the office, to everyone I met there. Brodie, who took my case over made me feel very confident and less stressed and always answered my phone calls or returned them promptly. Very impressed. I could not be happier with this lawfirm, and everyone who works here. My case was settled weeks ago at this point, and I'm still smiling and forever grateful to you and your team, Gerald. Absolutely 10/5 stars if I could. I highly recommend this firm.Jason

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