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Practiced Firearm Lawyers in Minneapolis, Minnesota

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Years Of Collective Experience

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Cases Successfully Resolved

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Criminal & DWI Defense

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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

Nabila Mahamed
Nabila Mahamed
I recently had the pleasure of working with Gerald Miller, and I can't recommend him highly enough. From our first interaction, Gerald demonstrated a remarkable commitment to my needs as a client. He took the time to understand my case and went above and beyond to ensure that every detail was addressed. If you're looking for someone who genuinely cares about their clients and delivers exceptional results, look no further than Gerald Miller.
P Z
P Z
Bill Bailey handled my case quite and cool!I would recommend this law firm anytime!
mohamed dahir
mohamed dahir
I had an exceptional experience with Gerald Miller as my attorney. From our first meeting, his expertise and professionalism stood out. He took the time to thoroughly explain the legal process and answered all my questions, making me feel informed and confident. His attention to detail and dedication to my case were evident throughout. I truly appreciate his proactive approach and commitment to achieving the best possible outcome. I highly recommend Gerald Miller to anyone seeking knowledgeable and trustworthy legal representation.
JRo Flo
JRo Flo
Kyle and his team are absolutely amazing! Any needs you may be having, reach out. They will not disappoint. Trust the ratings!
Tim Stocker
Tim Stocker
Brodie Hacken did a great job for me. Gave me all the scenario's to be able to make a very informed decision as to which way to proceed.
Ryan Kirmeier
Ryan Kirmeier
He gave me great information during a free call and wasn't pushy. This definitely calmed me down and helped me find a clear path forward.

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Keeping You Informed

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