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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+

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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

doqo
doqo
Hands down the best law firm for helping me with a genuine and meaningful outcome with my case, Kyle, Brian and their team worked hard in producing a successful outcome and they deserve praise. Constant updates, and making sure to complete personal assignments to help me with my case was critical and they helped steer me in the right path and they picked up my phone calls to answer any and all questions during anytime of the day which was fantastic.-Ahmed
Naomi
Naomi
Gerald is by far one of the most knowledgeable attorneys I have interviewed for my case. He gave me solid advice and spoke with integrity. He loves what he does and is passionate. He is the best defense attorney I spoke to. Very easy to understand, no question was unanswered and given more information that I never got from other attorneys.
naghsri immiddisetti
naghsri immiddisetti
They did great, it means a lot. They helped me right away with the questions and concerns. Annalise, you're the best, You answered my call in difficult situations all the time. Highly appreciated and highly recommended.
Samuel Takata
Samuel Takata
Black woman at front desk was quite rude to me, when I was dropping a delivery off.
Igor Kovalchuk
Igor Kovalchuk
Kyle just recently finished my case and i couldn’t be anymore happier. What an amazing experience overall. From picking up my phone call on Christmas Day, and answering all my questions and concerns, to helping me understand the process going forward, and just yesterday he got a verdict I’m an super happy with. I can not even put into words how much I loved working with Kyle. If anyone I know ever needs legal assistance, going forward I will highly recommend this Law-firm and Kyle specifically. Again, thank you Kyle for all your help.
anuta serbinenko
anuta serbinenko
Kyle’s work is amazing, he is true and honest about every detail. He truly is an amazing lawyer! I appreciate his hard work and dedication. Working with Kyle has made a huge impact on my life and future. Open and honest communication and his outstanding service to fight for you is top notch. Once again Kyle you do amazing work, I am grateful.

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