What You Need to Know About Gun Charges.
With the increased attention on gun violence comes a crack down on gun crimes. Both the State of Minnesota and the U.S. Government have statutes enforcing gun control, and law enforcement is actively pursuing firearms cases. These charges most commonly prohibit the possession of firearms or ammunition by ineligible persons, the possession of guns and drugs together, the possession of certain firearms accessories, or the possession of firearms without certain permits. Many of these crimes have severe consequences upon conviction.
What is Felon in Possession?
Both the State of Minnesota and the U.S. Government outlaw the possession of firearms or ammunition by someone who has previously been convicted of a crime for which punishment is at least a year and a day. That’s a long way of saying that people with felony convictions can’t have guns.
What Happens if I Get Caught with a Gun in and I’m a Felon?
• In Minnesota State Court you could be charged with Ineligible Person in Possession of a Firearm- known as Felon in Possession. Minnesota prohibits the possession of ammunition, pistols, or semiautomatic military-style assault weapons by a person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year.
• A conviction for this crime carries a prison sentence. Your exact sentence would depend on your prior criminal history and other factors. If you have been previously convicted of a crime of violence (meaning a crime against a person such as assault) you could face a 5-year mandatory minimum sentence.
• In Federal Court, there are several types of charges you could face if you’re found in possession of a firearm or of certain firearm accessories and you’re a felon. Federal law prohibits the possession of firearms, ammunition, certain large capacity magazines, auto-sears, and other accessories that convert semi-automatic weapons into fully automatic by people with convictions for crimes punishable for terms exceeding one year.
• A conviction for any Federal weapons offense will carry a prison sentence. Your exact sentence would depend on your prior criminal history as well as other factors listed in the United States Sentencing Guidelines and would be decided by a Federal Judge.
• Some federal crimes have mandatory minimums and a conviction for carrying a firearm during or relation to any crime of violence or drug trafficking crimes carries a mandatory minimum of at least 5 years.
What Happens if I Get Caught with a Gun and I’m Not a Felon?
In Minnesota, there are certain people that are prohibited from having pistols, ammunition, or other firearms, even if they don’t have a felony conviction. They include people that have been committed to a treatment facility for being chemically dependent, mentally ill, or incompetent; fugitives from justice; and people convicted of domestic assault within certain timelines or with pending charges for qualified domestic related offenses.
People that get caught with guns under these circumstances and others listed by statute could face a charge of Possession of a Firearm or Ammunition by an Ineligible Person and be charged with a gross misdemeanor and face up to a year in local jail and/or fines up to $3,000.
What If I Get Caught Carrying a Gun Without a Permit?
Minnesota requires that a person have a valid permit to possess or control a concealable firearm in public. There are certain criteria a person has to meet to get a permit, including passing a background check to make sure they are eligible. This permit is required whenever a person possesses, holds, or carries a firearm in a car, snowmobile, boat, or on their person out in public.
The first time someone violates this law and is caught with a firearm in public or in a motor vehicle without a permit, they are facing a gross misdemeanor. If it happens a second time they will be charged with a felony.
Are There Defenses to Gun Crimes?
• Yes. There may be defenses based on where and when the gun was found, and what other evidence the prosecutor has. If someone is accused of unlawfully possessing a gun and it was not on their person, sometimes the prosecutor will try to find DNA or fingerprints on the gun. There may be ways to get the evidence of the gun suppressed before trial based on unlawful police conduct.
• Catherine has experience representing people charged with gun crimes and can work with you to craft a defense to any weapons charge you or someone close to you is facing. Call today for a free consultation.
Catherine is an experienced criminal defense lawyer that defends against all criminal charges. If you or someone you love have been accused of a crime, Catherine can help. Call for a free consultation.
