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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

Kyle Hawes
Kyle Hawes
20:03 12 Mar 24
Brodie Hacken is the best lawyer in MN he's a fighter yet controlled and calculated from my initial meeting with Brodie I knew he was fighting for me when you have serious charges call Gerald Miller Law ask for Brodie Hacken you won't regret it he is a really really good Lawyer on top of the Criminal defense world 🌎 knowledge and results are crucial when everything is on the line. Thanks Brodie and Gerald for the help in this matter!!! 😁
Panou Yang
Panou Yang
19:10 11 Mar 24
I highly recommend going to Gerald Miller for any legal advice. Especially I cannot thank my attorney Kyle Dreger enough for what he has done for me throughout all my cases for these past year or so. Respond right away doesn’t matter what time of the day it is and answer every questions that I was confused about and was really patient with me. He definitely help me got over a very difficult, stressful time and got my cases all cleared up. I’m just very thankful for everything he does to help me in any way the best as he can so I highly recommend going to Gerald Miller.
Reid Monson
Reid Monson
16:05 11 Mar 24
Kyle Dreger and his team did a phenomenal job guiding me through a rather daunting part of my life and I will forever be grateful to get the result I received. Their professionalism, attention to detail, and most importantly the ability to keep me calm in a stressful situation is top notch. I would recommend the team at Gerald Miller P.A to anyone and will be doing so going forward! I can't thank them enough!
Amir Lal
Amir Lal
22:06 06 Mar 24
Thanks for the best Lawyer Mr Gerald Miller,He is the best of the best for my case and give me great advice
Marcelo
Marcelo
22:28 23 Feb 24
I assisted a friend with a vehicle-related legal case and couldn’t be more delighted to have worked with Tyler Dahlen. Tyler is a top-notch lawyer who helped us in the best way possible. Tyler was always responsive, followed up on emails and calls, and scheduled meetings to provide updates and discuss further steps, showing respect, commitment, and professionalism at all times. We genuinely felt we were in good hands.The case was completed with successful results, and we can’t be grateful enough. I wouldn’t hesitate to work with Tyler or with this A+ law firm in the future
Breanna Danielson-Strahm
Breanna Danielson-Strahm
20:26 12 Jan 24
Kyle helped me reduce my DUI to exactly what we wanted! He’s has been very friendly, amazing, and supportive through this whole scary process!

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Keeping You Informed

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