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Firearms Weapons Defense Lawyers

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50+

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10,000

Cases Successfully Resolved

100%

Criminal & DWI Defense

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Meet Our Minneapolis Firearms Weapons Defense Lawyers

Three Attorneys, One Powerful Law Firm

Kyle Dreger

Minneapolis Firearms Weapons Defense Lawyer

Gerald Miller

Minneapolis Firearms Weapons Defense Lawyer

Cody Wright

Minneapolis Firearms Weapons Defense Lawyer

Why Trust Gerald Miller Law Firm

Why Trust Gerald Miller Law Firm

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Because

  • We offer you a FREE, no obligation initial consultation.
  • Our team is available to you 24/7/365. You can contact us at anytime of day or night and we will be there to help you.
  • Not all attorneys are the same.
    • We only practice criminal law. We are able to intensely focus on your criminal case.• We have decades of experience and have represented thousands of clients. We have the knowledge and skill to give you the representation you need in your case. Our seasoned team comprises Minneapolis assault lawyers, fraud lawyers, Minneapolis sex crimes lawyers, and many more. If you have a legal issue, we will resolve it.• We will work passionately and tirelessly on your individual case. We understand that each case is uniquely different and we promise to tailor our approach to your individual needs. So, whether you hire our Minneapolis assault attorney or Minneapolis drug crimes attorney, we will fight hard for you and be by your side every step of the way.• We understand the severity of a criminal case in your life. We will not only match that level of gravity during your representation, rather we will exceed it.• We promise to treat your personal case with compassion and respect every step of the way. We understand that you may have fears, concerns and questions. We will listen to you and put ourselves in your shoes so that we are able to give you the best and most individualized representation possible.• We are a team. Are resources are deep and strong. We collaborate and continually draw from each other’s experience to devise the best strategy and defense for you.

How Minneapolis Firearms Weapons Defense Attorneys Can Serve 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.

Firearms Weapons Defense Charges in Minneapolis

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.

Firearms Weapons Defense FAQs

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.

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