Minneapolis Weapons Charges Attorney
Defending People in St. Paul, Bloomington, And Across Minnesota
If you’re facing a gun charge in Minnesota, your freedom, finances, and Second Amendment rights are on the line. Whether you were arrested in downtown Minneapolis, Bloomington, or St. Paul, prosecutors take weapons offenses seriously. Entering the courtroom without an experienced weapons charges attorney could be one of the biggest mistakes you’ll ever make.
As a former prosecutor, weapons charges lawyer Max Keller can:
- Protect your gun rights
- Help you avoid jail time
- Reduce your charges
- Keep you from having a criminal conviction on your record
If you have been charged with a weapons crime, call Keller Criminal Defense Attorneys at (952) 913-1421 to schedule your free consultation.
No Obligation Consultation
What Are Common Weapons Charges in Minnesota?
In Minnesota, weapons offenses encompass a range of illegal activities related to firearms, knives, and other dangerous instruments. These offenses are governed by state statutes that set gun laws in Minnesota, and focus on the unlawful possession, use, or distribution of weapons.
- One category is unlawful possession of a firearm. In Minnesota, individuals prohibited from possessing firearms include those with felony convictions, individuals subject to certain restraining orders, and those adjudicated as mentally ill or dangerous. Possessing a firearm under these circumstances can lead to severe penalties.
- Another offense is carrying a handgun without a valid permit. Minnesota requires individuals to obtain a permit to carry a handgun, either openly or concealed. Carrying a handgun without this permit, or carrying it in a prohibited location, such as schools or government buildings, constitutes a crime.
- The use of weapons in the commission of other crimes also constitutes a weapons offense. For example, if a firearm is used during the commission of a robbery or assault, it can result in enhanced charges and penalties.
- Minnesota law also addresses the possession of illegal weapons, such as machine guns, short-barreled rifles, or silencers, which are strictly regulated. Additionally, brandishing or threatening others with a weapon can lead to charges of assault or terroristic threats, depending on the circumstances.
Penalties for weapons offenses in Minnesota vary based on the nature of the offense, but they can include fines, imprisonment, or both. Given the complexities of weapons laws, those charged often benefit from legal counsel to navigate the legal process and draft defenses.
No Obligation Consultation
Facing Gun Charges: What Happens After an Arrest?
If you’ve been arrested for a gun crime in Minnesota, what happens next depends on the type of weapon involved, your criminal history, and the specific charge filed against you. The criminal process typically follows several key steps.
You’ll be booked into jail, appear in court within 36 hours, face formal charges, and either negotiate a plea or go to trial.
Arrest and Booking
Initial Appearance and Bail Hearing
Formal Charges and Arraignment
Discovery and Pretrial Motions
Plea Negotiations or Trial
Sentencing and Appeals
Can I Get My Gun Rights Back After a Conviction?
Losing your firearm rights is one of the most serious consequences of a weapons conviction in Minnesota. However, depending on the type of conviction and your criminal history, you may be able to have those rights restored through the courts or by a pardon.
Restoration Through Court Petition
If you were convicted of a felony or certain violent offenses, Minnesota law allows you to petition the court to restore your firearm rights once you’ve completed your sentence, probation, and all court-ordered conditions. The court will consider factors such as:
- The nature and severity of your offense
- How much time has passed since your conviction
- Your rehabilitation and conduct since release
- Any ongoing public safety concerns
Your attorney can help you prepare the petition, gather supporting documentation, and present your case before the judge. If granted, the court will issue an order restoring your right to possess firearms under Minnesota law.
Governor’s Pardon or Clemency
For more serious convictions, or if a court petition is denied, you may need to seek a pardon extraordinary from the Minnesota Board of Pardons. This process can take time and requires you to demonstrate full rehabilitation and a clean record for several years.
Federal Gun Rights
Even if your firearm rights are restored under Minnesota law, you may still be prohibited from owning or possessing a firearm under federal law unless you also receive federal relief. A knowledgeable defense lawyer can explain how both state and federal restrictions apply in your situation.
“As a former prosecutor, I’ve seen how easily an honest mistake can become a felony gun charge. My job is making sure my clients get a fair shot at justice and keeping their rights intact.”
How Strict Are Minnesota's Gun Laws?
Minnesota’s laws regarding shotguns and hunting rifles is relatively lax. However, handguns and semi-automatic weapons fall under higher levels of regulation. Under Minnesota law, a person has the right to carry a handgun or pistol in a public place if he or she has a “permit to carry” license.
There are exceptions to this rule, however, such as when the public place explicitly prohibits dangerous weapons and guns. In some counties, including Hennepin County, churches have the right to ban weapons and firearms.
Our Minnesota gun crime attorneys represent clients who are facing different types of weapons charges and gun crime allegations, such as:
- Carrying dangerous weapons without a permit
- Possession of an unregistered gun
- Unlawful possession of a firearm in public
- Assault with a dangerous weapon
- Brandishing a firearm
- Possession of a firearm by a minor
- Possession of a firearm by a convicted felon
- Intentional discharge, reckless discharge, or another unlawful use of a weapon
- Unlawful sale of a firearm
- Illegal transportation of weapons
- Possession of automatic firearms or other federal weapons charges
- Negligent storage of a dangerous weapon
Criminal Penalties for Weapons Charges in Minnesota
In Minnesota, criminal penalties for weapons charges can vary based on the offense and its circumstances. Common weapons-related offenses include unlawful possession of a firearm, carrying a firearm without a permit, and the illegal use of weapons. Each of these offenses carries distinct legal consequences.
For unlawful possession of a firearm, penalties can be severe. Individuals prohibited from owning firearms due to felony convictions, restraining orders, or mental health issues may face felony charges. Convictions can result in lengthy prison sentences, fines, and long-term restrictions on firearm ownership.
Carrying a firearm without a permit is also a serious offense. Minnesota law requires a permit for carrying handguns, either openly or concealed. Violating this requirement can lead to misdemeanor or gross misdemeanor charges. Penalties may include fines, imprisonment, or both.
The use of a weapon in committing other crimes, such as robbery or assault, enhances the severity of the charges and penalties. For instance, using a firearm during a robbery could lead to felony charges with heightened sentences.
How a Weapons Charge Can Exacerbate Other Charges
A weapons charge can increase the severity of other charges against you. An individual who brandishes, discharges, or possesses a firearm while committing a crime is subject to a gun crime enhancement. For instance, if a gun was present during a drug sale, the charges and penalties faced by a defendant could be higher. Defendants need an attorney who understands the interplay between the many types of criminal charges, including weapons crimes, assault, robbery, sex crimes, drug crimes, and violent crimes such as homicide.
Do I Need a Lawyer for a Weapons Charge?
Yes, and not just any lawyer. You need a criminal defense attorney who knows how prosecutors think, because they’re already building a case against you.
When you’re charged with a weapons offense in Minnesota, the stakes couldn’t be higher. A conviction can cost you your freedom, your record, and your right to own a firearm. Walking into court alone, or with an inexperienced lawyer, is like bringing a knife to a gunfight, and the state doesn’t fight fair.
As a former prosecutor, I know every tactic the other side uses: how they overcharge, how they push plea deals, and how they twist your words. I’ve handled thousands of criminal cases across Minnesota, and I use that experience to dismantle the state’s case piece by piece.
Our attorneys don’t settle for easy outcomes. We fight to get charges reduced, evidence thrown out, or cases dismissed altogether. When your rights and your future are on the line, you need a defense that’s as aggressive as the prosecution, and that’s exactly what I deliver.
Defenses That Work in Minnesota Gun Charge Cases
Your lawyer will consider a variety of options when drafting your defense strategy. Common strategies against weapons charges include:
Challenge the Evidence
One common defense strategy is to challenge the prosecution’s evidence. This could involve questioning the legality of the search and seizure that led to the discovery of the weapon. If law enforcement violated constitutional rights during the search, the evidence may be inadmissible in court. Additionally, disputing the accuracy of ballistic reports or the chain of custody for the weapon can weaken the prosecution’s case.
Assert Legal Ownership or Possession
Another strategy is to demonstrate that the defendant had legal ownership or possession of the weapon. For instance, if the weapon was legally registered or if the defendant had a valid permit, this can negate criminal intent. Evidence of proper registration and compliance with federal and state laws can be critical in proving that the defendant did not commit a federal weapons offense.
Prove Lack of Intent
Federal weapons offenses often require proof of intent. A defense can argue that the defendant lacked the intent to use or distribute the weapon unlawfully. This strategy might involve showing that the weapon was possessed for lawful purposes, such as self-defense or collection, and not for illegal activities.
Present an Alibi or False Accusation
In some cases, presenting an alibi or proving that the defendant was falsely accused can be effective. This might involve providing evidence that the defendant was not present at the scene of the crime or that someone else was responsible for the illegal possession or use of the weapon.
Keller Criminal Defense Attorneys Is Committed to Defending Your Second Amendment Rights
At Keller Criminal Defense Attorneys, we pride ourselves on our commitment to protecting our clients’ rights (including their Second Amendment right to bear arms), reducing or eliminating charges, and providing knowledgeable legal advice. We maintain constant communication, via phone and email, and treat all of our clients with the utmost respect and dignity. Our law firm is available to our clients 24 hours a day, seven days a week to handle any questions or pressing legal concerns.
Frequently Asked Questions About Weapons Charges in Minnesota
What is the penalty for carrying a gun without a permit in Minnesota?
Carrying a handgun in public without a valid permit is typically a gross misdemeanor, punishable by up to one year in jail and a $3,000 fine. Repeat offenses or aggravating factors can raise the charge to a felony, carrying prison time and permanent loss of gun rights.
Can a felon ever legally own a gun again in Minnesota?
Possibly. After completing your sentence and probation, you can petition the court to restore your firearm rights. In more serious cases, you may need to apply for a pardon from the Minnesota Board of Pardons. An attorney can evaluate your eligibility and handle the process.
Are BB guns or air pistols considered “weapons” under Minnesota law?
Yes, in some cases. If a BB gun or air pistol is designed to look like a real firearm or is used to threaten or harm someone, it can be treated as a dangerous weapon. Context matters, and charges depend on how the weapon was used.
Will I go to jail for having a gun in my car?
Not necessarily. You may transport a firearm in your vehicle if it’s unloaded and stored in a closed case. However, carrying a loaded or easily accessible handgun without a valid permit can lead to arrest and criminal charges.
How can a lawyer help with my weapons charge?
A skilled defense lawyer can challenge the traffic stop, search, or seizure that led to the charge; negotiate reduced charges or dismissals; and work to restore your gun rights. Former prosecutor Max Keller uses his courtroom experience to stay one step ahead of the state and protect your record.