FLEMING LAW OFFICES | PHONE: 763-291-4011 | CONTACT WITH A MESSAGE
JAMES B. FLEMING – ATTORNEY at LAW – MONTICELLO, MN
If you are seeking to have your right to own and possess firearms restored, you will need advice and guidance from an experienced lawyer to take you through the process. Choosing the right lawyer means finding someone who understands both Minnesota and federal gun laws and regulations. Jim Fleming is a criminal defense attorney with more than 33 years experience in these areas. Both state and federal laws can operate to prohibit a person from possessing firearms, based upon their criminal history and other non-criminal criteria. Often, the laws are duplicative, and a person is ineligible under both state and federal law for the same offense. However, certain offenses can result in a person being ineligible under federal law, but not under Minnesota state law. This is why it is critical to get a seasoned Minnesota gun rights attorney to assist you through the process of firearms restoration.
Additionally, legislation is always changing, creating new rights and obligations. For example: "Before 2003, a person convicted of a crime of violence was ineligible to possess a firearm for ten years. Minn. Stat. § 609.165, subd. 1a (2002). In 2003, the legislature extended the ban to "lifetime" for any person discharged from sentence or court supervision after August 1, 1993. 2003 Minn. Laws ch. 28, art. 3, §§ 3 at 291; 8 at 296."
You will need the help of an attorney to understand why your gun rights have been denied, and to legally obtain restoration of thsoe rights through a petition to the courts. It's important to hire an attorney who understands the legal process and whether or not your individual case has the possibility for a successful outcome. Good cause must exist for restoration of a Petitioner’s firearms rights and a demonstration of why you do not pose a threat to others. If a petition is denied, the person may not file another petition for a period of three years.
When determining whether to restore an individual's firearm rights, the courts will consider whether there is good cause. Minnesota courts have not provided an exact definition of "good cause." However, examples drawn from other cases include needing a firearm for employment purposes, hunting, or simply because there is no reason to believe that the individual cannot be trusted to own a firearm.
If you value your right to possess firearms, you need to be represented by an attorney who knows how your prior conviction or status may affect your Second Amendment rights. Attorney Jim Fleming represents people in denials of applications for a permit to purchase, and denials of permits to carry, as well as in the process of restoration of an individuals firearms rights. He has experience in dealing with these cases across the state. He has successfully handled many such cases, and is prepared to help you with yours.
Let's discuss your options. Contact our law office today!
FLEMING LAW OFFICES | PHONE: 763-291-4011 | CONTACT
These answers are for information purposes only. Further clarification of the law may be addressed by referring directly to Minnesota State Statute 624.714.
Are you looking to obtain the required training to make application for your Minnesota Permit To Carry A Pistol or have need to renew your current permit? Contact MID-MINNESOTA SELF-DEFENSE for your firearms training.
So now that you have your Minnesota Permit To Carry, do you understand the legal aspects and the responsibilities associated with it? Do you know what to expect once the shooting stops and the legal aftermath of the second battle you will face? Attorney, Jim Fleming is the author of the book, "AFTERMATH: Lessons In Self-Defense" which outlines the legal aspects that follow a self-defense shooting. This is information you need to know!