The Unpredictability of Firearm Rights Restoration Litigation
The central analysis in a firearm rights restoration matter is whether the petitioner can demonstrate ‘good cause,’ which is undefined by statute. Previous case law has bestowed upon this vague concept the following definition: “a reason for taking an action that, in legal terms, is legally sufficient, and, in ordinary terms, is justified in the
Carrying While Under the Influence
In Minnesota, it is illegal to be carrying while under the influence of alcohol or controlled substances. The offense can be either a misdemeanor or gross misdemeanor, requiring possible jail and/or a heavy fine, not to mention revocation of the person’s right to carry. Under Minn. Stat. 624.7142, the carrying while under the influence charge
SCOTUS Ruling – Gun Rights Are Lost Following Domestic Assault Convictions
The Supreme Court of the United States recently ruled in Voisine v. United States that a reckless domestic assault is considered a misdemeanor crime of domestic violence. This is significant because the 1996 Lautenberg Amendment bans firearm possession for anyone convicted of a misdemeanor crime of domestic violence. The case itself is concerned with the
A BB Gun is a Firearm… Somehow…
Hey there ho there, average happy Minnesota citizen. You are blissfully unaware of the pronouncements of your nearest Court of Appeals 3-person panel of judges, because… well, you are wise, and have a happy full life, and it’s only nerds like us who read this stuff. But this one, THIS puppy, you might want to
Federal Gun Rights Laws – The Interplay with Minnesota State Law
By now, you probably know that both state and federal law can prohibit a person from possessing firearms based upon their criminal history. Often, the laws are duplicative and a person is ineligible under both for the same offense. But, certain offenses can result in a person being ineligible under federal law, but not under