Have you, or a loved one, been accused or charged with criminal possession of a weapon? This charge is serious but the penalties always depend on specific details of your case.
If you have been accused of a previous crime or found to be mentally ill, your case is more serious than a simple misunderstanding. You need to know the specifics best defend yourself against such accusations.
What Is ‘Criminal Possession Of A Weapon’?
The criminal possession of a weapon is an illegal possession of a weapon, either carried on the body or found in the home during an investigation. There are several levels of possession, including simple possession, which refers to a person who has lost all privileges to owning, carrying, and buying a weapon.
Illegally carrying a concealed weapon, or even carrying it openly, without the proper permits also breaks this law as the gun’s purpose will be seen by authorities as an intimidation tactic or an intention to cause harm. This is why guns are always prohibited in government buildings, schools, correctional facilities, courthouses, and federal buildings, such as the post office.
Sometimes the general rules on who can and cannot carry a weapon are confusing but understanding your rights can keep you out of trouble.
Who Can And Cannot Carry A Weapon?
Minnesota Statute 624.713 is an outline of the people who are not eligible to own and carry a weapon in Minnesota. These people include:
- Any person possessing a handgun on their person must be at least 21 years old, unless they are a member of the military or police force or under the direct supervision of a knowledgeable guardian.
- You must be a U.S. citizen.
- You must have a state permit to carry a handgun, but not a long-barreled hunting weapon.
- You must have personally gone through the entire process to buy the handgun yourself.
- Anyone charged with a crime of violence or illegal drugs (both felonies and misdemeanors) is prohibited from owning a weapon for specific periods of time.
- Anyone found to be mentally incapacitated cannot carry or own a weapon.
- Anyone who has been dishonorably discharged from the military can no longer own a weapon.
This long list also includes anyone who is the subject of a restraining order or who has been accused, but not yet tried, of domestic violence. All machine guns and short-barrelled shotguns are illegal though silencers are not.
If you have been found guilty of a crime in Minnesota that prohibits your right to bear arms, there are time limits placed on certain crimes that will allow you to get your rights back.
What Are The Penalties For Criminally Possessing A Weapon?
Penalties for this crime can be intense, but the laws reflect the damage that can be done and has been done with such weapons in the hands of actual criminals. School shootings and foreign or domestic terrorists may find gaining access to a gun more difficult with these laws and penalties in place.
Anyone found guilty of possessing a handgun illegally can be placed in prison for up to five years and face a fine of up to $10,000. Any person who is caught with a weapon and who is already ineligible to possess such a weapon can be put in prison for up to fifteen years and pay a fine of $15,000.
Your chosen defense and the tactics that you employ to prove your innocence can make or break your entire future. Choose wisely and you may get the best deal available to you.
How Do We Defend ‘Criminal Possession Of A Weapon’ Charges?
We will make sure that all searches and seizures were completed correctly and by the book. If they were not, the case can be tossed directly out of court. We can explore whether you genuinely feared for your life and owning a weapon could have allowed you to protect yourself and your family.
Did you even know that the weapon was in your possession?
DeVore Criminal Defense will explore all options that are at our disposal to ensure that you get a great deal that will benefit you and your family. Contact us anytime at 651-435-6500 and we will begin your defense.
Kevin DeVore has the experience and the compassion to help you during your time of need. He is the most effective and efficient choice in Minnesota.
Posted 21st January 2021 by DeVore Law Office