A felon in possession charge carries severe penalties in Minnesota. Our defense
attorneys challenge every element of the prosecution’s case to protect your freedom.
Under both Minnesota and federal law, individuals with certain criminal convictions are prohibited from possessing firearms and ammunition. A violation of these laws, commonly known as ‘felon in possession’, is a serious criminal offense that can result in years in prison, even if the underlying felony conviction occurred decades ago.
At Birkholz Law, we understand that many people charged with felon in possession are not dangerous criminals. They may be hunters, sport shooters, or individuals who simply did not understand the full scope of the firearms restrictions that applied to them. Regardless of the circumstances, we provide aggressive defense to protect our clients’ freedom and future.
Minnesota’s felon in possession statute (Minn. Stat. § 624.713) prohibits firearm possession by individuals convicted of ‘crimes of violence’ as defined in Minn. Stat. § 624.712, subd. 5. Federal law under 18 U.S.C. § 922(g) is even broader, prohibiting firearm possession by anyone convicted of a crime punishable by imprisonment for more than one year, which includes many non-violent felonies.
Minnesota and federal felon in possession laws differ in important ways. Minnesota’s statute (Minn. Stat. § 624.713) specifically targets individuals convicted of ‘crimes of violence,’ which is a defined list of offenses including murder, assault, robbery, burglary, kidnapping and certain drug offenses. If your conviction does not qualify as a ‘crime of violence,’ you may not be prohibited under state law.
Federal law (18 U.S.C. § 922(g)) is broader. It prohibits firearm possession by anyone convicted of a crime punishable by more than one year of imprisonment, regardless of whether the offense involved violence. This means that non-violent felony convictions (such as certain fraud or drug offenses) can trigger federal firearms prohibitions even if they do not trigger Minnesota’s state prohibition.
Under Minnesota law, a felon in possession of a firearm faces a maximum penalty of 15 years in prison and a $30,000 fine (Minn. Stat. § 624.713, subd. 2). For individuals with certain prior violent convictions, mandatory minimum sentences may apply. Federal felon in possession charges under 18 U.S.C. § 922(g) carry a maximum penalty of 15 years in federal prison.
Under the federal Armed Career Criminal Act (18 U.S.C. § 924(e)), individuals with three or more prior convictions for violent felonies or serious drug offenses face a mandatory minimum of 15 years in federal prison. These enhanced penalties make it critical to have an experienced defense attorney who can challenge the applicability of sentencing enhancements.
The most effective defense strategies in felon in possession cases often focus on the circumstances of how the firearm was discovered. If law enforcement conducted an illegal search, whether of your home, vehicle or person, the firearm evidence may be suppressed under the Fourth Amendment. Our attorneys careful ly review search warrants, traffic stop procedures, and consent searches for constitutional violations.
In cases involving constructive possession (where the firearm was not found on your person), the prosecution must prove that you knew about the firearm and had the ability and intent to exercise control over it. Simply being present in a location where a firearm is found is not sufficient. We challenge constructive possession theories by examining who else had access to the area, whether there is any forensic evidence linking you to the firearm, and whether the prosecution can prove knowledge beyond a reasonable doubt.
If you have been convicted of felon in possession, or if you are concerned about your firearms rights following a prior conviction, there may be options for restoration. Minnesota law (Minn. Stat. § 609.165) allows individuals whose civil rights have been restored to petition the court for restoration of firearm rights.
Our attorneys at Birkholz Law handle gun rights restoration petitions throughout Southern Minnesota. We evaluate your eligibility, prepare a compelling petition, and represent you at the restoration hearing. We also advise clients on the interaction between state and federal firearms laws to ensure that a state restoration is meaningful and effective.
John, a resident of Blue Earth County, was looking forward to his annual deer hunting trip with friends. Years ago, he had a felony drug conviction but had since turned his life around, holding a steady job and raising a family. He believed that after so much time had passed, his right to own a firearm was automatically restored.
During the trip, a game warden checked their hunting licenses and firearms. A quick check revealed John’s prior felony, and he was arrested for being a felon in possession of a firearm. John was confused and scared. He didn’t know that in Minnesota, his firearm rights were not automatically restored. He also made the mistake of admitting to the officer that he knew the rifle was in the truck, thinking his honesty would help him.
An experienced criminal defense attorney would immediately challenge the stop and John’s statements. The attorney would investigate whether the prior conviction legally prohibits firearm possession and explore if John’s possession was “constructive” rather than “actual,” potentially arguing that the firearm belonged to his friend and was not under his direct control.
A conviction for being a felon in possession of a firearm in Minnesota carries severe and lasting consequences that extend far beyond any jail sentence or fine. This conviction will create significant barriers to finding safe and affordable housing, as many landlords refuse to rent to individuals with recent felony convictions, especially those involving firearms.
Employment opportunities will also be drastically reduced. Many employers conduct background checks and are hesitant to hire someone with a felony firearm conviction, viewing them as a potential liability. Under Minn. Stat. § 624.713, a conviction will result in a lifetime ban on possessing firearms and ammunition, eliminating any possibility of future hunting or sport shooting.
\Furthermore, a felony conviction can impact educational opportunities, making it difficult to obtain federal student loans. For non-citizens, a firearm conviction is often considered an aggravated felony, which can lead to deportation.
Even family life can be affected, as a felony conviction can be used against you in child custody disputes. The social stigma of a felony firearm conviction can also strain relationships with family and friends, leading to isolation and emotional distress.
“If the gun wasn’t on my person, I can’t be charged.” This is false. Minnesota law recognizes “constructive possession,” which means you can be charged if you had knowledge of the firearm and it was in a place you exercised control over, like your car or home, even if you weren’t physically holding it.
“My felony was a long time ago, so my rights are restored.” This is a dangerous misconception. Under Minn. Stat. § 624.713, the restoration of firearm rights is not automatic for all felonies. For certain “crimes of violence,” your rights are permanently lost unless you successfully petition the court for restoration.
“It was just an antique gun, so it doesn’t count.” This is incorrect. The law defines “firearm” broadly, and even an old or inoperable gun can lead to a charge unless it meets the very specific definition of an “antique firearm” manufactured in or before 1898.
“If I didn’t know I was a prohibited person, I can’t be convicted.” This is not a valid defense. The law does not require the prosecution to prove that you knew you were prohibited from possessing a firearm, only that you knowingly possessed the firearm.
When facing a felon in possession charge, you are protected by several key rights under both the U.S. Constitution and Minnesota law. The Fourth Amendment to the U.S. Constitution protects you from unreasonable searches and seizures. This means that if the police found the firearm during an illegal stop of your person or vehicle, or through an unlawful search of your home, the evidence may be suppressed under the exclusionary rule, as established in Mapp v. Ohio.
Minnesota courts have consistently upheld these protections, for example in State v. Diede, where the court suppressed evidence found after an unconstitutional expansion of a traffic stop. An attorney can file a motion to suppress illegally obtained evidence, which can lead to a dismissal of the charges.
Additionally, the prosecution must prove beyond a reasonable doubt that you knowingly possessed the firearm. This is a high standard, and a skilled attorney can challenge the evidence of possession, especially in cases of “constructive possession.” You have the right to a jury trial where the prosecution must convince a unanimous jury of your guilt.
You also have the right to challenge the validity of your prior “predicate” offense. If your prior conviction does not legally qualify as a “crime of violence” under Minn. Stat. § 624.712, you may not be a prohibited person under the law. This requires a careful legal analysis of your criminal history.
Winning a felon in possession case requires a thorough and technical legal defense. A primary strategy is to challenge the legality of the search and seizure that led to the discovery of the firearm. If the police violated your Fourth Amendment rights, a motion to suppress the evidence can be filed, and if successful, the prosecution’s case will likely be dismissed.
Another effective strategy is to attack the element of “possession.” In cases of “constructive possession,” the prosecution must prove that you had knowledge of the firearm and exercised dominion and control over it. This can be difficult for the prosecution to prove, especially if there were other people present or if the firearm was found in a shared space. See, for example, State v. Florine, where the Minnesota Supreme Court outlined the high burden of proof for constructive possession.
A third strategy is to challenge the predicate offense. This involves a careful analysis of your prior conviction to determine if it legally qualifies as a “crime of violence” under Minnesota law. If it does not, you are not a “prohibited person” and cannot be convicted under Minn. Stat. § 624.713.
Finally, it may be possible to argue that the object in question does not meet the legal definition of a “firearm” under the statute. For example, certain disassembled or inoperable weapons may not qualify. This defense requires a detailed examination of the specific object and the relevant case law.
This could be a strong defense against a charge of constructive possession, as it suggests you did not have the ability to exercise dominion and control over the firearm.
Yes, you can be charged, but the prosecution would have to prove that you knew the gun was there and that you were in a position to exercise control over it, which can be difficult to prove.
A state charge is brought under Minn. Stat. § 624.713, while a federal charge is brought under 18 U.S.C. § 922(g). Federal charges often carry harsher penalties and are typically pursued when the firearm has crossed state lines or in connection with other federal crimes.
Generally, you can possess a firearm in your own home without a permit. However, if you are a person prohibited from possessing firearms, such as due to a felony conviction or a domestic violence order, this prohibition applies everywhere, including your residence. The location of the firearm does not change your prohibited status.
For some felonies, your rights may be automatically restored after you have completed your sentence and probation. However, for “crimes of violence,” you must petition the court to have your rights restored, and the process can be complex.
Not necessarily, but it is a risky situation. If you know there are firearms in the house and you have access to them, you could be charged with constructive possession.
Your freedom is at stake. Contact Birkholz Law today to speak with
an experienced criminal defense attorney who will fight for you.
Award-winning law firm serving Southern Minnesota for over 50 years. Dedicated to protecting your freedom, rights and family.
121 St. Andrews Court Mankato, MN 56001
209 Armstrong Blvd South St. James, MN 56081
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