Illegal Possession of an Assault Weapon in Minnesota

Facing charges for possession of a firearm can be a stressful situation, but it’s important to remain calm and understand your rights, so you can protect yourself and work toward securing the best possible outcome. 

Unlawful possession of a firearm can lead to severe consequences that can have a lasting impact on your life. Our goal at Capitol City Law Group is to provide a solid and strategic defense that upholds your rights and minimizes the effects of your criminal matter on your life and future.

If you are facing charges relating to assault weapons or other firearms, reach out to Capitol City Law Group to speak with a Minnesota gun charges lawyer about your case. You can reach us at 651-705-6311 to schedule a free consultation today.

A Brief Look at Gun Laws in Minnesota

Minnesota is ranked 14th in the country for the strength of its gun laws. In addition to requiring background checks for all gun sales, it’s illegal for those charged with, convicted of, or under restraining orders for domestic abuse to own or possess a firearm. The state also recognizes an extreme risk law, which allows family members or law enforcement to file a temporary order to prevent a person in crisis from accessing a gun. 

Minnesota residents must obtain a permit to carry a concealed weapon in public. To qualify for a permit, you must: 

• Be a permanent resident or US citizen
• Be at least 21 years of age
• Have completed an approved gun safety course
• Pass a background check

Anyone who purchases, possesses, or carries a firearm in violation of these rules or qualifications can be arrested and face serious criminal charges. 

While Minnesota recognizes the Second Amendment right to possess firearms, the state also balances the interest of public safety by enforcing strict criminal laws relating to firearms. Anyone facing gun-related charges should contact our defense lawyers at Capitol City Law Group as soon as possible.

Minnesota Laws for Assault Weapons

Assault weapons were banned nationwide in 1994 but were reintroduced to the market just 10 years later when the ban expired. Assault weapons are not prohibited in Minnesota the way they are in some other states. 

Still, the state has adopted several statutes that regulate the possession and sale of assault weapons, which means you can be charged for possession if you are not in compliance with the law. If you find yourself facing charges, the potential penalties can be harsh. Always work with a local criminal defense lawyer. 

How Are Assault Weapons Defined in Minnesota?

Assault weapons are defined as being “semi-automatic” and “military-style.” A firearm can be considered a semi-automatic military-style assault weapon if:

• It’s on the list of types of regulated firearms under Minnesota Statute 624.712.
• It’s a model of a listed item on the list, is made by the same manufacturer, has the same action design, or is redesigned, renamed, and renumbered, and has any modifications or enhancements.
• It was manufactured or sold under a licensing agreement with a manufacturer of firearms on the list to produce identical or nearly identical firearms to a listed model.

Who Cannot Possess an Assault Weapon in Minnesota?

In Minnesota, there are certain requirements you must meet to be able to possess a firearm, including assault weapons. People who are not legally allowed to possess an assault weapon (or any other type of firearm) in Minnesota include (but are not limited to):

• Anyone under 18 unless a parent or guardian is directly supervising them; participating in a military drill, supervised class, or competition; on a police-approved firing range; or willing to complete a course on assault weapon marksmanship and safety that is approved by the Commissioner of Natural Resources.
• Anyone convicted of committing a crime of violence.
• Anyone who has been established as developmentally disabled or mentally ill.
• Anyone convicted of a misdemeanor or gross misdemeanor violation of controlled substance law within the last three years.

There are other specific stipulations in place for who can and cannot possess an assault weapon in Minnesota. It’s wise to work with a defense attorney in Minnesota if you have questions about your rights.

Additional Assault Weapon Regulations in MN

In recent years, Minnesota has increased requirements for the transfer of semiautomatic military-style assault weapons within the state. Specifically, the standard waiting period for the transfer to take place was extended from seven to 30 days. This waiting period can be waived or reduced only with proper authority from the appropriate sheriff or police chief.

Anyone charged or convicted of violent crimes, domestic violence, or felony offenses punishable by over one year in prison cannot receive or possess an assault weapon in Minnesota. Mental health and other background check issues can also disqualify someone from possessing this type of firearm. 

Minnesota law now requires transferee permits for most assault weapon transactions outside of federally licensed dealers. This is because federally licensed dealers must conduct their own background checks before completing a sale. 

You might be exempt from this transferee permit requirement for private gifts within immediate families or temporary loans. A valid concealed carry permit might also qualify as a transferee permit if you want to purchase this type of firearm. 

Transferring an assault weapon without obtaining a proper transferee permit, conducting a background check, or meeting waiting period requirements is a violation of Minnesota law for all parties involved. Possessing an assault weapon that was improperly obtained is also a criminal offense.

Assault Weapon Possession Charges in Minnesota

The severity of the crime and the related charges depend on the nature of the crime. These types of cases typically involve the violation of laws pertaining to the possession, sale, transfer, or use of assault weapons. Here are some common charges involving the possession of an assault weapon:

• Unlawful possession of an assault weapon
• Felon in possession of an assault weapon
• Possession of an assault weapon during a crime
• Trafficking or illegal sales of assault weapons

At Capitol City Law Group, we have experience defending against complex assault weapon charges for a variety of clients. We’re confident we can develop a personalized strategy for your defense.

Defending Against Firearm Possession Charges in Minnesota

If you are facing illegal possession charges of an assault weapon in Minnesota, always understand the severity of the situation and the potential consequences you may be up against. 

The criminal justice system can be challenging to face and intimidating, especially when dealing with charges related to assault weapons or other firearms. In such cases, having an experienced criminal defense attorney handling the case can make a significant difference in the outcome and protection of your future.

There are different strategies to defend against this type of criminal charge. First, we investigate the circumstances of your arrest to identify any possible violations of your constitutional rights. Sometimes, violations allow us to suppress key evidence, potentially leading to a dismissal of charges. 

We represent you in all court hearings, speaking with judges and negotiating with prosecutors. We present your situation to prosecutors in the best light possible, aiming to get your charges or penalties reduced in a plea agreement. Never plead guilty to a charge without advice from a defense attorney, but in many cases, a plea agreement can provide the most favorable outcome for your situation.

If you are wrongfully accused or the evidence against you is insufficient, our firm can defend against your charges at trial. With our knowledge of Minnesota’s criminal laws and regulations concerning assault weapons, we can help you understand all your options and fight for the best possible outcome.

By retaining a skilled defense attorney from the Capitol City Law Group, you can increase your chances of achieving a favorable resolution to your case. Remember, when facing assault weapon charges in Minnesota, having a competent attorney on your side is not just beneficial but essential in safeguarding your future. 

Reach Out to Capitol City Law Group to Discuss Your Case Today

If you’re facing charges for possessing an assault weapon in Minnesota, it is always wise to seek legal counsel from a Minnesota defense attorney. Our lawyers can bring a lot to the table when going through the criminal justice system for your case, including in-depth knowledge of gun laws, personalized legal strategies, and solid representation in court.

Our team at Capitol City Law Group is dedicated to providing competent representation that secures you a fair outcome in court. We have over five decades of experience handling complex legal cases in Minnesota, and we’re ready to put our skills to work for you. Get in touch with our office to set up an appointment with our team today.