Legal Question in Criminal Law in Minnesota

Gun Rights

Thanks for taking my question.My question relates to having my firearm rights taken from me.In 1993 I was sentenced for a domestic abuse.I fulfilled my obligations to the court,I quit drinking and my wife and I are very happily married.Then I found out from a friend that the government passed a law saying anybody convicted of a domestic abuse had their gun rights taken away.They passed this law years after I fulfilled my obligations. How can they convict me twice for the same thing.Thats like if I get a dui and I fulfilled my obligations to the court,they can pass a law years later and convict me again this is totally unfair.My wife is upset about this too,I want to take my 14 year old boy hunting. Thank you, SWD


Asked on 2/17/05, 12:46 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Gun Rights

You are probably referring to the federal "Violence Against Women Act" of 1996 -- a law which is sexist on its face. This is a severe law, which strips good people of their civil rights to guns. There are also some Minnesota state laws which have similar effects. I have taught courses to lawyers on this topic, but there is too much involved to write here.

One possible solution would be to hire a lawyer to help you make a motion to withdraw your guilty plea and vacate your conviction. If the Judge were to grant that motion, then presumably you would have "no conviction" and your rights to firearms could be restored. You would need to consult with a lawyer willing to look into it with you, in order to determine if this approach might work for you.

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Answered on 2/17/05, 3:40 pm


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