Legal Question in Criminal Law in Minnesota

Re: Hunting while on probation

Thank you for the e-mail.

It sounds as if he received a Stay of Adjudication or a Stay of Imposition. Whether he may go hunting in the criminal matter depends on whether possession of weapons was precluded as part of his probation. It may not have been.

However, so long as the OFP is effect, it is my understanding that he cannot possess weapon. A violation would do little more than result in a misdemeanor criminal charge.

Re: Hunting while on probation

Persons subject to an Order for Protection are generally prohibited from possessing any firearm or ammunition, by United States Code Section 922(g)(8). Once he is no longer subject to the Order for Protection, this provision should not affect him.

A person convicted of a misdemeanor crime of domestic violence is generally prohibited from possessing any firearm or ammunition, under United States Code Section 922(g)(9).

If prosecuted, the penalties could be severe.

Also, if no possession of firearms is a condition of probation, a violation of that condition could result in revocation of probation, including jail time.

He would be well advised to avoid possession of firearms at least until the Order for Protection is terminated, and his probation is ended. Even then he should consult a lawyer knowledgeable in this area, like me, before possessing a firearm again.