Results

Kelly Keegan’s client obtained his permit to carry but had a gun purchase denied pursuant to a federal check due to three felony motor vehicle theft convictions in Carver County. At the time Kelly’s client committed the offenses, felony theft of a motor vehicle was considered a crime of violence under Minnesota state law, subjecting him to a lifetime ban on possessing firearms. The Minnesota Supreme Court determined in 2020 that the Minnesota Legislature removed felony theft of a motor vehicle from the list of crimes of violence. However, a judicial order is still needed for the federal government to recognize restoration under federal law. Kelly was able to obtain a court order showing her client’s ability to possess firearms has been restored and submit appeal documents to have his Federal records updated so that he can finally purchase a firearm.

Kelly’s client retained her after his attempted firearm purchases were denied by the federal government due to a 1993 conviction for misdemeanor domestic assault. While most denials of this type are the result of the failure of the old Minnesota statute to specify between ‘fear’ and ‘harm’, the latter of which leads to a lifetime firearm prohibition under federal law, a review of the underlying documentation in this case revealed that the denial was incorrect for another reason. Specifically, the alleged victim in the case was not a protected person under federal law,  with the result that the denial was incorrect on that basis. The client was then able to use this information to legally purchase firearms and apply for gun permits.

Kelly’s client called her unsure why his gun purchases were being denied. Kelly reviewed a previous conviction in Ramsey County for solicitation and found language incorrectly suggesting his offense was a crime of violence subjecting her client to a lifetime prohibition on possessing firearms. She also found problems with the discharge date. After numerous correspondence with the court, the Minnesota Bureau of Criminal Apprehension and other parties, Kelly was able to fix the incorrect language and the discharge date, restoring her client’s firearm rights.

Kelly Keegan’s client retained her after having a gun purchase denied due to a 2003 conviction of Felony Theft of a Motor Vehicle in Ramsey County. As this charge was considered a crime of violence under Minnesota State law at the time her client committed the offense and went through court, he became subject to a lifetime ban on possessing firearms. Although the Minnesota Supreme Court determined in 2020 that the Minnesota Legislature intended through subsequent amendments to the law to remove this offense from the list of crimes of violence, a judicial order was still needed to update Federal records. Kelly was able to obtain the appropriate paperwork showing her client’s rights were restored and then pave the way with the federal government National Instant Criminal Background Check System (NICS) so her client can purchase firearms without denial or delay.

Kelly Keegan’s client came to her after the Hennepin County Sheriff revoked his permit to carry as the result of a petty misdemeanor conviction for possession of a small amount of marijuana, claiming her client was a “habitual user of controlled substances.” Kelly examined the issue and determined the Sheriff’s actions were incorrect, as the only possible basis for the revocation under applicable law would be ‘use’, not ‘possession’ of a small amount of marijuana. She then sent a letter to the Sheriff setting forth these conclusions and demanding that the permit be reissued to her client. The Sheriff agreed, reissuing the permit so that Kelly’s client can once again lawfully carry a firearm.