Firearm Rights Restored for Three Theft of Motor Vehicle Cases
Kelly’s client retained her before applying for a permit to carry due to a long criminal history from before he became sober, much of which he barely remembered. Kelly examined his extensive criminal record and court documents to determine that, despite his many convictions and having served time in prison for Felony DWI, the only charges on his Minnesota record that would cause him problems with gun rights were three Theft of Motor Vehicle convictions from Chisago, Ramsey and Dakota Counties. As these charges were considered crimes of violence under Minnesota State law at the time her client was released from probation, 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. As soon as he clears up issues related to convictions in another state, he will be able to receive his permit to carry and update his federal records so that he can purchase firearms without denial or delay.