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MN LAW HELP Own/Carry Firearm

PostPosted: Tue Feb 21, 2012 5:05 am
by CouldntFindGoodName
Dakota County Minnesota:

Can someone who was convicted of a disorderly conduct (Original charge was DOMESTIC ASSAULT but then amended to disorderly conduct - No Felonies.) still purchase a firearm more than 4 years after successfully completing all court orders? Would this person still be allowed to purchase AND carry, just one or neither?

Even though the final plea bargain agreement charge was just a misdemeanor disorderly conduct, the original charge was a misdemeanor domestic assault and as I understand, domestic assault convictions in MN may prohibit legal gun ownership.

Has anyone personally been through this or knows about this first hand?

Thank you in advance for your help! :)

Re: MN LAW HELP Own/Carry Firearm

PostPosted: Tue Feb 21, 2012 5:40 am
by Irish.40
I would suggest applying for a permit to purchase and see what happens. The worst they can do is say no. And its free.

Re: MN LAW HELP Own/Carry Firearm

PostPosted: Tue Feb 21, 2012 7:05 am
by carver952
If the conviction was more than three years ago, the original charge is less relevant.
Carry permit is typically approved if a weapon was not involved with the offense.
609.2242, sub 3 - Domestic assaults involving firearms, prohibited for longer than three years.
624.713, sub 1, (7) - prohibited until charge of violence has been dropped.
624.713, sub 9, convicted of domestic assault involving a firearm,
624.713, 11, gross misdemeanor, unless three years since date of conviction.

Re: MN LAW HELP Own/Carry Firearm

PostPosted: Tue Feb 21, 2012 7:33 am
by CouldntFindGoodName
My worry is, if denied, it will be harder to obtain either permit later on. By determining my eligibility prior to applying, I can ensure to take the proper steps in advance to increase my chances of obtain the permit (i.e. expunge record, etc). But this is kind of tricky question and maybe the most efficient answer might be to just apply and see what happens.

And for the record it was a false accusation. A break up gone bad between two 18 year olds, without the alleged violence, just jealousy on her part and desire to "mess up my life". I foolishly took the plea bargain without realizing how public the original domestic charge would be.

I'm a law abiding citizen with an otherwise clean record and enjoy guns! Going to the Burnsville shooting range today to try out the Makarov pistol and 12 gauge shotgun!

Re: MN LAW HELP Own/Carry Firearm

PostPosted: Tue Feb 21, 2012 9:07 am
by plblark
Since you're concerned and trying to be very careful, If you really want to be SURE, you get what you pay for.

My recommendation would be to contact a good attorney.

Marc Berris
612-332-3100
Macr@Berrislaw.com

Re: MN LAW HELP Own/Carry Firearm

PostPosted: Tue Feb 21, 2012 9:36 am
by farmerj
CouldntFindGoodName wrote:Dakota County Minnesota:

Can someone who was convicted of a disorderly conduct (Original charge was DOMESTIC ASSAULT but then amended to disorderly conduct - No Felonies.) still purchase a firearm more than 4 years after successfully completing all court orders? Would this person still be allowed to purchase AND carry, just one or neither?

Even though the final plea bargain agreement charge was just a misdemeanor disorderly conduct, the original charge was a misdemeanor domestic assault and as I understand, domestic assault convictions in MN may prohibit legal gun ownership.

Has anyone personally been through this or knows about this first hand?

Thank you in advance for your help! :)


Disorderly conduct is not a disqualifier.

Marc Berris would be a good contact to make as well.

Yes, you can still purchase firearms. You may run into issues and receive a "delay" when your information is called in for a NICS check after you have filled out a 4473.

If you are concerned about your permit to purchase or permit to carry. Go talk with the sitting sheriff and be straight up with him. It will be his decision if he is going to allow or disallow you and your relationship with the sheriff will have a big influence on that.


And yes, I have been through exactly what you have. To a T. My ex-wife made 118 calls for service in 12 months AFTER our divorce was final claiming domestic assault, child kidnapping and other nefarious claims