A client recently hired The Law Office of John Leunig after a sheriff’s office in the metro area denied their permit to carry application. After reviewing the matter, firm attorney Justin Duffy believed the sheriff’s office’s conclusion was erroneous and was able to persuade the sheriff’s office to reverse their decision.
In the sheriff’s office’s initial denial letter, it claimed that the client had been convicted of a “crime of violence,” and was thus prohibited from possessing firearms for the rest of his life under Minnesota law. However, “crime of violence” is specifically defined for the purposes of triggering firearms rights prohibitions to apply to only felony convictions for certain offenses that appear on a statutory list.
After reviewing the pertinent records, it was determined that, although the client had been charged with an offense that is on the “crime of violence” list, the client was never convicted of a felony for that offense. So, under Minnesota law, the client had never been convicted of a “crime of violence” as that term is specifically defined for purposes of firearms rights restrictions, and thus was not legally prohibited from possessing firearms.
The firm thoroughly set forth its legal analysis in a letter to the sheriff’s office requesting that the denial be rescinded and that the sheriff’s office grant the client a permit. Approximately a week later, the sheriff’s office wrote back and stated that after reviewing the firm’s submission it would agree to grant the client a permit to carry.
Had the sheriff’s office not agreed to reverse its decision, the firm was prepared to litigate the matter in district court. In permit to carry cases, if a judge overturns a sheriff’s denial and rules that the person should have been granted a permit, then the sheriff’s office is liable for the person’s attorney’s fees, costs and expenses.
If you or a loved one have been improperly denied a firearms permit or are facing charges for a criminal offense, call the criminal defense attorneys at The Law Office of John Leunig, 24 hours a day, 7 days a week, at 952-540-6800 for a free consultation.
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