Minnesota gun rights lawyer & firearms charges attorney
Firearms, guns, Second Amendment, gun rights restoration, carry permit appeals, and weapons charges
Minnesota has various statutes punishing the possession or carrying of a firearm or other weapon. These can be simple possession or carrying of a firearm without the proper permit, or, in conjunction with another offense, such as possession or dealing of drugs, use in connection with an assault, or in a robbery, etc. Possession of a firearm in connection with another offense will likely make the potential punishment much more serious, such as a mandatory minimum time in prison, or, a more lengthy prison sentence. Attorney Lynne Torgerson, , Esq., a gun rights awyer with over 27 years experience, can represent you in such cases.
Second Amendment lawyer, gun rights restoration lawyer, and gun charges lawyer, Lynne Torgerson, Esq.
Lynne Torgerson, Second Amendment lawyer, gun rights restoration lawyer, gun charges lawyer, is here to assist you in getting your gun rights restored. In Minnesota, it is called a petition for restoration of rights to possess and otherwise deal in firearms. Ms. Torgerson also represents people on carry permit appeal cases, gun charge cases, such as felon in possession of a firearm, negligent storage of firearms, carrying without a permit, presenting a firearm at an airport security check point, and carrying while under the influence.
Gun rights restoration wins by Lynne Torgerson lawyer
Gun rights restoration at Minnesota Court of Appeals
Second Amendment lawyer, Lynne Torgerson, Esq., won a major victory at the Minnesota Court of Appeals. Years earlier client had been convicted of felony third degree assault out of Washington County, as well as some other offenses. Her client has now remained law abiding for a good many years and become a very successful business professional. He therefore brought a petition to restore his gun rights in district court. The Assistant Washington County Attorney opposed his petition. At the hearing, Ms. Torgerson's client testified. The presiding judge, Judge Tad Jude, granted her client's petition to restore gun rights. The State appealed. The Minnesota Court of Appeals again ruled in favor of Ms. Torgerson's client. This case established much better case law for the entire State of Minnesota than had previously existed. This case is good for the Second Amendment.
Kudos to Ms. Torgerson and her client!
Ms. Torgerson has now won gun rights cases in approximately 27 counties in the State of Minnesota, as well as at the Minnesota Court Appeals. This makes Ms. Torgerson one of the best Second Amendment lawyers in the State of Minnesota! If you or your loved one needs assistance, please call (612) 339-5073!
Gun rights win in Hibbing, Minnesota
Gun rights restoration lawyer, Lynne Torgerson, Esq., can chalk up another big Second Amendment victory--this time in St. Louis County, Hibbing, Minnesota.
Ms. Torgerson's client had some legal issues a number of years ago. He has remained law abiding for approximately 12 years now. He wished to get his Second Amendment rights restored. He also wished to be able to go hunting. The Court, Judge Akerson presiding, granted her client's request.
Ms. Torgerson has now won gun rights cases in approximately 27 different venues in the State of Minnesota. With all due respect, most lawyers have not had cases in 27 different counties. Ms. Torgerson has won gun rights cases in 27 different venues in the State of Minnesota. That's an exceedingly good win record.
Lynne Torgerson wins gun rights for clients in Otter Tail County and Carlton County
Lynne Torgerson, Esq., Second Amendment and gun rights lawyer, again, just won two (2) gun rights restoration cases. One in Otter Tail County, Minnesota, and another in Carlton County, Minnesota.
Just prior to that, she just recently won two (2) more gun rights restoration cases in the City of Foley, County of Benton, State of Minnesota. Both cases were in front of the same judge, The Honorable Judge Jesse. This was after the original judge assigned was removed. A party has the right to remove one judge per case, for no reason at all, in both criminal and civil cases, as long as the judge has not presided in the case previously. So, you need to hire a lawyer early in your case, before a judge is assigned, so that your lawyer can remove the judge if necessary.
In any event, four (4) of Ms. Torgerson’s clients recently got their gun rights restored in Otter Tail, Carlton, and Benton Counties. Ms. Torgerson's clients had had felony convictions early in their lives, and had turned their lives around and become responsible, law abiding citizens, and contributing members of society. This is what society wants its youthful offenders to do, and, arguably, they should be rewarded for it. The judge agreed that these men would now be responsible gun owners, that they had matured, and were not dangerous. The judge signed the orders of restoration of rights to possess firearms. These clients now have their permits to purchase and have purchased firearms. They can also now go hunting, go to target practice, range shooting, etc. Be sure to vote for Judge Jesse, Judge MacLaughlin, and Judge Hanson, in future elections. They are Second Amendment supporters.
Now, Ms. Torgerson can add Carlton County to her list of approximately 27 counties in which she has won gun rights cases, as well as at the Minnesota Court of Appeals in February 2016. This is an awesome record of successes by Ms. Torgerson.
Attorney Lynne Torgerson, Esq., wins another gun rights case in Crow Wing County, State of Minnesota
Ms. Torgerson recently won another gun rights case in Crow Wing County, State of Minnesota. This is the City of Brainerd. This time her client was a female. Girl power! We are grateful to the Honorable Earl Maus, who issued the order of restoration.
Lynne Torgerson, Esq., has won gun rights cases in approximately 27 counties throughout the State of Minnesota, as well as at the Minnesota Court of Appeals
Ms. Torgerson has won gun rights cases (gun rights restoration and appeal re permit to carry) all over the State of Minnesota. Ms. Torgerson, Second Amendment lawyer, gun rights restoration lawyer, has won firearms cases in the following counties:
Crow Wing County
Otter Tail County
St. Louis County
St. Louis County - Hibbing
Yellow Medicine County; and
the Minnesota Court of Appeals!
That's gun rights victories in 28 different counties in the State of Minnesota, plus, at the Minnesota Court of Appeals! That is a winning record! She wants to help you win in your county too! Ms. Torgerson, Esq. enjoys expanding the number of counties in which she has won these cases.
Lynne Torgerson, Esq. wins gun rights restoration following juvenile adjudications for crimes of violence out of Sherburne County
Gun rights restoration lawyer Lynne Torgerson wins another case, this time where her client had lost his rights because of juvenile adjudications of crimes of violence. In this case, Ms. Torgerson's client, as a young boy, engaged in some juvenile behavior, which resulted in him being adjudicated guilty of crimes of violence. Since that time, he has turned his life around. A petition to restore was filed, a hearing was held, and the judge rewarded Ms. Torgerson's client with an order restoring his gun rights. Bravo to Ms. Torgerson and her client!
It is worth noting that just recently, the Minnesota Bureau of Criminal Apprehension (BCA) has started checking juvenile records for disqualifying convictions that occurred when people were juveniles, and then the BCA is cross referencing this information with people who have permits to purchase and permits to carry. If applicable, then the BCA is sending out revocations of permits to purchase and to carry. Notwithstanding, there is hope. People can get their gun rights restored. Second Amendment Lawyer Lynne Torgerson can help you along these lines. Please give her a call for representation (612) 339-5073.
Lynne Torgerson, Esq. wins gun rights restoration following judicial commitment
Gun rights restoration lawyer Lynne Torgerson won another case today in Benton County, Minnesota, thus restoring her client's Second Amendment rights to possess firearms. This case came approximately fifteen years after her client had lost his gun rights because of a judicial commitment. This type of case is less common. The law regarding restoration of gun rights following a judicial commitment is found in Minnesota Statute section 624.713.
Section 624.713, subdivision 4 of the Minnesota Statutes provides that:
(a) A person who is prohibited from possessing a firearm or ammunition under subdivision 1, due to a commitment resulting from a judicial determination that the person is mentally ill, developmentally disabled, mentally ill and dangerous, or chemically dependent, may petition a court to restore the person's ability to possess a firearm or ammunition.
(b) The court may grant the relief sought in paragraph (a) in accordance with the principles of due process if the circumstances regarding the person's disqualifying condition and the person's record and reputation are determined to be such that:
(1) the person is not likely to act in a manner that is dangerous to public safety; and
(2) the granting of relief would not be contrary to the public interest.
(c) When determining whether a person has met the requirement of paragraph (b), clause (1), the court may consider evidence from a licensed medical doctor or clinical psychologist that the person is no longer suffering from the disease or condition that caused the disability or that the disease or condition has been successfully treated for a period of three consecutive years.
Where these standards are met, then a person may get his or her gun rights restored by filing a petition in the district court, with the help of expert gun rights restoration lawyer Lynne Torgerson, Esq.
Ms. Torgerson's client met these standards and the court granted her client's petition to restore his rights to possess firearms.
Very unusual gun rights restoration win together with discharge from probation
Gun rights restoration attorney Lynne Torgerson recently achieved an amazing victory in Hennepin County District Court. Her client was on felony probation, after being convicted of a felony, terroristic threats with a firearm. The original plea agreement provided that if her client performed well on probation, that upon discharge from probation, the Court would restore his gun rights. Her client did perform exceedingly well on probation. He then brought a motion to be discharged from probation early, and, for restoration of his gun rights. The State vehemently fought the restoration of gun rights, in opposition to what he had originally been promised by the State. Ultimately, the Court ordered that Ms. Torgerson's client be discharged from probation and that his gun rights be restored. Her client recently received his permit to purchase. Bravo!
Lawyer, Lynne Torgerson, Wins Dismissal of Felon in Possession of a Firearm Case
Lawyer, Lynne Torgerson, Esq. was notified of a ruling that a motion to dismiss a charge of felon in possession of a firearm case was granted for lack of probable cause. Check out the press release for this case:
https://www.prlog.org/12632088-lynne-torgerson-criminal-defense-attorney-wins-dismissal-of-felon-in-possession-of-firearm-case.pdf">Lynne Torgerson, Criminal Defense Attorney, wins dismissal of felon in possession of a firearm case
Because of the finding of a lack of probable cause, the case must be dismissed. The threat of a five (5) year mandatory minimum prison term is also dismissed.
The facts were essentially that because Ms. Torgerson's client had prior felony convictions, the client was barred from possessing a firearm for life, under state and federal law. The facts included that a fire occurred in the attic where the client was sleeping. Client had some personal property stored in the attic. Other people also had access to the attic. The home had been inherited by the client's mother, where client and the mother lived. Years before, the grandparents had lived in the home, and the grandfather was known to own firearms. The Fire Department responded and put out the fire. During the process of putting out the fire, a good number of items were thrown around. After the fire was extinguished, a firearm wrapped in plastic was found in the attic. Client was charged with felon in possession of a firearm. Because the evidence of possession was circumstantial, and because there existed a reasonable hypothesis inconsistent with the client's guilty, after many months of litigation, the case was dismissed for lack of probable cause. Bravo Ms. Torgerson!
Our Second Amendment rights are so important. Indeed, the United States Supreme Court has recognized them as a fundamental right. The United States Supreme Court recognized and wrote that our rights to possess firearms existed before their codification in the Second Amendment to the United States Constitution.
The Second Amendment right to keep and bear arms enables a citizen, should the need ever arise, to protect self, family, and property, to protect the United States in the event of an attack, and to protect citizens from and deter governmental tyranny. This has been specifically recognized by the United States Supreme Court in the seminal case of District of Columbia v. Heller. How people actually usually use firearms is in hunting, range shooting, or target practice activities.
Did you know that in the 1600s, by statute, people were required to have a minimum amount of ammunition, and, if they did not, they were fined! This is the context in which the Second Amendment was promulgated.
The United States Supreme Court has recognized that the right to keep and bear arms is based on three (3) things. The first is our right of self defense. For example, self defense, defense of your family, your property. The second is defense of State, in the sense that if the United States was attacked, we would have men and women already armed and ready to defend our Country (a militia) before the military was dispatched. This also provides a deterrent to enemies of the United States, in that enemies are less likely to attack the mainland of the United States if everyone is armed and ready to defend our Country. The third is to defend against governmental tyranny: in other words, to defend ourselves against our own Government, in the instance of tyranny. It also helps to deter governmental tyranny. Isn’t all of that fascinating. Do they still teach this in schools? So, our rights to keep and bear arms, our Second Amendment rights, are extremely important.
Loss of gun rights and restoration
Did you know that a conviction of just a misdemeanor crime of domestic violence under federal law will give you a lifetime ban on the possession of firearms for life? Ms. Torgerson, Esq., wants to help you get your gun rights restored.
Did you know that conviction of a felony will now also cause a lifetime ban on the possession of firearms for the rest of your life? Again, want to help you get your gun rights restored.
Ms. Torgerson, gun rights restoration attorney, has helped people win the restoration of their gun rights in at least 25 different counties throughout the State of Minnesota, and at the Minnesota Court of Appeals. Not just 25 cases, but 25 different counties. Her rate of success in this area is extremely high. Ms. Torgerson would like to help you win the restoration of your gun rights as well.
Carry permits and permits to purchase
Ms. Torgerson also represents people in denials of applications for a permit to purchase, and denials of permits to carry, concealed carry, conceal and carry.
The government too often, erroneously denies people their gun rights.
Gun charges, weapons charges, representation
Ms. Torgerson, a long time criminal defense lawyer, also represents people charged with violating the gun laws. These sorts of charges can be extremely serious. for exaple, if a person has been convicted of a felony, and subsequently is found in possession of a firearm, they can be charged with the very serious offense of felon in possession of a firearm. This carries the potential sentence of a five (5) years mandatory prison term. There are also charges such as carrying a firearm without a permit, which is a gross misdemeanor. The legislature has also recently enacted laws against a person being under the influence of alcohol and carrying a firearm.
Ms. Torgerson can represent you in all these and similar cases, throughout the State of Minnesota. Ms. Torgerson loves winning cases involving the restoration of one’s rights to possess firearms, a person’s Second Amendment rights. She wants to help you too. She wants to see citizens exercise their Second Amendment rights, their rights to keep and bear arms. Ms. Torgerson has been working on cases involving constitutional rights since 1988; that’s about 29 years now! She has experience with these kinds of cases both in the cities, and out state. Ms. Torgerson had represented citizens all the way up to our northern border in International Falls, and all the way south to Freeborn and Olmsted Counties, and many cities and counties in between.
Please give Lynne Torgerson, Esq., a lawyer of excellence, a call today! (612) 339-5073!
Carry permit, carry and conceal
A number of states in the U.S., as well as the federal government, have restricted and regulated gun ownership to a great extent. Conversely, more than half of the households in America own guns. The gun rights statutes in the state of Minnesota presents the individuals with the right to carry a gun or pistol in public places, provided they have the ‘permit to carry’ license. However, there are some exceptions to this rule, and these exceptions are posed by public places with sign boards which suggest prohibition of weapons and guns in that area. In a number of counties such as Hennepin, churches have the right to ban weapons and firearms from entering their premises which includes areas such as church parking lots.
Loss of gun rights
Conviction of a criminal charge in the state of Minnesota can lead to very serious consequences, one of which is the loss of your constitutional rights such as right to vote and right to carry a concealed weapon. The Federal Gun Laws very clearly state that any individual who is convicted for crimes which led to imprisonment of one year or more, has no right to own, accept, sale, ship or transport weapons and ammunitions. A federal lifetime ban on the possession of a firearm can also follow a conviction for a misdemeanor domestic assault. There are also state law bans on possession of a firearm following a conviction of misdemeanor domestic assault, as well as other crimes, such as felonies. The primary way to lose your right to possess a firearm, under state and federal law, is a misdemeanor conviction of domestic assault, and/or, conviction of a felony.
In criminal law, weapons and guns come up in numerous different contexts. While one could be charged with a criminal offense for ‘regulation of gun rights’, and, possession of weapons and guns could lead to more dire consequences in the case of crimes such as theft and burglary. A criminal conviction or a civil court order leading to the loss of civil and property rights can also lead to the loss of gun rights.
Getting Gun Rights Restored in Minnesota
While it is a fact that getting gun rights reinstated in states like Minnesota may be difficult, an experienced Minnesota Gun Rights Attorney can certainly help you to get your gun rights reinstated through processes such as a petition to restore gun rights, expungement, restoration of rights, a pardon, and through setting aside the conviction. Ms. Torgerson has successfully handled such cases. She is ready to help you with yours.
A gun rights charge has several facets to it and a gun rights attorney with considerable experience in handling similar cases can help you get your gun rights reinstated. If you have lost your gun rights due to some unavoidable circumstance, it is highly recommended that you find a reputed Minnesota gun rights attorney as soon as possible.
A gun rights lawyer such as Lynne Torgerson can aid you in protecting your gun rights as she has over 26 years of experience in dealing with Minnesota gun rights cases. The right to possess a gun or a weapon is a very sensitive issue, and can lead to serious consequences if not dealt in the right way. It would not be wrong to say that a right approach and sensitivity plays a quintessential role in the success of such cases. Lynne Torgerson is a lawyer of repute and will help you to achieve your legal goals. Call now for legal help and assistance.
The Minnesota Supreme Court rules that a BB gun is not a firearm
In amazing and hugely important holdings, the Minnesota Courts have ruled that BB guns do not constitute a firearm. Consequently, many people convicted of the crime of felon in possession of a firearm (also known as person ineligible to possess a firearm crime), based on possession of a BB gun, will have their convictions vacated. And, if they are in prison, they will be released. This is significant because the crime of felon in possession of a firearm carries a mandatory minimum term of imprisonment of five (5) years/sixty (60) months in prison.
The Minnesota Supreme Court, in State v. Haywood, (Minn. 2016) and the Minnesota Court of Appeals, in State v. Yang, (Minn. Ct. App. 2016) have held that a bb gun is not a firearm. The reason for the Courts’ holdings is because BB guns use compressed air, rather than gunpowder or other explosive force, as a propellant. A further reason was that the term “firearm” is not defined in either statute, Minn. Stat. section 609.165 nor Minn. Stat. 624.713. This is a substantive change in the law, and, applies retroactively.
This is a significant change in the law. For essentially 40 years, people have been operating under the belief, based upon caselaw, that BB guns are firearms. State v. Haywood breaks with prior case law precedent set in State v. Seifert, (Minn. 1977), wherein the Minnesota Supreme Court held that the term “firearm” should be construed to include guns that use compressed air. This issue has been litigated for years, but the Minnesota Supreme Court never took the case.
If your case fits, Ms. Torgerson, Esq. can help you bring a request for vacation of your conviction, and release from prison. Give her a call, a criminal defense lawyer of excellence: (612) 339-5073.
Although unpublished, this is a very important case for felon in possession of firearms cases involving a constructive possession issue.
There are two (2) kinds of possession. One is actual possession, and the other, much more grey, is constructive possession. Actual possession is where a person actually possesses a firearm, holds it, carries it in one's holster, and the like. The other is constructive possession, and the legal definition is if the person can exercise dominion or control over the firearm. If so, then a jury could find one guilty of possessing a firearm. This becomes important if a person is convicted of a felony, and, say, for example, one's spouse or girlfriend has a firearm in the house, or the closet, or in the vehicle. Another example may be if a the felon goes hunting with other people who possess firearms. The question arises: does the felon constructively possess the firearm, and can he/she be charged with felon in possession of a firearm? This is a very grey area, and the question would be left up to a jury.
So, recently, in 2017, in an unpublished decision from the Minnesota Court of Appeals, a defendant appeals from his conviction for possessing a firearm. He argued that (1) the trial court erroneously instructed the jury on the element of constructive possession, and (2) the evidence was insufficient to prove that he constructively possessed the firearm. Defendant argued that the instruction was in error because the trial court's instruction eliminated the act of exercising dominion and control and reduced constructive possession to merely a mental state. The Minnesota Court of Appeals held that constructive possession does not required an act of exercising dominion and control; it required evidence that the defendant was consciously exercising dominion and control. Affirmed. State v. Owens, A16-0559, Hennepin County.
Commentary: this does not appear to be a very good case, nor very instructive. There are not enough facts provided to guide behavior. It does illustrate however that people ineligible to possess firearms must be very cautious to not be in constructive possession of a firearm. Further, it is worth pointing out, if you have violated these provisions, be certain to invoke your rights to remain silent.
Anti Second Amendment case of attorney Steven Tallen, of Tallen & Baertschi, whose partner is attorney Paul Baertschi
Attorney Steven Tallen, of Tallen & Baertschi, whose partner is Paul Baertschi, represented the plaintiff in this terrible anti Second Amendment case. In State v. Prigge, the defendant was charged with carrying a pistol while under the influence of alcohol. The pistol was located in his console of his vehicle. The Honorable Joseph Klein, of the Hennepin County District Court, in a good decision, held that having a pistol in a console did not constitute "carrying on or about the person's clothes or person" and dismissed the charge for lack of probable cause. In another wise decision, the Minnesota Court of Appeals agreed with Judge Klein. However, with Justice David Lillehaug (a deep associate of the Democrat Party), writing for the Minnesota Supreme Court, bad law was made. Justice Lillehaug latched onto the word "about," and declared that having a pistol in a console constituted carrying on or about one's clothes and reversed. Steven Tallen, long time partner of prosecuting attorney Paul Baertschi, argued that if a person has "a gun, they may shoot at you." Minnesota Lawyer, p. 7 (Feb. 26, 2018). Tallen, long time partner of attorney Paul Baertschi, certainly is not a Second Amendment supporter and again, has made very bad law. Attorney Frank Rondoni, senior partner at Minneapolis firm Chestnut Cambronne, took the same position as Tallen, stating that this anti Second Amendment case of the Minnesota Supreme Court "was very gratifying for us . . . . " Minn. Lawyer, p. 7 (Feb. 26, 2018).
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Our Gun Rights Lawyers represent clients throughout the entire State of Minnesota.
Contact Lynne Torgerson today at 612-339-5073 for your free consultation. Our law firm can help you with our qualified Weapons Charges Lawyer and gun rights restoration and carry permit appeals in Minnesota.