Thomas C. Gallagher, a Minnesota Gun Crimes Defense Attorney, presented a gun law Continuing Legal Education course, on November 10, 2018 . He explained gun law to 50 of the best defense lawyers in Minnesota; the Minnesota Society for Criminal Justice. And the course took place at the Hennepin County Government Center in Minneapolis.
Restoring Gun Rights After “Misdemeanor Crime of Domestic Violence” Conviction
Attorney Thomas Gallagher covered: “How to Restore Gun Rights After a Misdemeanor Domestic Crime Conviction in Minnesota.” And this gun law course included:
- Can I get my rights to firearms back after a conviction for a “misdemeanor crime of domestic violence?”
- Felony vs Misdemeanor
- “Violence Against Women Act,” a/k/a “the Lautenberg Amendment”
- Federal gun law definition of “misdemeanor crime of domestic violence”
- Federal definition is narrower than Minnesota’s definition
- One: Requires element of physical force or a deadly weapon — lacking in most Minnesota cases
- Two: Federal relationship element narrower than Minnesota’s relationship definition
- Three: Due process protection qualifiers exclude cases; including where vindication of the right to counsel lacking, or less than adequate factual basis
- And, Minnesota’s three-year ban and automatic restoration
- So, the federal gun law respects states’ power to decide
- The federal law’s three pathways to full civil rights
- One: “expungement” or set aside of conviction
- Two: Pardon
- Three: Civil rights restoration (law of the jurisdiction)
- And, the best remedies for restoration of civil rights to firearms after a Minnesota misdemeanor domestic crime conviction
And if you are a lawyer, or a person with a question about guns and criminal law in Minnesota; call gun law Attorney Thomas Gallagher, 612 333-1500.
Other articles on Gun Law
How to Restore Gun Rights After Misdemeanor Domestic Conviction in Minnesota
Felony doesn’t always impair Minnesota gun rights
Gun With No Serial Number (privately made firearm)