In Minnesota, prosecutors charge lawful weapon carriers with Felony Assault 2. And Minnesota’s Second Degree Assault crime statute allows a felony charge for assault, even with no bodily harm at all, if the defendant used a weapon. Moreover, Prosecutors enjoy implying something nefarious about that archaic word, “brandishing.” Forewarned is forearmed As a result, every… Read More »Brandishing, Assault & Self-Defense: Legal Readiness
Is it time for marijuana legalization in Minnesota? Opposing legalization is now political suicide Opposing marijuana legalization for responsible adult use is now political suicide. That might surprise some. But much has changed. Recently Gallup reported its polling on the issue: “Sixty-six percent of Americans now support legalizing marijuana.” Democracy? Bipartisan Majorities And support is bipartisan. More Democrats… Read More »Marijuana Legalization in Minnesota: the Right Way
The other day I was talking to a prosecutor. And I told him that we needed to keep my client’s public record clean. “We don’t want words like ‘marijuana,’ ‘drug paraphernalia,’ and ‘criminal conviction’ there.” And he mischievously said, “You know how he could avoid all that, don’t you? Don’t get caught.” He was joking, but like many jokes there… Read More »How to Avoid a Marijuana Arrest in a Car in Minnesota: Nine Tips
The Governor is the head of the executive branch of government; but is not a King. So, the Governor only has the powers delegated to him by law, and limited by law. Now that the Minnesota Governor “ordered” a mask mandate, with enforcement penalties, we may ask: “Is that ‘order’ lawful? Is it enforceable?” As… Read More »Why Gov’s Minnesota Mask Mandate Order Is Illegal, Unenforceable
A Minnesota felony doesn’t always impair gun rights. But many still believe that “any Minnesota felony conviction will mean a lifetime loss of gun rights.” That’s wrong. When felony probation ends, Minnesota law automatically restores gun rights, with other civil rights. At least, this is the general rule of Minnesota law. We discuss exceptions to that general rule below. The Right to Firearms The right… Read More »Felony doesn’t always impair Minnesota gun rights
“Can my rights to firearms be restored after a conviction for a misdemeanor crime of domestic violence?” Yes, you can restore gun rights after a misdemeanor domestic. But it’s complex. Once upon a time, the law stripped a person’s civil rights for a felony; but not a misdemeanor. A nice bright line. Well, not any more.… Read More »Restoring Gun Rights After a Domestic Misdemeanor in Minnesota