What types of crimes are considered “Crimes of Violence”?
Crimes of violence include felony offenses involving the commission or attempt of the following (Minn. Stat. §624.712, subdivision 5):
Murder, manslaughter, assault, or encouraging suicide; Using drugs that poison, stupefy, overpower, or numb to injure or make a crime easier (Minn. Stat. §609.235); Robbery, and 1st-3rd degree burglary; Stealing an automobile, weapon, controlled substance, explosive, or incendiary device; Soliciting, promoting, or indulging in sexual trafficking or prostitution (Minn. Stat. §609.322); Criminal Sexual Conduct in the 1st through 3rd degrees (the degrees are determined by the age of the victim, relative age of the actor, and the acts committed); Owning, possessing, or operating a machine gun or short-barreled shotgun unlawfully; Gang violence, drive-by shootings, and shooting at transit vehicles; Neglecting or endangering a child; Committing crimes with a bulletproof vest; and Rioting, making terroristic threats, stalking, or arson.
Do Crimes of Violence affect the right to bear arms?
Yes. Crimes of Violence may prohibit you from purchasing or carrying firearms for the rest of your life. If the Crime of Violence occurred after August 1, 1993, the prohibition applies.
All owners of firearms, which are not ornaments or antiques (Minn. Stat. §627.715), are required to have a permit. (Minn. Stat. §627.714) Failure to have a permit is an enhanceable offense, meaning it gets worse if committed repeatedly. It is at first a gross misdemeanor, then a felony. These laws do not regulate hunting rifles and shotguns, nor add roadblocks when purchasing pistols and semi-automatic rifles (Minn. Stat. §624.711). However, they supercede municipal and county regulations of pistols.
Restoration of gun rights is possible under Minn. Stat. §609.165 by showing good cause and rehabilitation in front of a court. If denied, refilling must wait for a period of at least three years.
Can I resist a Crime of Violence?
Yes. You may even kill in response, under VERY specific circumstances. The court will find self defense (Minn. Stat. §609.065), only if you can prove:
- You were in reasonable fear of serious injury or death; and
- You acted to prevent that harm on yourself; or
- You acted to stop a felony on your own property.
In violent crime commission, the risk of loss, injury, or death is assumed. So the perpetrator cannot sue you for civil damages if the actions were reasonable (Minn. Stat. §609.06). You would not have to pay money for the criminal’s injuries. A reasonable action can be restraining or preventing the escape of a criminal lawfully charged of a crime, resisting (or assisting the resistance of) the trespass of legally-owned property, or preventing the crime’s commission against you or a fellow person.
What if I’m accused for a Crime of Violence?
Look for an experienced criminal defense lawyer who will provide a confidential and thorough consultation. A consultation session will identify the charges, the appropriate statutes, short and long term consequences, and estimate the length of time to defend you in court.