Southwest Minnesota Felon In Possession Defense Attorney

How Did This Become My Gun?

When a gun is found, it can feel like everyone has already decided it was yours. But what if other people had access to it? What if it was found in a car or home others used or had access to? What if they say my DNA was on it? Am I really facing a mandatory prison sentence? Together, we look closely at what actually connects you to the firearm, what the state is assuming, and what Minnesota law actually requires the state to prove.

Possession Is More Than Proximity.


Minnesota recognizes both actual and constructive possession. When a firearm is not physically on a person, the case often turns on constructive possession: whether the firearm was found in a place under that person’s exclusive control or, if other people had access, whether the surrounding evidence strongly supports that the person was consciously exercising dominion and control over it.

A firearm under a seat in a shared vehicle, inside a home where several people live, or in a bag, drawer, garage, or container can raise very different questions about knowledge and control. Who used the space? Who had access to it? Who knew the firearm was there? What was said before and after it was found? What do the video, messages, fingerprints, DNA, or other evidence actually add?

Those answers are what tell me whether the state’s possession theory actually fits the evidence.

If DNA is part of the case, I separate what the laboratory result can establish about biological material from the very different legal question of whether the evidence proves possession.

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What is considered a Felon in Possession Charge in Minnesota?

Understanding Minnesota Prohibited-Person Firearm Charges

People often use the phrase “felon in possession” for firearm charges involving a prior conviction, but Minnesota law uses a broader framework of people who are legally ineligible to possess firearms or ammunition. Under Minnesota Statute § 624.713, the exact reason a person is prohibited matters. For the common felony charge involving a prior “crime of violence,” the prior offense must fall within the statutory definition in Minn. Stat. § 624.712, subdivision 5. Not every felony conviction is treated the same way.

For a person prohibited because of a prior crime of violence, possessing a firearm or ammunition can carry a statutory maximum of 15 years in prison and a $30,000 fine. Minnesota Statute § 609.11 also provides a five-year mandatory minimum for a conviction under that category, although Minnesota law allows sentencing without that minimum in some circumstances and prohibits that departure in others. The exact prior conviction, criminal history, and sentencing posture therefore matter.

The Science & The Law: What I Look at in a Felon in Possession Case

Drawn open dresser drawer containing a handgun, scattered coins, jewelry, notebook, charger, and various small items.

Is the State Right About the Firearm Prohibition?

  • What prior conviction or adjudication is the state relying on, and does it actually create the firearm prohibition they say applies?

  • Was that prohibition still in effect on the date of the alleged offense, or is there a restoration order or another issue that changes the answer?


Can the State Actually Prove Possession?

  • Where was the firearm or ammunition found, who used or controlled that space, and who else had access to it?

  • What actually connects the person to the firearm beyond simply being nearby? Statements, messages, keys, video, fingerprints, DNA, or other evidence?

  • If the gun was found in a shared location, what evidence shows the person knew it was there and actually exercised dominion or control over it?


What Does the Forensic Evidence Actually Prove?

  • If DNA is being used to connect someone to the firearm, what does the DNA match actually mean in court? Can it tell us when the gun was touched, how the DNA got there, or who actually possessed it?

  • If the sample involves touch DNA or low-template DNA, I look at how much DNA was actually present, whether the sample is a mixture, and whether transfer, contamination, contributor-number decisions, or interpretation issues affect the conclusion.

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How I Approach a Felon in Possession Charge

What Working Together Looks Like

The Initial Intake Conversation

When you call, you will speak directly with me. When possible, I review the publicly available information about your case before we talk so the conversation can focus on what matters most to you. That may be where the firearm was found, who else was present or had access, what prior conviction the state says makes you ineligible, whether police searched a vehicle or home, whether you gave a statement, whether DNA or fingerprints are part of the case, or what happens next in court.

Clear, Predictable Flat Fees

Uncertainty is hard enough without wondering what every phone call or email will cost. I work on a transparent flat-fee basis for the defense phase. You will know my legal fee upfront. The defense phase covers my time reviewing evidence, investigating the case, communicating with you, negotiating, preparing motions, conducting legal research, appearing at motion hearings, traveling when necessary, and taking the time to understand your concerns and answer your questions. If the case proceeds to trial, there is a separate, transparent trial fee. No surprise hourly bills.

Reviewing How the State Is Proving Possession

Once retained, I obtain and review the evidence the state is using to connect you to the firearm or ammunition. Depending on the case, that may include the complaint, police reports, squad and body-camera video, search warrants and affidavits, photographs, property and evidence inventories, recorded statements, 911 or dispatch recordings, phone data, witness statements, fingerprint testing, DNA reports, and the underlying laboratory data when DNA testing is involved.

I look at each link between you and the firearm: why the state says you knew it was there, what access or control it claims you had, what other people’s access means, how the firearm was found, and what the forensic evidence actually adds. If DNA is involved, I review the underlying data and the context of the sample rather than relying only on the final report.

Further Information on Minnesota Burglary Charges

Frequently Asked Questions

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Get in Touch with a Felon In Possession Defense Attorney in Minnesota

You Know Where the Gun Was Found. I Want to Know Why The State Says It Was Yours.

Let’s look at what actually connects it to you.