Results 1 to 21 of 21

Thread: Need lawyer...

  1. #1
    State Researcher
    Join Date
    Jan 2007
    Location
    Minnesota
    Posts
    2,350

    Need lawyer...

    Well the title is pretty self explanatory. Anyone have a recommendation for a good lawyer in MN that would enjoy an interesting firearms and civil rights related case? I have one hell of a story for y'all, but I don't want to disclose anything until I talk to a lawyer, soooo the sooner you guys give me some references, the sooner you can get the goods! :-)

  2. #2
    Regular Member rotty's Avatar
    Join Date
    Aug 2010
    Location
    Minneapolis Minnesota
    Posts
    217
    are you a member of the NRA ? and what type of suit are we talking about here ? You do not need to be specific, just a general idea would help things. I have a few good attorneys that I know of but that would depend on the type of situation.
    - Knowledge is power and there IS strength in numbers -

    "Laws that forbid the carrying of arms disarm only those who are neither inclined nor determined to commit crimes. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man."
    - Thomas Jefferson

  3. #3
    Founder's Club Member
    Join Date
    Nov 2006
    Location
    Fairfax Co., VA
    Posts
    18,766
    Heh, heh, heh. Nail 'em DreQuo.

  4. #4
    McX
    Guest
    e pluribus screw em. screw em all, screw em equally!

  5. #5
    State Researcher
    Join Date
    Jan 2007
    Location
    Minnesota
    Posts
    2,350
    Ok now don't get too excited guys...I may not even be sueing necessarily, but some legal work does need to get done. At the moment it's just a civil matter.

    Oh and no, I'm not an NRA member.
    Last edited by DreQo; 08-19-2010 at 08:37 AM.

  6. #6
    Administrator John Pierce's Avatar
    Join Date
    May 2006
    Location
    Bristol, VA
    Posts
    1,735
    Quote Originally Posted by DreQo View Post
    Well the title is pretty self explanatory. Anyone have a recommendation for a good lawyer in MN that would enjoy an interesting firearms and civil rights related case? I have one hell of a story for y'all, but I don't want to disclose anything until I talk to a lawyer, soooo the sooner you guys give me some references, the sooner you can get the goods! :-)
    Without a doubt, you want to contact Marc Berris of Segal, Roston & Berris, PLLP.

    From his bio:

    Marc is one of just a small handful of lawyers with substantial experience representing firearms owners, both in connection with the defensive use of a firearm, and in challenging denials of pistol carry permits or transferee permits. He is also an NRA-certified firearms instructor and board member of the Minnesota Association of Defensive Firearm Instructors (MADFI), a nonprofit organization created to train, certify and support firearms instructors who wish to conduct training for citizens seeking a Minnesota Permit to Carry a Pistol under the Minnesota Citizens’ Personal Protection Act of 2005.

  7. #7
    Regular Member rotty's Avatar
    Join Date
    Aug 2010
    Location
    Minneapolis Minnesota
    Posts
    217
    Well there ya go
    - Knowledge is power and there IS strength in numbers -

    "Laws that forbid the carrying of arms disarm only those who are neither inclined nor determined to commit crimes. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man."
    - Thomas Jefferson

  8. #8
    State Researcher
    Join Date
    Jan 2007
    Location
    Minnesota
    Posts
    2,350
    Ok, so I've cornered a lawyer and convinced him to help me, lol. I've been given the go ahead to let you guys in on the details. This whole situation has been frustrating, humbling, annoying, and a whole bunch of other words that I probably shouldn't use on the forum.

    Just to give you guys a little background on myself, I grew up here in Minnesota. When I turned 18 and graduated from high school, I enlisted in the Marine Corps and set off for boot camp in July of 2003. I served for four years, deployed to Iraq and Kuwait, was eventually promoted to Corporal, and never shot anything but expert on the range. I was stationed in North Carolina, and shortly after getting back from deployment I learned about open carry, joined the group, and acquired my concealed handgun permit for NC. I was honorably discharged in 2007, and ended up staying in NC for a while. I relaxed and lived by the beach, until eventually deciding to pursue a career in law enforcement. In the earlier part of 2010 I became a certified law enforcement officer in NC. Before I was able to land a job, though, I had to move back home to Minnesota. I quickly found a job in armed security, and applied for my carry permit here in Minnesota. That is when the fun began..

    You see, when I was 15 years old, I did something stupid. I negligently shot a neighbor kid with a BB air pistol. I used to say accidentally, but it was because of my stupidity and lack of safety precautions, so it was negligent. I ended up being charged with, get this, Assault with a Deadly Weapon. I was adjudicated delinquent, and spent a couple of weeks in juvenile detention for it. I was in there with kids that had beaten people to near death, stolen cars, sold drugs. Needless to say, I didn't exactly fit in.

    Anyway, I was told time and time again that once I turned 18, I could put all of it behind me, and I did. Obviously it didn't cause me any problems. I've had countless background checks in my life for the military, police, firearm purchases, and my carry permit. After over 10 years, I had all but forgotten about my stupid antics from my childhood. That is until last week.

    Like I mentioned earlier, I applied for my carry permit in MN as soon as I got my armed security job. After waiting for a week or so, I got a call from the Sheriff's office. They declined my application. Why? Because Minnesota statute 624.713 says, among other things, that anyone who has ever been convicted of any "crime of violence", in any jurisdiction, cannot possess a firearm, ever. So in a nutshell, because of a stupid mistake with a BB gun when I was 15 years old, I can't legally so much as possess a firearm in Minnesota, let alone carry one.

    Now let me say this right now. I made a mistake. I failed to follow proper safety precautions with a BB air pistol. I never have, and never will imply that I didn't do something wrong here. I paid for that mistake dearly, and learned one heck of a lesson......over 10 years ago. Since then I have been an upstanding citizen with a clean record. I have never even been in so much as a fist fight. Seriously, never. I've served my country, and my neighbors proudly. I have skillfully and responsibly handled, carried, and utilized firearms of all shapes and sizes.

    Thankfully, there is a way for me to possibly fix this. Minnesota statute 609.165 provides the means to petition the courts to have my right to possess firearms restored. That is what my plan of action is at this point. Unfortunately this has forced me to hire a lawyer, which is not cheap. This is also costing me time, which may very well cause me to lose my job. It's one heck of a mess, to say the least.

    I'll say it again, I know I made a mistake a long time ago...but it frustrates me to no end that I'm still paying for it now. I mean, what would happen if I started a poll on this website that asked how many of you have ever struck someone in anger? Got into a knock down drag out fight when you were drunk in college? Whizzed a BB into your brother's back side because he pushed you into the mud? Would all of us that answered yes deserve to have our right to possess firearms taken away? I don't think so. There are some horrible, evil, criminal people in this world that deserve any bit of punishment we can throw at 'em, but I'm not one of those people. I'm far from it.

    So that's my story, and that's the drama I'm going through. Fun stuff, huh?
    Last edited by DreQo; 08-22-2010 at 03:56 PM.

  9. #9
    Banned
    Join Date
    Jun 2006
    Location
    Washington Island, across Death's Door, Wisconsin, USA
    Posts
    9,193
    Best wishes.

  10. #10
    State Researcher
    Join Date
    Jan 2007
    Location
    Minnesota
    Posts
    2,350
    Thanks Doug! I thought about begging for hand outs on here to help with the legal costs, but I think I'm a little too proud to do it. That, and while this statute is pretty stupid and over the top, it was my mistake that originally put me in this mess.

    Ironically enough, the many firearms that I own, and which I currently can't possess because of the statute, are still helping me indirectly. My lawyer, an avid gun guy himself, accepted a few of my guns as collateral until I could make my payments to him :-). See, guns are very versatile tools! lol

  11. #11
    Regular Member Gunslinger's Avatar
    Join Date
    Mar 2008
    Location
    Free, Colorado, USA
    Posts
    3,855
    Ask the lawyer if there are things you can do to reduce his billable hours. Generally, there is a lot of grunt work in petitioning a court, delivery, making copies, getting your records, talking to the Clerk, etc. May be able to save a few bucks.
    Motions for expungement are generally easy to do, pro se. Not sure about MN process here, however. The expungement would be in the state your Juvie record resides. I would say you have an excellent change of the motion being granted and should do this anyway, MN activity notwithstanding. You have made up for a stupid, kid mistake, and the court will look at that and your service to our country in the best light of your motion. Good luck!

  12. #12
    Campaign Veteran
    Join Date
    Jan 2010
    Location
    Thornton, Colorado, USA
    Posts
    136
    Good luck with this. I had almost the exact same thing happen to me here in Colorado, where I have lived almost my entire life. I had purchased many firearms in the past (of course, this was before the tragic boating accident) and never had any issues. I once went to buy a new pistol and was declined. When I got the denial letter in the mail it was for something I had been adjuicated for when I was 15 years old....in 1980. At this point my permit became null and void, and all of a sudden I could not own firearms. In Colorado I was able to also petition the courts to have the records expunged, which I did. Luckily for me there is a process to do all this on your own and no lawyers are involved.
    I am curious (I will go read the statute) if the statute restores your rights to own firearms, or is an entire expungement of the juvenile records......

    Again, good luck!!

    Edit: You might also have your attorney look into 609A.01 as well.

    found a few more statutes to look at as well.....
    Expungement

    Juvenile offenders, 13.82, 260B.198, 260B.225, 609A.03

    Juvenile petty offenders, 260B.235
    Last edited by luv_jeeps; 08-24-2010 at 12:47 PM.

  13. #13
    State Researcher
    Join Date
    Jan 2007
    Location
    Minnesota
    Posts
    2,350
    The main thing we're looking at right now is restoring my right to possess firearms. Expungement would be a different, probably more time consuming process. My lawyer has been very gracious with his fees already, but I'm also glad to have this guy. Most of the lawyers I contacted knew less about the law than I did. This guy, on the other hand, is already very familiar with firearms law in general, and has dealt with the same exact statute in the past. If things turn out well, he will have been well worth the money.

    I have to get this rights crap dealt with first, or I wont have a job lol. I'll deal with the expungement later.

  14. #14
    Regular Member Gunslinger's Avatar
    Join Date
    Mar 2008
    Location
    Free, Colorado, USA
    Posts
    3,855
    Expungement is an easy process in most states and can be done pro se, as I said. Generally, the Clerk of the Court has a specific form for the motion and the costs to file are very low. Usually, you don't even need to appear in court. Do it in your own time, but I strongly suggest you don't underestimate the downstream hazards of not doing it. You've seen some already.

  15. #15
    Regular Member
    Join Date
    Jun 2008
    Location
    Alabama, ,
    Posts
    1,338
    Don't you just miss the good old days when they didn't have the mark of the beast to track you with as a juvy. I pity the current generation where they track you from birth.

    Now that they tagged you there, I wonder what happens to checks if you move back out of the state?
    Did they forward the info up to the feds to have you blocked nation wide?
    If you ever go back into law enforcement, run yourself some slow night. If you pull over the shootee could he use witness tampering/intimidation to get out of the ticket? "The cop shot me your honor! He obviously hates me for some reason." One thing judges love is a new angle to break the boredom of another batch of dummies with lousy excuses. And that situation probably comes up only once in three lifetimes.

    Best of luck with getting the establishment straightened out.

  16. #16
    Regular Member
    Join Date
    Sep 2010
    Location
    Minnesota
    Posts
    7
    DreQo, I went through the very same thing. I recieved my 2nd ammendment rights back (relief from disabilities) this last spring. I was convicted of a felony in 1978. First an expungment will not automatically return your rights to you. An expungment order in Minn is required to have a lifetime firearms restriction included. You may then petition the courts for your " relief of disabilities " You may be able to file for your "relief" without the expungment first but I dont know that for sure. I recieved my expungment in Nov of 09 and then recieved my "relief of diabilities" 7 months later so it does take awhile. about a year and a half in total time. I hope to obtain a permit to carry sometime in the future as well. hope this helps.

  17. #17
    State Researcher
    Join Date
    Jan 2007
    Location
    Minnesota
    Posts
    2,350

    success!

    Well, last Friday I went to court and stood in front of a judge in, get this, juvenile court, since it was a juvenile record being addressed. Boy did the woman up front look at my lawyer and me funny when my lawyer said "yeah, this is him right here!". The county attorney did most of the talking, commending me for my service record and over all admirable life choices. She declined to protest my petition, and advised the judge to grant my request. My lawyer didn't have to say a thing. The judge stated that prior to this case, he had no clue the statute even existed, and saw no reason NOT to grant my request. So I now officially have my right to possess a firearm BACK!

    Now I just have to see how the Sheriff's office is going to react. Hopefully, with the signed order in hand, they'll simply approve my previously denied application and get my permit out to me. Worst case scenario they make me reapply, spend another $100, and wait another 30 days, which would really piss me off. Hopefully we don't have to go down that road.

    As far as expungement and all that mess goes, here's the deal. I got this done in a little over 2 weeks. An expungement takes, at minimum, 63 days, since everyone involved has to be given 60 days notice, plus 3 days mailing time. I would have definitely lost my job by then. Besides, an expungement probably wouldn't do me a lick of good. According to federal law, I'm free as a bird. This whole mess was strictly state level, and it ONLY effected my ability to possess a firearm IN Minnesota. It obviously hasn't effected my ability to get a job anywhere.

    Anyway I've never been more fed up with all these laws that restrict my rights. The amount of money I just had to spend to deal with a law that, constitutionally speaking, shouldn't exist in the first place is just sickening. I wish I had someone to sue for it, but it's the idiotic masses that have let things get as far out of wack as they have. I wonder if I can file a suit against "the idiotic masses"? :-)

  18. #18
    Regular Member rotty's Avatar
    Join Date
    Aug 2010
    Location
    Minneapolis Minnesota
    Posts
    217

    Congratulations !

    I can only imagine the feeling of relief that you have right now. WELL DONE sir !

    You should consider joining a few of us for coffee in Lakeville tonight if you have the time.
    - Knowledge is power and there IS strength in numbers -

    "Laws that forbid the carrying of arms disarm only those who are neither inclined nor determined to commit crimes. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man."
    - Thomas Jefferson

  19. #19
    Regular Member francis's Avatar
    Join Date
    Nov 2010
    Location
    Brighton MI
    Posts
    7
    good to hear that you beet the system as far as your rights go to posses a firearm.
    makes me feel all that much better that there is another person on the street that can protect themselves and others from criminals who are going to carry weather they are breaking the law or not and will kill us the first chance they get to commit there next crime.


    congrats to you for your fight and win!!!!
    Last edited by francis; 11-02-2010 at 12:36 PM.

  20. #20
    Regular Member darkego's Avatar
    Join Date
    Nov 2010
    Location
    Minnesota
    Posts
    11
    Just read this whole thread from start to finish and... Congratulations! From the sound of it, the merit of your service is more then enough to make up for a BB indecent when you were a child. Yes its a big deal but there is a juvenile focused legal system for a reason, kids do dumb things.

    Hopefully this is behind you now, for good. And, lets face it, it makes one hell of a story. And again, congratulations.

  21. #21
    Regular Member sudden valley gunner's Avatar
    Join Date
    Dec 2008
    Location
    Whatcom County
    Posts
    17,338
    Congrats!!! And thanks for your service.

    Keep us updated with how it goes at the Sheriff's office.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •