Skip to main content

Why would the county attorney 17 yrs after being charged under EJJ in MN now say I cannot own firearms? Been FBI cleared in past

Minneapolis, MN |

I was 17 years old when charged under EJJ, I believe the first in the state. Now 17 years later the cty attorney says I can't and they made a mistake before or something. I thought as stated in 260B.171 records were only kept till age 28. I was told when I finish probation my record would be cleared. Completed 5 yrs probation in only 9 months, should have been clear. Been buying firearms for 15 years now with no problems or mention. County sheriff just accused me of something I had nothing to do with and seem as if they may be trying to save face. No problems for 17 yrs and now a trumped up charge in another county and this EJJ nonsense. I don't understand how they mess up and now trying to make me look bad. Looking for thoughts or suggestions please, civil rights I feel are being violated

Attorney Answers 3

Posted

If you were convicted of a crime of violence as an EJJ, you would be ineligible to possess a firearm under current law (M.S. 624.713). The good news is that you have a lot of possible remedies to this situation. First, you can explore a juvenile expungement or return of your records (which you have already looked into it seems). You can also petition the court for restoration of your firearm rights.

Give me a call if you want to further discuss your options, 612-223-7286

Mark as helpful

1 lawyer agrees

Posted

There is a possibility of petitioning the court to restore your civil rights, which includes your right to possess a firearm. Its a process that involves a lot of paperwork and typically takes about 4 -5 months to complete. You can do this on your own or hire an attorney to assist and represent you.

I hope you find this information helpful and feel free to contact me if you have any further questions. I wish you the best of luck.

Mark as helpful

1 lawyer agrees

2 comments

Asker

Posted

I was wondering why this would come up now 17 years later. If I'm reading this law lingo correctly statute 624.713 Subd. 3 the lifetime ban shouldn't have affected anyone charged under EJJ before the amendments of 2002 were established??? Maybe ?? I don't know......

Andrew M. Leone

Andrew M. Leone

Posted

That may be the case, I would have to do a little research on the statute. However, even if that were the case, I think you would still have to go through the courts with a petition to restore your civil rights.......although it may be a much easier battle if you are correct.

Posted

I would meet with a criminal attorney in person. You can find on one AVVO.

Good luck.

AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I provide are for general information only and are NOT INTENDED AS LEGAL ADVICE and therefore must not be relied upon. Legal advice must be based on the interaction between an attorney and client and specific exact facts and the law. I do not retain clients without a signed RETAINER AGREEMENT. The Avvo forum does not allow for the discussion and the interaction necessary to form a complete legal analysis. Therefore the answers given to any specific question would most likely be different if there was attorney-client interaction. The exchange of information through this forum does not establish such an attorney client relationship. An attorney-client relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged nor are they confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and statutory time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in the answers to any question, if you are an interested party you should promptly and personally consult with an qualified attorney for legal advice licensed in the proper jurisdiction. Finally, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

Mark as helpful

Juvenile law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics