possion of firearm by felony
I am a felon for 25 years ago and my newphew wanted a new gun. so I went to the pawn shop with him he took the gun in and sold it but need a 21 y//0 to sign for money which I did and was arrested. the justice court dismissed the charge and the city prosucuter arrested me again. can they do this
Asked on 7/28/08, 10:09 pm
1 Answer from Attorneys
Thomas C. Gallagher
Gallagher Criminal Defense
Re: possession of firearm by felon
It is not unusual for a city attorney to prosecute a misdemeanor case after a county attorney has considered then declined to prosecute as a felony. So, yes, they can do that in Minnesota.
As for the underlying Minnesota crime itself, based upon the facts you assert here, it seems questionable whether you were in possession of a gun; and, whether your civil rights to firearms were not restored by operation of Minnesota law. These may be among the questions your defense lawyer will explore.
Answered on 7/29/08, 7:39 pm
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