Legal Question in Criminal Law in Minnesota

I received a stay of adjudication on a felony offense (criminal damage to property) in Minnesota, and the charge was dismissed upon completion of probation. As part of the original plea bargain and subsequent sentencing my rights to possess firearms and ammunition were left intact to allow my continued service in the military. The probation discharge paperwork states, "[...Probationer] shall not incur any of the disqualifications or disabilities imposed by law for conviction of crime except those imposed by the Federal Gun Control Act." Does this imply that my rights for possession of firearms / ammunition are being revoked, or does it simply mean that the status of my rights in that regard is not being altered as part of the discharge? (i.e. I would still retain them since they were specifically not revoked at the original sentencing.)

Asked on 8/22/09, 5:19 am

1 Answer from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

First, a State ruling can never modify federal law or your rights under federal law.

Second, the notice you receievd is a form that generally states that federal Gun Laws may apply. If they didn't affect you before, they will not impact you presently.

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Answered on 8/27/09, 11:10 am

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