Case Blog: State v. Craig

Case Blog: State v. Craig

You should always be careful when in possession of a firearm.  But if you have a conviction on your record, especially a felony charge, you should ensure that your firearm rights have been reinstated (this must be done by additional court order, not simply completion of probation).

A10-1938        State of Minnesota, Respondent, vs. Andrew Anthony Craig, Appellant.

Court of Appeals.

1.   The Second Amendment to the United States Constitution protects the rights of law-abiding, responsible citizens to possess a handgun in the home for the purpose of self-defense, and is fully applicable to the State of Minnesota.  But the Second Amendment right is not unlimited and the scope of the right is subject to certain presumptively lawful exceptions.
2.   Felon-dispossession statutes, which prohibit felons from possessing firearms, are presumptively lawful because felons fall outside the scope of the Second Amendment’s protection.  But a particular felon may assert an as-applied Second Amendment challenge to a felon-dispossession statute by presenting facts that distinguish his or her conviction from the convictions of other felons who are categorically unprotected by the Second Amendment as historically understood.
3.   Because appellant has failed to present facts distinguishing his felony conviction of fifth-degree possession of a controlled substance from the convictions of other felons who are categorically unprotected by the Second Amendment as historically understood, Minn. Stat. § 624.713, subd. 1(2) (2012), which prohibits a person previously convicted of a “crime of violence” from possessing a firearm, does not violate the Second Amendment as applied to appellant.

Affirmed.  Justice Christopher J. Dietzen.
Took no part, Justice Wilhelmina M. Wright.

By: Landon J. Ascheman, Esq.
Landon@AschemanSmith.com
(B) 612.217.0077 (C) 651.280.9533 (F) 651.344.0700

 

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