Minneapolis Criminal Defense Attorney Thomas C Gallagher does not handle cases relating to denials of gun purchase or carry permits. Gallagher is a true believer in Liberty for the individual, including the right to own, possess and use firearms. And of course some of his criminal defense cases involve a firearm or other weapon somewhere in the picture. Far more of his cases involve a person's sacred civil rights to firearms hanging in the balance.
The right to self-defense, of the individual and of the community, originates back in the mists of time, before the beginning of history itself. This natural law and basic human right cannot be denied.
The legal basis for the individual's civil rights to firearms has a solid foundation in the Bill of Rights of the United States Constitution - the supreme law of the land. Any other law or statute found by the courts to be in contradiction to the Second Amendment will be struck down as void.
Yet every sacred legal right has its limitations. The most extreme example of this is the death penalty for crimes or treason. What legal right could be more sacred than the right to one's life? Even that right can be limited by the laws to some reasonable extent, the courts tell us.
The sacred legal right to own, possess, and use firearms is subject to reasonable limitation as well. The courts won't strike down the political will if the limitation on a fundamental right is viewed as reasonable.
Minnesota Gun Carry Permit Holders must pass a criminal history background check and a safety skill training course in order to get and maintain their right to their carry permit. This training includes some education about applicable laws. Here is a brief discussion of some the relevant Minnesota statutes, with links.
Minnesota Statutes §624.714 addresses when a pistol carry permit is required, when it is not required, how to get one, limitations on rights or permit holders, and criminal penalties for violations. It includes limitations on legal rights to pistols based upon criminal convictions and offender registration status as well.
Minnesota Statutes §624.7142 "Carrying While Under Influence of Alcohol or Controlled Substance." The arbitrary legal limtit for alcohol concentration is set at 0.04. Carrying with 0.04 or higher alcohol concentration is defined as a misdemeanor crime.
Minnesota Statutes §624.7142 addresses chemical testing for person who have carried a pistol in a public place. If the stautory preconditions exist, a police officer can demand submission to chemical testing. Refusal can be met with a civil penalty of $500 and a one year revocation of permit.
Serving The People of the local Mpls - St PaulTwin Cities metropolitan area in Hennepin County, Ramsey County, Anoka, Sherburne, Wright, Carver, Scott, Dakota, and Washington Counties (greater Minnesota only upon special consideration).