Mn Permit to Carry complicated question

[matchset]

3 buddies my dad and i are planning on taking the Minnesota permit to carry class. well, one buddy has a "record" ...

not knowing who to ask, we turn to you all...

5 years ago, he was arrested for 2 felony's, and 5th degree assault (domestic).

being young, and no previous record, the judge gave him Probation for a year and ordered him to take a class and with a stay of ajudication (or however you spell that)

both felony charges were dropped, and the 5th degree assault remained, but he NEVER was "convicted"....

p.s. the judge said he didn't want to ruin his hunting career, and even mentioned that he could still rifle hunt...

can he take the class with us and legally own/carry a pistol or no???

[troutkingmaster]

I think a lot of it will depend on the County Sheriff. It is a definite gray area. My advice to him would be to meet with a Pro-gun attorney and see what he says. My guess is that either way he may need an attorney since there is a chance he may get denied the permit and need to appeal the denial.

Also, a good first step may be for him to apply for a permit to purchase a pistol. It is free and should tell you whether he is legally able to own a handgun

[Loose]

He pled guilty to the 5th degree assault in turn the felonies got dropped since he stayed out of trouble.

You will have to do a internet search to see how the 5th degree assault affects your gun rights. For some reason a year is stuck in my head though.

[Loose]

I think a lot of it will depend on the County Sheriff. It is a definite gray area. My advice to him would be to meet with a Pro-gun attorney and see what he says. My guess is that either way he may need an attorney since there is a chance he may get denied the permit and need to appeal the denial.

Also, a good first step may be for him to apply for a permit to purchase a pistol. It is free and should tell you whether he is legally able to own a handgun

No grey area if you can buy a handgun you can carry one. They took the opinion away from the sherrif when we went to shall issue.

[DEADhead]

read the application rules from the Permit Form. From what you said about your buddy's prior history, my guess is that he will be denied; the domestic charge is the big no no here. I would still check with your local sheriff/PD office and see what they say, as it will be ultimately be up to them to approve or deny the application, but it doesn't look promising.

[matchset]

thanks for all the input guys!

[matchset]

i just read this.....

"a person is not entitled to possess a pistol if the person has been convicted after August 1, 1992, of assault in the fifth degree if the offense was committed within three years of a previous conviction under sections 609.221 to 609.224, unless three years have elapsed from the date of conviction and, during that time, the person has not been convicted of any other violation of section 609.224."

correct me if i'm wrong... but if there was no conviction in the previous three years, or in three years past.... then the person may possess a pistol.

[hockeybc69]

Have him call the local law enforcement to find out. You are just getting opinions here....

I do not mean to be brash about it, but you(or him) can get your hopes up hearing from opinoins on here and end up disappointed in the end.

Call the people that issue the permits and get their take on this.

[CJH]

correct me if i'm wrong... but if there was no conviction in the previous three years, or in three years past.... then the person may possess a pistol.

Did he plead guilty? If so.........

[paul pachowicz]

Simple. Take a copy of the court procedures to who ever has the issuing authority for review. You can not rely on "A guy on the internet said".

[Buckhunt]

So I have a little experience from what I went through with a friend of mine:

We both took a MN class a couple years ago that offered an add on portion to obtain the Utah CC permit. I was more interested in this as it is a bit more difficult to obtain (harder background check) and therefore more states honor it with reciprocity. My buddy opted for the MN version only as he does not travel west hunting like I do and for the fact that the MN CC permit also acts as a permit to purchase. He lived in Ramsey county at the time and after the class his permit was denied because of his "less than clean" background. From the extensive research I helped him with, it is entirely up to the County authorities on what they determine as acceptable for one to have a CC permit. We found out that Ramsey County is one of the most difficult counties to obtain the permit if any blemishes are on your record. Our instuctor offered to let my buddy sit in on the additional Utah class the next week and he sent of his app and was accepted through what was supposed to be a more stringent check.

I guess the moral of the story is each county will be different on what they will allow and from our experiences there is only one way to find out. You can ask all you what beforehand but that does not mean they have to keep their word. If he does have trouble, there are lots of good instructors,lawyers and such out there who will be more than happy to give some advice.

With that, I thought the class was extremely worthwile and would recommend anyone interested in taking it even if they don't intend to carry regularly.

[Crm7290]

Do you have to be a Mn resident to take the class?

[Loose]

Odds are if he would have went in front of the judge it would have been granted, the stipulations are the same state wide not county to county.

I thought about doing Utah too, but didn't think I would get it, cause they look at whiskey tickets too.

[elkhuntingfan]

A stay of adjudication means the judge did not accept the guilty plea. If your buddy screwed up during that one year of probation, the guilty plea would've been entered on the record. If he made it theyear without screwing up, the charges were automatically dropped. Although the charges will show up on his record, he won't have a conviction. His record is clean.

[remington 300]

matchset, did you get an answer yet?if not i know a guy whos a certified instuctor for the c/c classes i can give you his # and he will more than likley answer your question, and depending on were your located could probably take the classes through him, respond here if interested.

mike.

[matchset]

put in the application yesterday... the cop shop said that if he was being truthful...then he should have no problem gettin his permit to purchas.... but they will look for discrepancies

we've hashed it over a thousand times.... 3 charges, 2 dropped. entered in to a guilty plea for Mn Stat. 609.224, and was given a stay of ajudication and a year probation.

no same/similar offense has happened since then. thus, in theory, the record should be clean... ?

[LightningBG]

I think you should be fine.

From: mncourts.gov

Continuance for Dismissal / Stay of Adjudication. Under continuance for dismissal or stay of adjudication, the defendant may or may not enter a guilty plea, but in either case, the court will not enter a final judgment of guilt. Following the stay, either the case is dismissed, in which case there is no sentence level, or a sentence is imposed, in which case the sentence level is determined according to rules set forth in part A.

[matchset]

matchset, did you get an answer yet?

Got it this afternoon!

now we all know everything went A-OK!

[farmallnutz]

Have a hard time believing you obtained it in 6 days, what county? I will apply there!

[Loose]

Sheriff must have been board having it to you in six days!

[hunterpete]

I live in sibley county and mine came in the mail in 7days

[Tator2k]

I had my renewal within a week and I live in Dakota Co.

[TR21HP]

I received my permit to purchase in 3 days in Anoka County. My Carry in 2 weeks.

[morefishplease]

Matchset, just curious but was your friend able to purchase a firearm then?

[Tator2k]

TR21HP why are you getting both? Carry Permit does the same thing for the 5 years?