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  #1  
Old 10-13-2010, 12:42 PM
z71 z71 is offline
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Default Charged Felony/Conv. Misdemeanor. Gun rights back?

Dispostion: Buglary First Degree Felony 609.582-1a
Plea:Guilty
Stay of imposition pursuant to M.S. 609.135
On pa.courts.state.mn.us it is highlighted in yellow under Amended stay of imposition "Level of sentence deemed a misdemeanor pursuant M.S. 609.13"
On the very bottom is says "felony conviction sent to Secretary of State and Restoration of Voting Rights sent to Secretary of State."
The BCA site says 1 conviction for Burglary Misdemeanor.

The question is, do I have my gun rights back? I know it says felony conviction sent to S.O.S. but obviously it's a misdemeanor.

Please help and thank you in advance!
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  #2  
Old 10-13-2010, 01:38 PM
aardvarc aardvarc is offline
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From MY read of the statute, 609.582-1(a) DOES fall under the restriction, because it's classified under "violent crime". If that's the official disposition on the case, regardless of what was actually served, then THAT will be the controlling statute, and you'll need to petition the court for restoration of firearms rights.

I agree with you that's it's rather confusing that the court appears to have disposed of your case under one statute, yet sentenced you under a different statute. But for right now, as far as the state will be concerned, the important issue is the statute of DISPOSITION. You'll want to check with the Clerk of Courts, Criminal Division, in the county or district court that heard your case, and get them to nail down for you the discrepancy in the disposition versus the sentence. If you pled down to a lower charge, that should be reflected in the sentence AND the disposition. It's possible that a clerical error occurred and only ONE of those was changed. The Clerk may have some alternate explanation, but find out for sure.
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  #3  
Old 10-13-2010, 01:55 PM
z71 z71 is offline
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Thank you very much for your input. The disposition could change. I called my lawyer and asked them to check into it. It's been a few phone calls back and forth but it seems the day they call back is the day things change on pa.courts or the BCA. It must take them calling for the state/bca sites to update.
I submitted an application for a permit to purchase just to see what my local P.D. will say but I'm worried it will be denied and wanted to see if anyone had a clue to as what's next for me and you definitely answered it.

Thanks
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  #4  
Old 10-13-2010, 02:05 PM
z71 z71 is offline
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DISPOSITIONS

Disposition (Judicial Officer: xxxxxx)
1. BURGLARY FIRST DEGREE (FELONY) (Not applicable - GOC)
Convicted

Plea (Judicial Officer: xxxxxx)
1. BURGLARY FIRST DEGREE (FELONY) (Not applicable - GOC)
Guilty

Stay of Imposition Pursuant to M.S. 609.135 (Judicial Officer: xxxxxx)
1. BURGLARY FIRST DEGREE (FELONY) (Not applicable - GOC)
(FEL) 609.582-1A.1A (CNVOFFENSE)

------------------------------------------------------------------------------------

I cleared the judges name and dates, but does it make a difference of there is no actual statue under the disposition?
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  #5  
Old 10-13-2010, 05:11 PM
z71 z71 is offline
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Aha!

624.712 Subd. 5

"Crime of violence" means: felony convictions of the following offenses:..."

Yes, Burglary 1st through 3rd is listed but it states FELONY conviction. Good thing I'm a convicted MISDEMEANOR'er
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  #6  
Old 10-14-2010, 06:24 PM
moderator moderator is offline
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Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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