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Facing Different Charges And Penalties For Possessing Or Using A Gun While Under The Influence Of Drugs Or Alcohol In Minnesota


In this article, you will learn:

  • How alcohol or drugs affect firearm charges
  • Where one may legal transport a firearm in the vehicle

If you are under the influence of drugs or alcohol and there’s a weapon present, you could face additional charges.  For example, if someone is driving or even if they’re not under the influence, they’re just driving in their vehicle, they get pulled over, and for whatever reason, law enforcement searches their vehicle and finds marijuana as well as a gun, that person could have gone from a misdemeanor possession of marijuana in a motor vehicle to a felony possession of marijuana with a presumptive prison commit because of the presence of the firearm.  So, having a firearm in the presence of any controlled substance makes that a presumptive prison sentence rather than a probationary sentence.

Additionally, if you discharge a weapon and you’re under the influence of drugs or alcohol, you’re going to likely be arrested while investigation is pursued, and it’s very possible that you could face assault or manslaughter charges, or some sort of negligence charges for discharging a weapon depending on the circumstances that that happened.

Unlawful Transportation Of A Firearm In Minnesota Explained

If you have a permit to carry a firearm, you can carry your firearm loaded on your person, or anywhere in your vehicle.  If you do not have a permit to carry a firearm in public, the firearm must be unloaded and the ammunition must be kept in a separate case from the gun itself.  So, you have to have two locations, you have to have the gun in a case, not in the driver’s compartment, and then the ammunition mut be separate.  It cannot be in the same case in order to legally transport it.

How Cases Involving Hunters Having Guns That Aren’t Registered Are Handled

These types of cases appear less frequently in cities.  What I see more so is somebody who likes to hunt, but then can’t have a firearm even for hunting because of some other conviction that prohibits them from being in possession.  So, if they have a misdemeanor domestic assault, that’s going to prohibit them from possessing a firearm.  If they have any felony conviction, it’s going to prohibit them from possessing a firearm, and then they get very upset because they can’t hunt.  Once you lose your gun rights, they’re pretty well gone.

For more information on Gun Charges In Minnesota, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (651)-964-4512 today.

Jennifer Congdon, Esq.

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