Results

Kelly’s client retained her after his attempted firearm purchases were denied by the federal government due to a 1993 conviction for misdemeanor domestic assault. While most denials of this type are the result of the failure of the old Minnesota statute to specify between ‘fear’ and ‘harm’, the latter of which leads to a lifetime firearm prohibition under federal law, a review of the underlying documentation in this case revealed that the denial was incorrect for another reason. Specifically, the alleged victim in the case was not a protected person under federal law,  with the result that the denial was incorrect on that basis. The client was then able to use this information to legally purchase firearms and apply for gun permits.

Kelly’s client called her unsure why his gun purchases were being denied. Kelly reviewed a previous conviction in Ramsey County for solicitation and found language incorrectly suggesting his offense was a crime of violence subjecting her client to a lifetime prohibition on possessing firearms. She also found problems with the discharge date. After numerous correspondence with the court, the Minnesota Bureau of Criminal Apprehension and other parties, Kelly was able to fix the incorrect language and the discharge date, restoring her client’s firearm rights.

Kelly Keegan’s client retained her after having a gun purchase denied due to a 2003 conviction of Felony Theft of a Motor Vehicle in Ramsey County. As this charge was considered a crime of violence under Minnesota State law at the time her client committed the offense and went through court, he became subject to a lifetime ban on possessing firearms. Although the Minnesota Supreme Court determined in 2020 that the Minnesota Legislature intended through subsequent amendments to the law to remove this offense from the list of crimes of violence, a judicial order was still needed to update Federal records. Kelly was able to obtain the appropriate paperwork showing her client’s rights were restored and then pave the way with the federal government National Instant Criminal Background Check System (NICS) so her client can purchase firearms without denial or delay.

Kelly Keegan’s client came to her after the Hennepin County Sheriff revoked his permit to carry as the result of a petty misdemeanor conviction for possession of a small amount of marijuana, claiming her client was a “habitual user of controlled substances.” Kelly examined the issue and determined the Sheriff’s actions were incorrect, as the only possible basis for the revocation under applicable law would be ‘use’, not ‘possession’ of a small amount of marijuana. She then sent a letter to the Sheriff setting forth these conclusions and demanding that the permit be reissued to her client. The Sheriff agreed, reissuing the permit so that Kelly’s client can once again lawfully carry a firearm.

Kelly’s client was convicted in 2000 of Felony Fifth Degree Possession in Morrison County after a sheriff’s deputy discovered eight ounces of marijuana in his car following a stop for dark window tint. Over time, the lifetime firearm ban that resulted increasingly bothered her client, who wished to go to the shooting range with his brothers and shoot skeet. He felt particularly bad that his felony conviction affected his wife, who wished to obtain a gun but couldn’t keep it in the house due to fears about constructive possession. Kelly convinced the judge that her client had rehabilitated, pointing to his stable employment history with Delta Airlines and the fact he was given special security clearances that showed he was not a public safety threat, his long-time marriage to his wife and their support for their two special needs daughters, and the fact that this was his only criminal conviction.