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SmithEsq
SmithEsq, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 114
Experience:  Experienced practicing criminal lawyer ready to answer your questions regarding charges, laws, bail and more.
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I was convicted of terroristic threats felony in minnesota

Resolved Question:

I was convicted of terroristic threats felony in minnesota no weapon was used in crime. I want to now move to a state where my gun rights are restored I know montana one state where my rights would be restored but i'd like to move to wisconsin and have all my gun rights returned I'm a hunter and its something I want to teach my children and I love to target shoot for fun and competition so question is can i move to wis and resume hunting I haven't been on probation or any trouble in over seven yrs
Submitted: 2 years ago.
Category: Criminal Law
Expert:  SmithEsq replied 2 years ago.

SmithEsq : Hello, before I can help you I need some information. We're you charged under the state laws or federally?
SmithEsq : Finally, what was the actual conviction? (charge, degree, any ther pertinent info)
SmithEsq : If its alright I would like to do some research on this issue before I can give you an answer. As you are aware, convicted felons are generally not permitted to purchase firearms. There are exceptions, however, in many states. Would it be alright if I look into this a bit further so as to be a bit more specific?
Customer:

State laws terroristic threats I banged on basement window had been drinking cussing out a guy whos but I wanted to kick but I went to wrong house happened to be a fairmont police officers house so the made a really big deal outta it but I had no weapons just said alot of butt kickin cussing I believe its just state because someone called me in when I went to montana to shooting school the cops and atf showed up and since I transported no guns from minn just rented guns there I broke no laws montana cops said in there state I was free and clear after off probation 7 yrs ago

Customer:

Yes I'll give you full name and ssn

Customer:

Jason Vincent Hill SSN XXX-XX-XXXX DL is minnesota S079152572516 This is so important to me I want to move to wis in sept I'm a 100 percent disabled combat vet I hate that after fighting for this country against terrorists they put this on me i hurt nobody other than the swear words they heard that night hunting is a food source for us living on disability income plus its somthing I want to pass down to my kids I'm not asking to buy a tank just shot guns black powder your reg hunting stuff Plz Plz Plz tell me where I can move other than just montana cause my kids in minn so wis being next door work great cause i'm going to be runing sled dogs also so thank you so much whoever you are !!!!!!

Customer:

The worst part of it was one week before that day found my best friend dead and the day I got in trouble was the day i buried him and the guy I was chasing Matt Bau is a meth dealer who left with my meth head ex wife and I hate meth and everything about it and I thought they were going todo meth around my kids thats why I got mad a mix of alot of booze maybe alittle jealousy and throw in a meth dealer and thats how I ended up with charge the people or daughter at the house and her husband well her dad best buds with judge and the first words outta judges mouth was he would have shot me so I had no chance at fair trial or ruling so I gotta move to some woods retire peacefully so thx

SmithEsq : When we are able to chat again I'd like to discuss with you some options possibly open to you but I need a little more information. For example, in Minnesota, when you were charged, did they assess you as a veteran and do a psychological assessment, as required under their statutes? There are provisions for getting your rights back if you were found mentally I'll, for example. There are other was to address the court for relief, but I noticed that particular statute and wondered if they propErly gave you your assessment prior to your proceedings.
Customer:

No they did nothing having todo with my veteran status they pretty much rail roaded me Iam 100 percent disabled for PTSD but I wouldn't want them setting me up as crazy and I could never own a gun anywhere. But they gave me no assesment one day even our reg judge was gone so another judge sat in he looked at my paper work said they had it so messed up he couldn't go ahead with anything. Also the judge and the officer good friends I've always felt that they gave me the worst charge they could as a favor between each other

Customer:

wht times are you on chat ?

Customer:

its been so many yrs past is there anyway to get mistrial so i can retire up north in minn like ive planned forever ? Iam poor tho live off disability

Customer:

I usually cant chat till after 3 pm central time

Customer:

Whoever you are I want to say thank you ! Your like an angel found hidden on internet thank you so much you give me hope !

SmithEsq : Hi, I wanted to touch base to et you know I haven't forgotten you! honestly, in Minnesota, if your right to possess firearms is due to a crime for which or dent which they found you were mentally ill or drug addicted, it s easier to edition to court there fr what's called a certificate f relief from civil disabilities.' in this petition, te statute says, yours long as you meet certain requirements, you explain why it is a hardship for you not to have this right (ths is where you seem to gave the strongest argument), As well as other things the court wants to hear in order to grant you that certificate. Next, we would need to see if other dates would honor that relief from civil disabilities if it were granted (more likely I think tan just petitioning a foreign court. This petition to Minnesota would be your first step. There are no guarantees you will qualify for it but it's something, nd it's a lot better than settling for the penalty and trying to find a jus diction that will accommodate you.
SmithEsq : Sorry for typos: it should read "ths easier to petition the court for a "Certificate of Relef from Civil Disabilities"
SmithEsq : Major typo 2) "we want to see if other states would honor this relief certificate" which is better than seeking out any foreign jurisdiction that will have you. We would like you to have say in the matter. You might consider contacting the appeals department of your lawyer or public defender regarding the veteran assessment issue. This assessment could be important. While your time may be up to appeal, this could help your petition. But you should check with the lawyer on the case.
SmithEsq : Please accept my answer when you are satisfied with a positive rating. Follow up questions are okay. We are slightly limited how detailed we can get here, but I hope to have provided you some info and I'll check back tomorrow, before you rate to see if I can find out anything general about other states acknowledging these certificates of relief. I will look into Wisconsin and Montana?
Customer:

when i was in montana there law was as soon as I had completed my probation all my rights were restored and that was for state and fed because local police came and talked to me and the next day the ATF came and talked to me and both informed me I had broken no laws going to this shooting school so I guess wht i'm hoping is your could find out if wis had the same laws as montana and that since I had completed everything required by law in minn I would now be legal in wis Iam headed there this weekend to find more info and when we are done I will be giving you an excellent rating

SmithEsq :

Hi,


I hope you're well. While I appreciate the ongoing nature of your problem, the way it works here is that we are not actually permitted to give individual legal advice, but general information. I don't mind going further and researching specific issues and am always available for follow up questions, but we do not get compensated until a rating is posted. Whatever the outcome ultimately is, I hope you have found and continue to find my service to your standards and insist that you continue to contact me with any further questions. I also am available right now. I would ask, however, that if you agree that I have mainly addressed your concern, by offering you some avenues to pursue to obtain exceptions to the restriction of possession of firearms for prior felons that you rate my question. If not, I will continue to answer your questions. I cannot guarantee any results, however, and request that you base my rating on my ability to provide you with my time and attention, as well as knowledge and professionalism, rather than the ultimate outcome. Does that make sense to you?

SmithEsq :

I want to reiterate that I believe the best avenue for your petition for redress to the court, to ask that the mandatory restriction be excepted in your case be done in Minnesota, and not in the state in which you are moving, at least at first.


 

SmithEsq :

Finally, in Wisconsin you may find that a crime that would be a felony in Wisconsin will be treated as a felony there. Any petition to have their rights to firearms restored can be made really only to the Bureau of Alcohol, Tobacco and Firearms, whose deciion could usurp the state's, but it seems unlikely. Your best bet remains Minnesota, so far, though you would need someone to really really look through the laws of each state which is beyond the scope of this question, unfortunately.


 

SmithEsq, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 114
Experience: Experienced practicing criminal lawyer ready to answer your questions regarding charges, laws, bail and more.
SmithEsq and 7 other Criminal Law Specialists are ready to help you

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