Up North Lawyer

Penalty For Set Guns; Swivel Guns

Fighting a Set Guns or Swivel Guns Accusation in St. Louis County with a Dedicated Defense Attorney

The moment a criminal accusation lands on your doorstep, especially something involving firearms like a charge related to set guns or swivel guns, your world implodes. It’s a gut punch that leaves you reeling, grappling with the sudden, crushing weight of the state’s power. In Duluth, where tight-knit communities mean word travels fast, an accusation like this can feel like a public condemnation, threatening to shatter your reputation and livelihood. The immediate fears are overwhelming: Will I lose my job? How will this impact my family, my standing in Proctor or Two Harbors? The thought of facing the legal system alone, of battling a system seemingly designed to convict, can be paralyzing. This isn’t just about a legal statute; it’s about your life, your freedom, and your ability to look your neighbors in the eye.

This isn’t a minor legal skirmish; it’s a full-blown assault on your future. The police, the prosecutors, the courts – they represent an immense, unyielding force with one objective: to secure a conviction. They are not interested in the nuances of your situation, the reasons behind your actions, or the devastating impact a conviction will have on your life in Bemidji or Cloquet. They see a crime, a statute, and a case to be won. But you must understand this fundamental truth: an accusation is not a conviction. It is the challenging beginning of a fierce legal battle. Your life is not over; it has simply entered its most critical phase. And in this fight, you need a relentless advocate in your corner, a criminal defense attorney who understands the brutal realities of the courtroom and who will stand unwavering by your side, dissecting every piece of evidence, challenging every claim, and forging a clear path forward through the chaos. This is not a moment for despair; it’s a call to arms, a demand for a strategic and unyielding defense.

The Stakes: What a Conviction Truly Costs

Your Permanent Criminal Record

A conviction for violating provisions related to set guns or swivel guns, even if deemed a gross misdemeanor, leaves an indelible mark on your permanent criminal record. This isn’t a temporary stain that fades with time; it’s a public record that will follow you for the rest of your life. Imagine applying for a new job, attempting to secure housing, or even trying to volunteer at your children’s school in Duluth – that conviction will surface during any background check, acting as an immediate red flag. In the close-knit communities across St. Louis County, such a record can profoundly damage your reputation, making it incredibly difficult to regain the trust and respect of your peers, regardless of how much time passes or how much you strive to move forward.

Loss of Second Amendment Rights

For many individuals in Northern Minnesota, the right to own firearms is a deeply cherished constitutional liberty, integral to their way of life, whether for hunting, sport, or personal protection. A conviction for a gross misdemeanor involving firearms, such as violating provisions concerning set guns or swivel guns under Minnesota Statute 609.661, can directly and irrevocably strip you of your Second Amendment rights. This means the permanent loss of your ability to legally purchase, possess, or carry firearms. Beyond the legal implications, this loss can have a significant personal impact, affecting your recreational activities, your sense of security, and your connection to a long-standing cultural tradition in communities like Two Harbors and Bemidji.

Barriers to Employment and Housing

In today’s competitive and cautious environment, employers and landlords routinely conduct thorough background checks. A criminal conviction, particularly one related to firearms, can erect significant barriers to both employment and housing. Many companies, especially those with strict safety policies or those that involve trust and responsibility, will automatically disqualify applicants with such a record. Similarly, finding suitable housing in communities like Proctor or Cloquet can become an immense challenge, as landlords often view a criminal history as an unacceptable risk. This can lead to a cycle of instability, making it exceptionally difficult to secure stable work and a place to live, thereby hindering your ability to rebuild your life after an accusation.

Impact on Professional Licenses and Reputation

If your livelihood depends on a professional license – whether you are a contractor, a guide, or hold any other state-issued certification – a conviction related to set guns or swivel guns can jeopardize your ability to practice your profession. Licensing boards often review criminal convictions with intense scrutiny, potentially leading to the suspension or revocation of your license, or preventing its renewal. Beyond the professional realm, the damage to your personal reputation within the community can be severe and long-lasting. In areas where word-of-mouth and personal standing are crucial, an accusation, and certainly a conviction, can tarnish your image, affecting your social interactions, community involvement, and overall standing in the fabric of St. Louis County. The repercussions of a criminal record extend far beyond the courtroom, impacting every facet of your life.

The Accusation: Understanding the State’s Case

What Does the State Allege? Set Guns; Swivel Guns Explained in Plain English

When the state accuses you of violating provisions related to set guns or swivel guns, they are claiming you used or possessed certain types of firearms in a manner deemed illegal and inherently dangerous. A “set gun” typically refers to a firearm rigged to discharge automatically when a tripwire, string, or other device is touched or moved, essentially turning the weapon into a booby trap. A “swivel gun” generally refers to a small cannon or large-caliber gun mounted on a swiveling stand, often used on boats for hunting or defense. The essence of the charge under Minnesota Statute 609.661 is that you engaged in activities with these types of firearms that are explicitly prohibited due to their indiscriminate and hazardous nature.

The prosecution will attempt to prove that you either placed, maintained, or were involved with a firearm configured as a set gun, or that you possessed or used a swivel gun in a prohibited manner. They will focus on evidence that demonstrates the firearm’s setup and its potential to cause harm to anyone who might encounter it, rather than being a weapon used for conventional self-defense or sport. The state views these devices as extremely dangerous and indiscriminate, and their case will highlight the inherent risks they pose to public safety, aiming to show you violated the specific provisions of the law designed to prevent their use.

The Law on the Books: Minnesota Statute 609.661

Minnesota Statute 609.661 explicitly outlines the penalty for violating provisions related to set guns or swivel guns, criminalizing the use or possession of these devices due to their dangerous and often indiscriminate nature. The statute aims to prevent harm to individuals who might unknowingly encounter such firearms.

A person who violates a provision relating to set guns or swivel guns is guilty of a gross misdemeanor.

History: 1986 c 386 art 4 s 31

The Prosecution’s Burden: Elements of Penalty for Set Guns; Swivel Guns

For the prosecution to secure a conviction under Minnesota Statute 609.661, they must prove specific elements beyond a reasonable doubt. If they fail to establish even one of these elements, the entire case against you must fail. This is where a relentless defense focuses its efforts, meticulously examining every detail, challenging every piece of evidence, and forcing the state to meet its incredibly high burden of proof. It is not your responsibility to prove your innocence; it is the state’s responsibility to prove your guilt, and if they cannot do so conclusively, then the accusation is nothing more than that: an accusation.

  • Violation of a Provision Relating to Set Guns or Swivel Guns: This is the fundamental element. The state must demonstrate that your actions directly violated an existing law or regulation that specifically prohibits or restricts the use, possession, or configuration of set guns or swivel guns. This requires the prosecution to precisely identify the specific “provision” you allegedly violated. This isn’t a vague accusation; they must point to the exact rule you broke, whether it’s regarding the placement of a set gun on your property in Bemidji or the prohibited use of a swivel gun.
  • Knowledge of the Firearm’s Nature/Configuration: While the statute may not explicitly state “intent,” the prosecution implicitly needs to prove that you knew the firearm was configured as a set gun or was a swivel gun, and that you understood the dangerous nature of such a setup. This means they must show you were aware that the firearm was rigged to fire automatically or that it was the type of weapon classified as a swivel gun. If you were unaware of the specific setup or the legal classification, your defense could argue a lack of the necessary knowledge for culpability.
  • Placement or Use of the Firearm: The state must prove that you actively placed, maintained, or used the set gun or swivel gun. This involves demonstrating your direct involvement in the physical act that constitutes the violation. For a set gun, this could mean proving you rigged the device in a specific location in St. Louis County. For a swivel gun, it could involve proving its use in a prohibited context. Mere ownership of the firearm, without evidence of its prohibited configuration or use, may not be sufficient for conviction.
  • The Firearm Qualifies as a Set Gun or Swivel Gun: A crucial element is proving that the weapon in question actually meets the legal definition of a “set gun” or “swivel gun.” This might involve forensic analysis of the firearm’s mechanism or configuration. If the state cannot convincingly demonstrate that the device fits the specific legal classification, or if it can be argued that the firearm was not rigged to be indiscriminately discharged, this element can be challenged, particularly if the weapon was found in an area like Two Harbors.

The Potential Outcome: Penalties for a Set Guns; Swivel Guns Conviction

A conviction for violating Minnesota Statute 609.661, related to set guns and swivel guns, is far from a minor legal slap on the wrist. This offense is classified as a gross misdemeanor, carrying with it significant potential penalties that can severely impact your freedom, your financial stability, and your future. Understanding the gravity of these potential outcomes underscores the critical need for a tenacious and strategic defense, as the state will pursue these charges with serious intent to punish.

A person who commits any act described in Minnesota Statute 609.661 is guilty of a gross misdemeanor. This means that even a first offense carries the potential for severe penalties that can drastically alter the course of your life.

  • Gross Misdemeanor Penalties:
    • Imprisonment: Up to one year in jail.
    • Fine: Up to $3,000.
    • For a gross misdemeanor conviction, the court has the discretion to impose the maximum jail time, the maximum fine, or both. This is not a trivial consequence; it means potential loss of liberty and a substantial financial burden. Beyond the immediate penalties, a gross misdemeanor conviction creates a permanent criminal record that can affect various aspects of your life for years to come in Duluth and beyond. This often includes the loss of your right to possess firearms, regardless of the initial intent or context of the charge.

The Battle Plan: Building Your Strategic Defense

An Accusation is Not a Conviction: The Fight Starts Now

Being accused of violating provisions related to set guns or swivel guns in Duluth or anywhere in St. Louis County can feel like an immediate defeat. The power of the state, with its formidable resources, seems to suggest that your fate is already sealed. But you must firmly grasp this fundamental truth: an accusation is merely the opening volley in a legal conflict, not the final judgment. This is not the time to surrender or succumb to despair; it is the moment to launch an aggressive, meticulously planned counter-offensive. The prosecution has a narrative they aim to sell – a story constructed to convince a judge or jury of your guilt. My unwavering purpose is to dismantle that narrative, to expose its inherent flaws, and to present your truth with relentless force. I will never passively accept their claims; I will challenge every piece of their purported evidence, scrutinize every procedural misstep, and question every witness until the state’s case crumbles under the weight of its own deficiencies.

The battle for your freedom, your reputation, and your future begins the instant you are charged. This isn’t a defensive crouch; it is a proactive pursuit of justice. I will initiate an exhaustive investigation into every conceivable angle, from the precise manner in which evidence was collected to the underlying motivations of those making the accusations. Were proper protocols meticulously followed during a search in Cloquet? Was a witness unduly pressured or coerced in Bemidji? Were your constitutional rights infringed upon at any point during the process? These are the critical questions I will relentlessly pursue. I will strategically leverage every legal tool at my disposal, from challenging the legality of any search that uncovered supposed evidence to questioning the very interpretation of the statute the prosecution asserts. This is an assertive battle, calculated to expose the weaknesses in the state’s case and conclusively demonstrate that their accusations are not the unshakeable truth they claim. Your fight commences now, and I will be there, leading the charge with unwavering resolve.

How a Set Guns; Swivel Guns Charge Can Be Challenged in Court

A charge under Minnesota Statute 609.661, pertaining to set guns or swivel guns, is serious and demands a multi-faceted defense strategy. Successfully fighting such an accusation involves identifying the specific weaknesses in the prosecution’s case, whether they relate to the definition of the firearm, the intent of the accused, or the manner in which evidence was gathered. My approach is to meticulously dissect every aspect of the state’s claims.

  • Challenging the Definition of the FirearmThe statute hinges on the firearm being a “set gun” or “swivel gun.” We can challenge whether the weapon truly fits this narrow legal definition.
    • Not a “Set Gun”: The core of a “set gun” is its automatic, indiscriminate discharge triggered by an external contact. If the firearm found was merely propped up, or if its mechanism did not meet the legal criteria for an automated trap, then the state cannot prove this element. We can argue that the firearm was not rigged to be discharged “automatically” or “indiscriminately” by a tripwire or similar device, but rather was an unsecured firearm or one intended for a specific, lawful manual use.
    • Not a “Swivel Gun”: A “swivel gun” generally refers to a specific type of mounted cannon or large-caliber weapon. If the firearm in question does not fit this historical or technical definition, then the charge fails. We can argue that the weapon, while perhaps mounted, is a different class of firearm not encompassed by the statute’s intent, or that its mounting was for a legitimate purpose, such as target practice in a specific setup.
    • Lack of Dangerous Configuration: Even if a firearm is mounted, its configuration must still pose the specific indiscriminate danger the statute aims to prevent. If the setup was inherently safe, pointed away from any public or common area, or secured in a way that prevented accidental discharge, we can argue the spirit and letter of the law were not violated.
  • Lack of Knowledge or IntentWhile the statute doesn’t explicitly mention intent, proving knowledge of the firearm’s prohibited configuration or its nature as a swivel gun is often crucial for the prosecution.
    • Unknowing Possession/Setup: If you were unaware that a firearm was configured as a set gun, or that it was considered a swivel gun under the law, this can be a strong defense. This might involve demonstrating that someone else set up the firearm, or that you inherited or acquired it without full knowledge of its specific, prohibited characteristics, especially if the weapon was found on property in Two Harbors you recently acquired.
    • No Intent to Harm or Trap: While not an explicit element, the state often implies malicious intent. We can argue that there was no intent to harm or trap individuals, and that the firearm’s presence or configuration, if true, was due to a misunderstanding, negligence, or an attempt to deter animals on your property in Bemidji, rather than to illegally endanger humans.
    • Misunderstanding of Regulations: The complexity of firearm laws can lead to unwitting violations. If you genuinely misunderstood the specific provisions related to set guns or swivel guns, and can demonstrate a history of lawful firearm ownership and a lack of criminal intent, this can be argued to mitigate culpability or even negate the necessary mental state for the crime.
  • Illegal Search and SeizureThe manner in which law enforcement obtained evidence is critical. Violations of your Fourth Amendment rights can lead to the suppression of key evidence.
    • Warrantless Search: If the firearm or evidence of its configuration was discovered during a search conducted without a valid warrant, or without a recognized exception to the warrant requirement (like consent or probable cause and exigent circumstances), that evidence can be deemed inadmissible. This could lead to a dismissal of the charges, particularly if the discovery occurred on your private land in St. Louis County.
    • Exceeding Scope of Warrant: Even if a warrant was obtained, police may have exceeded the authorized scope of that warrant. If the warrant was for a specific item, but officers searched areas unrelated to that item and found the set gun, that evidence could be suppressed.
    • Chain of Custody Issues: The prosecution must prove that the firearm presented in court is the same one found and that it has not been tampered with. Breaks in the chain of custody, or improper handling and storage of the evidence, can cast doubt on its reliability and lead to its exclusion.
  • Insufficient Evidence Linking You to the Firearm/SetupThe state must prove that you, and not someone else, were responsible for the prohibited setup or possession.
    • Lack of Possession or Control: Simply being on a property where a set gun is found does not automatically prove possession or control. The prosecution must demonstrate that you had actual or constructive possession and exercised control over the firearm or its setup. This is a common defense if the firearm was on shared property or property owned by others.
    • Third-Party Responsibility: It’s possible that another individual was responsible for configuring the set gun or possessing the swivel gun, and you were simply present or unknowingly associated with the situation. We can present evidence to show that another party was the true perpetrator, particularly if the firearm was found on a large hunting ground near Cloquet.
    • Circumstantial Evidence Only: If the prosecution’s case is based solely on circumstantial evidence (i.e., inferences rather than direct proof), and there are reasonable alternative explanations for the evidence, a strong defense can be mounted to argue that guilt has not been proven beyond a reasonable doubt.

Defense in Action: Scenarios in Northern Minnesota

The Old Hunting Cabin in Cloquet

Imagine a situation near Cloquet where an individual inherited an old hunting cabin in a remote area. While clearing out the property, they discover an antique rifle propped up in a way that, to the untrained eye, looks like a set gun, though it was never intended to fire indiscriminately. A neighbor, who had a dispute with the family over land boundaries, sees it and reports it to the authorities, who then charge the individual under MN Statute 609.661.

In this scenario, the defense would primarily focus on Challenging the Definition of the Firearm and Lack of Knowledge or Intent. My defense would argue that the firearm, while old and unsecured, does not meet the legal definition of a “set gun” designed for automatic, indiscriminate discharge; it was merely an improperly stored antique rifle. Furthermore, I would establish that the client had no knowledge of any “set” configuration, nor any intent to use it as such. We would highlight the malicious intent of the neighbor making the report to demonstrate bias, and present evidence that the individual was actively in the process of cleaning out the inherited property, further reinforcing the lack of criminal intent.

A Misunderstood “Security” Device in Two Harbors

A homeowner in a secluded part of Two Harbors experiences a series of break-ins. Frustrated and fearful, they modify an old, inoperable firearm and place it near a window, intending it only as a deterrent or a “noise maker” if someone were to attempt entry, without any actual intention for it to fire live ammunition. A utility worker enters the property for maintenance, trips a wire, and the device makes a loud sound but causes no injury. The worker reports it, and the homeowner is charged with violating the set gun statute.

Here, the defense would center on Lack of Intent and potentially Not a “Set Gun” based on the firearm’s inoperability for live rounds. My defense would argue that while the homeowner set up a “tripwire” mechanism, their intent was not for the device to function as a lethal booby trap, but merely as an alarm or deterrent. We would present evidence of the firearm’s inoperability or modification to prevent live fire, demonstrating that it did not pose the indiscriminate danger the statute seeks to prevent. The homeowner’s history of being a victim of crime would also be presented to show context, arguing that their actions, while perhaps misguided, lacked the criminal intent required for conviction.

Evidence Seized After a Suspicious Tip in Bemidji

Police in Bemidji receive an anonymous tip about illegal firearms at a rural property. Without taking time to confirm the information or obtain a warrant, officers approach the property, observe what they believe to be a “swivel gun” in a shed through an open door, and immediately enter to seize it. The property owner is later charged under MN Statute 609.661.

This case presents a strong argument for Illegal Search and Seizure. My defense would immediately file a motion to suppress the evidence. I would argue that the officers’ warrantless entry into the shed was unlawful, as “plain view” generally requires a lawful vantage point and an immediate recognition of contraband without further intrusion. If the shed was on private property and the officers lacked a warrant or exigent circumstances, their entry violated the Fourth Amendment. If the motion to suppress is granted, the “swivel gun” and any related evidence found as a result of the illegal entry would be inadmissible, likely leading to the dismissal of the charges against the Bemidji resident.

Shared Property and Unclear Ownership in Proctor

A hunting group regularly uses a large, shared cabin and property near Proctor for deer season. During a routine check by conservation officers, a “set gun” is discovered in a remote part of the woods on the shared land. Several members of the hunting group are present, and all are subsequently charged under Minnesota Statute 609.661, even though no one admits to or is directly observed setting up the device.

In this scenario, the defense for each individual would focus on Insufficient Evidence Linking You to the Firearm/Setup and Lack of Possession or Control. My defense would argue that mere presence on a large, shared property does not constitute possession or control of a specific, illegally configured firearm found in a remote area. The state would struggle to prove which individual, if any, placed the set gun, or had knowledge of its specific configuration. I would highlight the lack of direct evidence (e.g., eyewitnesses, fingerprints, specific tools linked to one person) connecting my client to the creation or maintenance of the device, effectively putting the burden back on the prosecution to prove individual culpability beyond a reasonable doubt in Proctor.

The Advocate: Why a Dedicated Duluth Defense Attorney is Essential

Countering the Resources of the State

When you are facing charges under Minnesota Statute 609.661, related to set guns or swivel guns, you are up against the immense power and resources of the state. The prosecution, backed by a team of investigators, forensic analysts, and seasoned attorneys, is singularly focused on securing a conviction. They have the capability to conduct extensive investigations, compel testimony, and utilize sophisticated techniques to build their case, often leaving the accused feeling isolated and overwhelmed. Without an equally determined and capable advocate standing firmly by your side, this inherent imbalance of power can be devastating. I understand the tactics they employ, the psychological pressure they exert, and the potential vulnerabilities within their legal framework. My role is to serve as your formidable shield and your incisive sword, meticulously matching their resources with my deep experience, strategic acumen, and an unyielding commitment to your defense. I will scrutinize every piece of their evidence, relentlessly challenge every procedural misstep, and force them to prove their case beyond a reasonable doubt, ensuring you are not simply crushed by the impersonal machinery of the state.

Strategic Command of the St. Louis County Courts

Navigating the intricate landscape of the criminal justice system in St. Louis County, encompassing courts from Duluth to Cloquet and Two Harbors, demands far more than a superficial understanding of the law. Each courthouse, every presiding judge, and even individual prosecutors possess their own unique procedural quirks, unspoken rules, and preferred approaches. It is insufficient to merely comprehend the statutes; one must intimately understand how those laws are practically applied, judiciously interpreted, and fiercely contested within the specific judicial arenas where your future hangs precariously in the balance. I possess a profound and granular understanding of the local court procedures, the established tendencies of the judges, and the prosecutorial strategies frequently deployed within this region. This invaluable, intimate knowledge empowers me to meticulously develop a defense strategy that is precisely tailored not just to the specific charges you face, but to the exact battlefield on which your legal struggle will be waged. I anticipate their maneuvers, I pinpoint their vulnerabilities, and I meticulously craft a defense designed to exploit every conceivable opportunity, thereby ensuring your case is handled with the utmost precision, assertiveness, and strategic foresight it unequivocally demands. Your defense transcends mere legal theory; it is about establishing comprehensive strategic command over the local judicial terrain.

Fighting for Your Story, Not Just the Police Report

The police report, frequently replete with official jargon and presented as an unvarnished objective truth, seldom encapsulates the complete narrative. It represents a limited snapshot, filtered exclusively through the lens of law enforcement, and is inherently designed to construct a case against you. However, you are profoundly more than a mere collection of allegations inscribed on a piece of paper. You possess a life, a unique set of circumstances, and a personal narrative that inherently merits being heard, understood, and respected. When you are accused of violating provisions concerning set guns or swivel guns, the prosecution’s primary objective will be to reduce your identity to a criminal label. My unwavering purpose is to ensure that your comprehensive story, the intricate context, and the subtle nuances of your situation are brought vividly to light. I will conduct a painstaking investigation into every conceivable detail, engage in thorough discussions with witnesses who genuinely know and understand the real you, and uncover compelling evidence that meticulously paints a complete and accurate picture. I will tirelessly work to humanize you in the eyes of the court, fighting with every fiber of my being to ensure that your character, your underlying intentions, and the full spectrum of your circumstances are comprehensively considered, rather than being overshadowed by the cold, often incomplete, facts presented in a police report originating from Proctor or Bemidji. Your story holds immense significance, and I will stand as its most formidable and unyielding advocate.

An Unwavering Commitment to a Winning Result

When your freedom, your reputation, and your entire future hang precariously in the balance, you require far more than mere legal representation; you demand an unshakeable, unwavering commitment to achieving the most favorable outcome possible. Facing charges under Minnesota Statute 609.661, related to set guns or swivel guns, represents a profound crisis in your life, and you inherently deserve an attorney who approaches it with the utmost urgency, dedication, and ferocity it unequivocally demands. My commitment to your cause is absolute and without compromise. I will meticulously leave no stone unturned in the comprehensive preparation of your defense, diligently exploring every available legal avenue, and relentlessly challenging every single aspect of the prosecution’s case. Whether it entails the painstaking review of voluminous evidence, the aggressive negotiation with prosecutors to secure a favorable plea agreement (if such a path truly serves your best interests), or the unwavering and relentless cross-examination of witnesses during a trial, my singular focus remains constant: to achieve a winning result specifically tailored for you. I deeply comprehend the profound and far-reaching impact this accusation has on every facet of your life in Duluth and beyond, and I pledge to fight with every fiber of my being to safeguard your fundamental rights, protect your invaluable reputation, and secure your future. Your ultimate victory is not merely a goal; it is my sacred and unyielding mission.

Your Questions Answered

What exactly is a “set gun” in Minnesota law?

A “set gun” in Minnesota law refers to a firearm that has been arranged or placed in such a way that it is designed to discharge automatically upon contact with a tripwire, string, or similar device. The key aspect is its indiscriminate and automatic firing mechanism, making it highly dangerous and typically illegal due to the risk it poses to unintended victims.

Can I be charged if I didn’t set up the gun myself, but it was on my property?

Potentially, yes. Depending on the circumstances, if the state can prove you had “control” or “possession” of the property where the set gun was found and had knowledge of its presence and prohibited configuration, you could still face charges. This is why it’s crucial to have an attorney who can challenge the concept of your possession or knowledge.

What’s the maximum penalty for a set gun or swivel gun charge?

Under Minnesota Statute 609.661, a violation is a gross misdemeanor. This carries a maximum penalty of one year in jail and/or a $3,000 fine. While it is not a felony, it is still a serious criminal offense that can result in significant jail time and a lasting criminal record.

Will I lose my Second Amendment rights if convicted?

Yes, a conviction for a gross misdemeanor related to firearms, such as violating provisions on set guns or swivel guns, typically results in the loss of your right to possess firearms under both state and federal law. This is a severe collateral consequence that can have a lasting impact on your life.

How does this law relate to self-defense?

The law regarding set guns and swivel guns is distinct from typical self-defense laws. Set guns are generally prohibited because they are indiscriminate and can harm innocent individuals, not just an immediate threat. Using a set gun as a self-defense measure is generally not recognized as a lawful defense due to its dangerous and uncontrolled nature.

What kind of evidence does the state use in these cases?

The state will typically use physical evidence (the firearm itself, any rigging mechanisms), photographs or diagrams of the setup, witness testimony (from reporting parties, law enforcement, or forensic analysts), and potentially digital evidence if there are communications related to the firearm’s placement or use.

Can a swivel gun be legally owned in Minnesota?

The statute itself does not outlaw owning a swivel gun in general, but rather criminalizes “violating a provision relating to” them. This implies that their specific use or certain configurations might be illegal. It’s crucial to understand the specific “provision” you are accused of violating, as well as the firearm’s exact nature and use.

Is it possible to get a plea bargain for this charge?

Plea bargains are often possible in criminal cases, including those involving set guns or swivel guns. A plea bargain could involve pleading guilty to a lesser offense, or to the current charge in exchange for a reduced sentence or other concessions. Your attorney would negotiate with the prosecutor to determine if a favorable resolution can be reached.

What if I didn’t know the gun was considered a “set gun” by law?

A lack of specific knowledge about the legal definition might be part of your defense, especially if you can demonstrate a genuine misunderstanding rather than willful disregard for the law. However, ignorance of the law is generally not a complete defense, but it can sometimes be used to argue against the necessary criminal intent or to mitigate penalties.

How quickly should I hire an attorney if charged in St. Louis County?

You should hire an attorney immediately upon being charged or even if you are just being investigated. The sooner a defense attorney is involved, the better they can protect your rights, advise you on what to say (or not say), and begin building a strong defense from the outset, before critical evidence is lost or mistakes are made.

Can charges be dismissed if the police conducted an illegal search?

Yes, if evidence critical to the prosecution’s case was obtained through an illegal search and seizure that violated your Fourth Amendment rights, an attorney can file a motion to suppress that evidence. If the motion is granted, and the suppressed evidence is essential to the state’s case, the charges may be dismissed.

How will this affect my hunting license?

A conviction for a gross misdemeanor involving firearms can lead to the suspension or revocation of your hunting license in Minnesota. The Department of Natural Resources (DNR) often takes action based on criminal convictions related to weapons, impacting your ability to participate in hunting activities.

Is there a difference between a “set gun” and a “booby trap”?

While “set gun” specifically refers to a firearm rigged to discharge automatically, it falls under the broader category of “booby traps.” Many jurisdictions prohibit booby traps because of their indiscriminate and dangerous nature, and a set gun is a specific type of booby trap that uses a firearm.

What if the firearm was inoperable?

If the firearm was inoperable or modified in such a way that it could not actually discharge, this could be a strong defense, especially if the state cannot prove it was capable of causing the indiscriminate harm the statute aims to prevent. This would challenge the very nature of the “set gun” or “swivel gun” definition in your case.

What if the set gun was on private property?

Even if the set gun was on your private property in Bemidji or Proctor, violating provisions related to set guns is generally illegal due to the inherent danger they pose to anyone who might enter the property, including emergency responders or utility workers. Private property does not automatically grant immunity from such charges.