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Prison or Jail Sentence in Gun Cases

Prison or jail sentences can occur in many drug cases. Minnesota uses the Minnesota Sentencing Guidelines in determining sentences in felony cases. There are numerous factors that influence what sentence you will presumptively receive including (1) the severity of your offense; (2) your criminal history;  (3) the harm inflicted if any; or (4) if there are other aggravating factors at play. 

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  1. Carrying/Possessing a Gun 

    1. Ineligible Felon in Possession of a Firearm

    2. Ineligible Possession of a firearm for a qualified misdemeanor

    3. Carrying a Firearm without a Permit

    4. Possession on school property or other prohibited areas

    5. Possession While Intoxicated

    6. Unlawful Weapons to Possess

  2. Threatening with a Gun

    1. Threats of Violence

    2. 2nd Degree Assault (fear)

  3. Shooting a Gun

    1. 2nd Degree Assault (bodily harm)

    2. 1st Degree Assault

    3. Reckless Discharge of a Firearm

    4. Drive By Shooting

    5. Murder/Manslaughter

  4. Selling, Transferring, or Transporting Guns

  5. Miscellaneous Other Gun Charges

1. Carrying/ Possessing a Gun

1.1 Ineligible Felon in Possession of a Firearm (Minn. Stat. 624.713)

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​The maximum sentence is 15 years. The mandatory minimum is 60 months in prison. 

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1.2. Ineligible Possession of a firearm for a qualified misdemeanor (Minn. Stat. 624.713)

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The maximum sentence is 364 days in jail. 

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1.3 Carrying a Firearm without a Permit (Minn. Stat. 624.714)

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The maximum sentence is 364 days in jail. 

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1.4 Possession on school property or other prohibited areas (Minn. Stat. 609.66)

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The maximum sentence is 5 years in prison. 

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1.5 Possession While Intoxicated (Minn. Stat. 624.7142)

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The maximum sentence is 364 days. â€‹

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1.6 Unlawful Weapons to Possess (Minn. Stat. 609.67; 609.712)

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The maximum sentence is 20 years. 

3. Shooting a Gun

3.1 2nd Degree Assault (bodily harm)

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The maximum sentence for committing 2nd degree assault involving substantial bodily harm is 10 years in prison. The use of firearm in the commission of the offense makes a mandatory minimum of 3 years. Minn. Stat. 609.11.

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3.2 1st Degree Assault

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The maximum sentence is 20 years for  1st degree against victims that are not specifically listed. The maximum sentence can be 30 years if the victim is a peace officer, prosecuting attorney, judge, or correctional employee. This list is not exhaustive. If a firearm is part of the allegations, the mandatory minimum is 3 years. Minn. Stat. 609.11.

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3.3 Murder

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The sentencing in murder cases can be complicated. Contact a lawyer to discuss your case. 

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3.4 Manslaughter

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The sentencing in manslaughter cases can be complicated. Contact a lawyer to discuss your case. 

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2. Threatening with a Gun

2.1 Threats of Violence (Minn. Stat. 609.713)

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For threats of violence, it depends what subdivision you are charged under for what you are looking at for prison or jail time. The maximum sentence for a verbal threat to commit a crime of violence is 5 years. The maximum sentence for brandishing or displaying a BB gun or replica firearms is 364 days in jail. 

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2.2 2nd Degree Assault (fear)

 

The maximum sentence is 7 years. If a firearm is part of the allegations, the mandatory minimum is 3 years. Minn. Stat. 609.11. 

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4. Selling, Transferring, or Transporting Guns

The legislature recently made modifications to crimes in this area. Please call Subzero Criminal Defense to discuss whether the news laws change your case. 651-248-5142

5. Miscellaneous Other Offenses

There are many other drug offenses that can result in prison or jail time. There is not enough space here to go over every single gun offense and the prison and jail sentences. If you have questions about your specific offense, contact Subzero Criminal Defense. 651-248-5142. 

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