Minnesota Supreme Court (effectively) orders Dakota County Sheriff to issue a firearm carry permit to defendant
On October 20, 2020, the Minnesota Supreme Court issued Tapia v. Leslie, and granted a defendant’s petition for a writ of mandamus concerning his right to obtain a firearm carry permit. The Court effectively ordered the Dakota County Sheriff’s Office to issue a carry permit to a resident who was previously denied that privilege because he was deemed ineligible to carry the permit under an old version of the relevant statute.
The defendant, Benjamin Tapia, was adjudicated delinquent for motor vehicle theft in 1998. Despite that he was a juvenile at the time, the crime was considered a “crime of violence” and, per Minnesota Statute § 624.712, his adjudication barred him from possessing a firearm. In Minnesota, felony convictions for crimes of violence generally implicate Second Amendment rights and trigger at least a temporary loss of the right to possess a firearm (and sometimes a permanent loss of that right).
In 2014, however, the Minnesota Legislature revisited the crimes of violence statute, ultimately amending the statute to eliminate some of the crimes that, until that point, were considered crimes of violence. In total, the amendment added three crimes and removed three crimes from the definition of crime of violence. Amongst those changes, the Legislature removed motor vehicle theft. See Minn. Stat. § 624.712, subd. 5 (2018). According to the statute, however, the effective date of the amendment was August 1, 2014, and “applie[d] to crimes committed on or after that date.”
In March of 2017, Tapia obtained a permit to carry, issued by the Dakota County Sheriff’s Office. But approximately one year after issuing the permit, the Sheriff voided the permit. The Sheriff had obtained information from a BCA background check regarding Tapia’s juvenile record (despite having already issued the permit one year earlier) that Tapia had been adjudicated delinquent as a juvenile for motor vehicle theft. Tapia hired a criminal defense lawyer to pursue the matter, but both the Dakota County District Court and the Minnesota Court of Appeals affirmed the Sheriff’s denial. The Minnesota Supreme Court granted review of the case and ultimately reversed both lower courts. The Court held that the 2014 amendment applied to Tapia, and that, with the amended crimes of violence language, Tapia was entitled to a permit to carry.
More specifically, the Minnesota Supreme Court held that the amendment’s language was unambiguous as it applied to Tapia’s case. The Court found that the amendment states that it “is effective August 1, 2014,” and left it there. Because Tapia applied for a permit in 2017, he could take advantage of the change in language and his application for a gun carry permit had to be reviewed under the definition of “crime of violence” in effect at the time he applied. Because that definition did not include adjudications for the theft of a motor vehicle at the time he applied for the permit, Tapia was entitled to a permit. The Court did not consider the second phrase of the amendment to be controlling (that the amendment “is effective August 1, 2014, and applies to crimes committed on or after that date.”).
This holding opens the door to others who are seeking to obtain a permit to carry a firearm, but have prior convictions or adjudications for a crime of violence on their adult or juvenile record.
Apart from theft of a motor vehicle, the 2014 amendment also removed (1) third-degree burglary and (2) theft involving the taking of property from a burning, abandoned, or vacant building, or from an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle. Individuals with third-degree burglary convictions, as well as the theft convictions just outlined, should have no problem obtaining a permit to carry a firearm under this new ruling.
The Minneapolis criminal defense lawyers at Wilson Criminal Defense can help guide you through the process of obtaining a firearm permit or restoring firearm rights. If you’ve been convicted of a felony crime of violence—even if it’s still considered a crime of violence under the current status of the law—you may be able to petition the district court for reinstatement of those privileges.