If you have been convicted in Minnesota for the offense of felon in possession of a firearm for possessing a BB gun, you may be entitled to compensation for any time you served in prison or the county jail. The Minnesota Supreme Court has ruled that you can not be convicted of the crime of felon in possession of a firearm if you are a felon and possessed a BB gun. The court determined that a BB gun does not meet the legal definition of a firearm as air, and not gunpowder, is the force used to propel the projectile from the barrel.
You will first need to file a Petition for Post Conviction Relief in order to vacate the wrongful felony conviction. The petition must be filed within two years from the date of conviction. The court will be required by law to vacate your conviction for felon in possession of a firearm as a BB gun is not defined as a firearm. You may then file a second petition in the county where you were convicted seeking an order from the court determining that you are a person entitled to compensation based on exoneration. An exonerated person is one whose conviction was vacated on grounds consistent with innocence.
If you prevail, you can file for exoneration compensation with the Minnesota Supreme Court which would entitle you to a minimum of $50,000.00 for every year you spent in prison or jail and $25,000.00 for every year you spent on supervised release! I recently won a BB gun exoneration case in Mille Lacs County, Minnesota and we are about to be assigned a three person panel who will decide the amount of compensation to be awarded my client. If you may be entitled to exoneration compensation, please call me at (612) 339-1024. I am an experienced exoneration compensation attorney.