The Minnesota  firearm-enhancement statute applies to convictions for certain types of criminal offenses where a person had in possession or used a firearm at the time of the offense. The firearm-enhancement statute   requires  a person to  serve a minimum term of imprisonment of not less than 3 years.  The statute applies to   the following criminal offenses: (1) murder; (2) assault; (3) burglary; (4) kidnapping; (5) false imprisonment; (6) manslaughter; (7) robbery; (8) criminal sexual conduct; and (9) controlled substance crimes.

The term "had in possession" can include either actual  or constructive possession of a firearm. The state can prove constructive possession by presenting evidence that the firearm was found in a place under the defendant's exclusive control or where there is a strong probability that the defendant was  consciously exercising dominion or  control over the firearm. The police will typically find a firearm on the defendant's person, actual possession,  or in a place like his bedroom or  near  his personal effects,   constructive possession. 

If a defendant is found in either actual  or constructive possession of a firearm, the state must still prove that the gun increased the risk of violence. Relevant factors include the type and condition of the gun, its ownership, whether is was loaded, and ease of accessibility. 

If you have ben charged with a crime where you used or had in possession a  firearm, you will need legal representation by an experienced Minneapolis Firearm Defense Attorney. Robert J. Shane has been defending the freedom of the accused since 1983. Call now for a free phone consultation at (612) 339-1024.