Felon loses bid to get his guns back

Posted at 10:25 AM on December 7, 2010 by Bob Collins (0 Comments)
Filed under: Crime and Justice

The Minnesota Court of Appeals has upheld the teeth of Minnesota's lifetime ban on felons possessing guns, by ruling a Ramsey County Court was correct in considering whether restoring a felon's gun rights threatens the public's safety.

The court ruled in the case of James Averbeck, who was convicted to third-degree assault in 1991. A lower court had ruled that the public's safety outweighed Averbeck's private interest. The court agreed, although it acknowledged Averbeck met other criteria for having his right to own a gun restored.

He also said not being able to have a gun makes him unable to go hunting with family and friends, and makes it difficult to make a living as a private investigator.

The Court of Appeals, however, said the lower court was correct in considering the possibility that a felon would be a threat to public safety if gun rights were restored.

Here's the full opinion

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