2024-04-24 03:18:00
MINNEAPOLIS — The fatal shooting of three first responders in Burnsville raised questions regarding gun rights in February. The killer might not legally have a gun or ammunition because of a previous conviction for a violent crime – but he did petition the courts to overturn his lifetime ban. A Dakota County judge said no in 2020.
One thousand four hundred forty eight petitions have been filed in Minnesota over the past five years. The courts approved more than half of them, all from people who wanted to regain their right to a gun and ammunition in Minnesota, including Troy Horning.
“I think it just shows you know you’re giving people a second chance,” Horning said.
Although this is considered a lifetime ban, it is not for everyone. To get a better understanding of the data, we focused on Dakota County. Since 2019, WCCO has found that 109 people there have tried to restore their gun rights. Of them, 72 succeeded.
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Their rights were taken away for convictions involving drug offences, assault, theft and terroristic threats.
Within these petitions are their pleas for restoration.
LaShaun wrote, “I have repaid my debt to society.”
Another, “I am an upstanding citizen who cares regarding my community.”
Anna said: “I went into treatment in December 2010 and have been sober ever since.”
Horning’s drug offense was 20 years ago.
“So just to show how much I’ve changed. You know what I’m saying? You know, I opened a business now – GQ Stucco and Stone and I’ve been doing tremendous things, giving back to the community, donating money to churches and stuff like that good,” Horning said.
Many whose petitions were approved cited hunting as their motivation. Others wanted a gun for personal protection or simply just wanted the right to have one.
“These are people who were law abiding. You know, grown up enough and understand enough the responsibility of carrying a live firearm,” Horning said when asked who deserves to have their rights restored.
Over the past five years in Dakota County, judges have denied petitions for at least 10 people, including Shannon Gooden. He finished get illegal weaponsthen used the weapons to fire more than 100 gun rounds at first responders in Burnsville, three dead and another injured.
“First of all, are they honest and fair?” senior judge Jerome Abrams said when asked what he considers when looking at a petition.
He sat on the Dakota County bench for a decade.
“How do people get into this? And it’s a time and place type of thing. Did they do it when they were younger, did they do it when they were older, you look very closely at this idea. Was a firearm used in whatever circumstances gave rise to this ban on firearms,” Abrams said.
Judges may grant a petition, but Abrams says there is no obligation. They are guided by the statute and it is up to petitioners to provide “good cause” to be approved.
“You know it when you see it. It’s situational, so what’s a good reason? It’s something that’s legally sufficient, but usually the filter you apply, the fancy legal word for it, is prudence. That is, you want to be careful. , you want to be careful,” Abrams said.
Petitions we’ve seen denied have a similar theme: The original charge involved a gun, the person remains a threat to public safety, not enough time has passed or there are recent charges.
A judge denied Anthony Wallace’s petition last year.
“It does not remain law abiding,” Wallace said. “Had a few other things since then, but nothing serious.”
He thinks errors in his file contributed to his denial.
In the paperwork, the judge noted, “Even if the … is pulled” he remains a threat to public safety.
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Wallace plans to try once more when he is next admitted in 2025.
“I don’t think anything should be a lifetime ban, because what you do now, you grow yourself as well,” Wallace said.
WCCO found other petitions were dismissed, withdrawn, referred to another country or postponed.
click here for information on who has a permanent ban on gun rights and how to get it reinstated.
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