Gun crime defense
The gun was found. The question is how. An experienced and respected Minneapolis defense attorney, Thomas E. Harmon V, successfully defends clients against felony possession, unlawful discharge, and other gun-offense charges in Minnesota and federal courts, including the 8th Circuit.
Before the government can use that gun against you, it has to prove it found it lawfully.
A gun charge in Minnesota or federal court carries serious consequences — mandatory prison sentences and the permanent loss of your right to own a firearm. But if police found the weapon through an unlawful stop, search, or warrant, Thomas may be able to get it thrown out of court entirely. For more than two decades, Thomas has successfully moved to suppress guns found through unconstitutional police conduct.
When the gun is suppressed, the case often collapses.
25+ years fighting gun charges in Minnesota courts
Thomas’s gun defense record is built on one of the most powerful tools in criminal defense: the motion to suppress. His track record of getting firearms thrown out of court reflects over two decades of deep expertise in search and seizure law.
110+
Jury trials taken to verdict
100s
Of hearings won to keep unlawful evidence out of court
Guns suppressed
Firearms excluded from evidence — charges dismissed
Crafting your strongest gun crime defense
Most gun cases turn on one question: Did police have the legal right to find that weapon?
The Fourth Amendment says the government cannot search you, your car, or your home without a valid reason — and if they do, the evidence they find cannot be used against you.
The Exclusionary Rule: Evidence found through an unconstitutional search must be thrown out of court. And under the “fruit of the poisonous tree” doctrine, everything found as a result of that illegal search goes with it.
If the gun goes, the case often goes.
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Police need a specific, observable reason to pull you over. A stop based on a hunch or a profile is unconstitutional — and everything found during it can be suppressed.
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A frisk requires specific facts that the person is armed and dangerous — not just a general suspicion.
Thomas challenges every frisk that doesn’t meet that standard.
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Searching a car requires either a warrant, your consent, or a recognized legal exception.
Thomas challenges vehicle searches that lack proper authorization, including situations where so-called consent was not truly voluntary.
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A warrant must specifically describe what can be searched and what can be seized.
When officers go beyond those limits — opening containers not listed, entering rooms not covered — the evidence is subject to suppression under Minn. Stat. § 626.08 and the Fourth Amendment.
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A warrant must be based on solid probable cause.
Thomas examines every warrant affidavit for false statements, missing information, or stale evidence.
Under Franks v. Delaware (1978), a defendant can challenge the truthfulness of a warrant application and seek suppression if it contains deliberate falsehoods.
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When a weapon is found in a shared space — a car with multiple occupants, a home others live in — the prosecution must prove you specifically knew about it and controlled it.
Thomas challenges these cases aggressively.
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Not every prior conviction results in a firearms ban.
Thomas examines whether the predicate conviction legally qualifies as a disqualifying offense under Minnesota law (Minn. Stat. § 624.713) or federal law (18 U.S.C. § 922(g)).
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Following the U.S. Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen (2022), courts are reconsidering the constitutionality of certain firearms restrictions.
Thomas raises applicable constitutional challenges where the law supports them.
Trusted.
Firearms charges Thomas defends
Minnesota and federal firearms charges range from misdemeanor carry violations to serious felonies with mandatory prison sentences. Thomas defends clients at every level, in state court and before the U.S. District Court and 8th Circuit.
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(Minn. Stat. § 624.713)
Up to 5 years.
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(18 U.S.C. § 922(g)(1))
Up to 10 years in federal prison.
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(Minn. Stat. § 624.714)
Gross misdemeanor; felony if the person is otherwise prohibited.
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(Minn. Stat. § 609.66)
Felony.
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(Minn. Stat. § 609.66, subd. 1e).
Felony with mandatory 3-year minimum.
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(Minn. Stat. § 609.713)
Felony.
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(Minn. Stat. § 609.67)
Felony under state and federal law.
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(26 U.S.C. § 5861)
Federal felony, up to 10 years.
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(18 U.S.C. § 924(c))
Mandatory 5-year minimum, consecutive.
Lost your gun rights?
A felony conviction results in a lifetime ban on owning or possessing a firearm under both Minnesota law (Minn. Stat. § 624.713) and federal law (18 U.S.C. § 922(g)(1)).
Here’s how you may be able to get them back.
Expungement
Minnesota’s expungement law (Minn. Stat. § 609A.02) allows certain people to have their criminal record sealed. In some cases, an expungement can restore state-level gun rights. Waiting periods after completing your sentence: 2 years for a misdemeanor, 4 years for a gross misdemeanor, 5 years for eligible felonies. Note: expungement addresses Minnesota’s state firearms ban — not the federal one.
Minnesota Board of Pardons
The Governor, Attorney General, and Chief Justice of the Minnesota Supreme Court can grant a full pardon — which restores both state and federal gun rights. The process is competitive and requires a strong showing of rehabilitation.
Federal rights restoration
Federal firearms rights lost due to a state conviction may be restored if Minnesota law fully restores your civil rights, including the right to possess firearms, under 18 U.S.C. § 921(a)(20). Thomas evaluates each client’s specific situation to identify the most viable path forward.
What a gun conviction actually costs you
A firearms conviction carries consequences that reach far beyond any prison sentence — into your ability to work, own a home, and participate fully in civic life.
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Minnesota gun felonies carry up to 5 years (Minn. Stat. § 624.713).
Federal felon-in-possession: up to 10 years.
A § 924(c) conviction adds mandatory consecutive time on top of everything else.
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A felony conviction means you can never legally own or possess a firearm again — in any state — under 18 U.S.C. § 922(g)(1).
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A firearms felony is permanent. It affects job applications, professional licenses, security clearances, and housing.
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For non-citizens, a firearms felony triggers mandatory deportation and a permanent bar to reentry.
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A conviction does not end your legal exposure. Civil claims can follow independently of the criminal case.
Mandatory prison sentences for gun charges
Gun charges often come with mandatory minimum sentences — prison terms a judge must impose and cannot reduce, no matter the circumstances.
Understanding what you’re facing is why it’s critical to get an attorney involved early.
Minnesota mandatory minimums
Gun used in the commission of a felony (Minn. Stat. § 609.11). First offense: mandatory 3 years in prison. Second offense: mandatory 5 years. These sentences cannot be stayed or reduced — and run on top of any sentence for the underlying crime.
Drive-by shooting (Minn. Stat. § 609.66, subd. 1e). Mandatory 3 years, consecutive to any other sentence.
Person with a violent criminal record found with a gun (Minn. Stat. § 624.713, subd. 2). Mandatory 5 years. Cannot be stayed.
Minnesota sentencing guidelines. Outside of mandatory minimums, gun felonies are sentenced on a grid based on the severity of the offense and the person’s criminal history. Most gun offenses fall at severity levels VI through X — the higher end of the grid.
Federal mandatory minimums
Gun used in connection with a drug crime or violent crime (18 U.S.C. § 924(c)). Mandatory 5 years on top of any other sentence — just for having the gun. Brandishing: 7 years minimum. Firing it: 10 years minimum. A second § 924(c) charge adds 25 mandatory years. These sentences stack.
Felon in possession of a firearm (18 U.S.C. § 922(g)). Up to 10 years. If you have three or more prior convictions for violent felonies or serious drug offenses, the Armed Career Criminal Act (18 U.S.C. § 924(e)) kicks in — mandatory 15 years to life.
Federal sentencing guidelines (USSG § 2K2.1). The recommended federal sentence increases based on the type of firearm, number of firearms, whether it was stolen, and whether drugs or violence were involved. Thomas challenges every factor the prosecution uses to push the guidelines range higher.
Request a free consultation.
Get an assessment of your case from a criminal defense lawyer with deep experience in both Minnesota and federal courts. Connect with Harmon Law for a consultation and find out where you stand.