The Minnesota Court of Appeals recently ruled that individuals convicted of a felony classified as a "crime of violence" are ineligible to possess firearms, even if their conviction is later deemed a gross misdemeanor. This decision impacts those with similar convictions seeking permits to carry firearms.
The case involved Duane Charles Hippe, Jr., who had been convicted in 2018 for making threats of violence. After his conviction was expunged in January 2025, he applied for a permit to carry a pistol. The Dakota County Sheriff, Joe Leko, denied his application, citing his felony conviction as the reason. Hippe challenged this decision in court, leading to a significant legal ruling.
Background
Duane Charles Hippe, Jr. pleaded guilty to threats of violence in 2018, which is classified under Minnesota law as a felony. He was sentenced to 365 days in prison, with most of the sentence stayed, meaning he served only a few days in custody. In January 2025, his conviction was expunged, leading him to believe he was eligible for a firearm permit.
After applying for a permit to carry a pistol in February 2025, the Dakota County Sheriff denied his application based on the 2018 conviction. The sheriff explained that even though Hippe's conviction had been classified as a gross misdemeanor, it still stemmed from a felony conviction for a crime of violence, which rendered him ineligible to possess a firearm under Minnesota law.
The Ruling
The Minnesota Court of Appeals ruled in favor of the sheriff, reversing the lower court's decision that had granted Hippe a writ of mandamus, which would have required the sheriff to issue the permit. The court emphasized that a felony conviction classified as a "crime of violence" under Minnesota law makes the individual ineligible to possess firearms, regardless of any subsequent classification as a gross misdemeanor.
The court stated, "A felony conviction that is a 'crime of violence' under Minnesota Statutes section 624.712, subdivision 5, renders the convicted person ineligible to possess a firearm pursuant to section 624.713, subdivision 1(2), notwithstanding that the conviction is deemed to be for a gross misdemeanor per section 609.13, subdivision 1(1)."
The ruling was issued by Judge Ede and considered by Judges Bentley and Beane. The court's decision clarified the interpretation of Minnesota's firearm possession laws, particularly how they relate to felony convictions.
Impact
This ruling has significant implications for individuals with felony convictions, especially those seeking to regain their firearm rights after an expungement. The court's interpretation reinforces that the nature of the original offense, rather than the sentence imposed or any subsequent expungement, determines eligibility for firearm possession.
Going forward, this decision may influence future cases involving firearm eligibility for individuals with similar convictions. It underscores the importance of understanding the legal definitions surrounding felonies and crimes of violence in Minnesota.
What's Next
While Hippe's case has been resolved with this ruling, there may be potential for further appeals or related cases in the future. However, details were not available in the court filing regarding any plans for an appeal by Hippe or ongoing related litigation.