Gun Ownership in Minnesota
Minnesota has a strong tradition of gun ownership and the state’s firearms laws reflect a balance between protecting Second Amendment rights and ensuring public safety. Whether you are a first-time gun buyer, a longtime owner or someone seeking to restore lost gun rights, understanding Minnesota’s firearms laws is essential.
The Second Amendment to the U.S. Constitution protects the right to keep and bear arms and Article I, Section 13 of the Minnesota Constitution provides that the right of the people to bear arms shall not be abridged. However, both federal and state law impose certain restrictions on who may possess firearms and under what circumstances.
Who Can Own Firearms in Minnesota?
In general, adults who are not prohibited by law may own firearms in Minnesota. Prohibited persons include individuals convicted of a “crime of violence” as defined by Minn. Stat. § 624.712, individuals subject to certain court orders (including Orders for Protection and Extreme Risk Protection Orders), individuals who have been committed as mentally ill or chemically dependent and individuals convicted of certain misdemeanor offenses (including domestic violence).
Federal law under 18 U.S.C. § 922(g) adds additional categories of prohibited persons, including anyone convicted of a felony, anyone who is a fugitive from justice, anyone who is an unlawful user of controlled substances and anyone who has been dishonorably discharged from the military.
Restoring Your Gun Rights
If you have lost your gun rights due to a criminal conviction or other disqualifying event, there may be a path to restoration. In Minnesota, gun rights can potentially be restored through expungement of the underlying conviction, a judicial restoration of firearms rights under Minn. Stat. § 609.165 or a presidential or gubernatorial pardon.
The restoration process can be complex and varies depending on the specific circumstances of your case. An attorney experienced in Minnesota firearms law can evaluate your situation and advise you on the best path forward. At Birkholz Law, we are dedicated advocates for responsible gun ownership and have helped many clients restore their firearms rights.
Key Takeaways
- Minnesota law balances Second Amendment rights with public safety
- Certain convictions and court orders prohibit firearms possession
- Both state and federal law define categories of prohibited persons
- Gun rights may be restored through expungement, judicial restoration or pardon
- An experienced attorney can help navigate the restoration process
Referenced Legal Authority
- Minn. Stat. § 624.712 (Firearms Definitions)
- Minn. Stat. § 609.165 (Restoration of Rights)
- 18 U.S.C. § 922(g) (Federal Prohibited Persons)
Need Legal Help?
If you’re facing a legal issue related to gun rights, don’t wait to get the help you need. Contact Birkholz Law today to discuss your case with one of our experienced attorneys serving Southern Minnesota.
For a comprehensive evaluation of your case and to understand all of your legal options, we invite you to speak with our team. Our attorneys have decades of combined experience serving clients throughout Southern Minnesota, and we’re committed to achieving the best possible outcome for every client we represent.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For advice specific to your situation, please contact Birkholz Law to discuss your case.
