Losing Your Gun Rights in Minnesota
In Minnesota, you can lose your right to possess firearms through several avenues. A conviction for a “crime of violence” as defined by Minn. Stat. § 624.712 results in a lifetime firearms prohibition. Certain misdemeanor convictions, including domestic assault, also trigger firearms prohibitions. Additionally, court orders such as Orders for Protection and Extreme Risk Protection Orders can temporarily or permanently restrict firearms rights.
Federal law under 18 U.S.C. § 922(g) imposes additional restrictions, prohibiting firearms possession by anyone convicted of a crime punishable by more than one year in prison (essentially any felony), among other categories.
Paths to Restoration
Minnesota law provides several potential paths to restoring firearms rights. Under Minn. Stat. § 609.165, a person who has been convicted of a crime of violence may petition the court for restoration of firearms rights. The court will consider factors such as the nature of the conviction, the time elapsed since the conviction, the petitioner’s criminal history and evidence of rehabilitation.
Expungement of the underlying conviction is another potential path. If the conviction that triggered the firearms prohibition is expunged, the prohibition may no longer apply. However, the interplay between state expungement and federal firearms law is complex and an attorney’s guidance is essential.
In some cases, a presidential or gubernatorial pardon may be the most appropriate path to restoration. Pardons are discretionary and typically require a showing of rehabilitation and good character.
The Restoration Process
The process for restoring gun rights in Minnesota typically involves filing a petition with the district court, providing evidence of rehabilitation (such as completion of treatment programs, stable employment, community involvement and character references), and attending a hearing at which the court will evaluate your petition.
restoration of state firearms rights does not automatically restore federal firearms rights. An experienced attorney can help you navigate both state and federal requirements and develop our approach for restoring your full firearms rights.
At Birkholz Law, we believe in second chances and are dedicated to helping responsible individuals restore their firearms rights. Our attorneys have experience with gun rights restoration cases and can guide you through every step of the process.
Key Takeaways
- Crimes of violence result in lifetime firearms prohibitions in Minnesota
- Restoration may be available through court petition, expungement or pardon
- Courts consider rehabilitation, time elapsed and criminal history
- State restoration does not automatically restore federal rights
- An experienced attorney is essential for Handling the restoration process
Referenced Legal Authority
- Minn. Stat. § 624.712 (Crime of Violence Definition)
- Minn. Stat. § 609.165 (Restoration of Rights)
- 18 U.S.C. § 922(g) (Federal Firearms Prohibitions)
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.
