Birkholz Law is Southern Minnesota’s dedicated gun rights law firm. Whether you need to restore lost rights or defend against weapons charges, we fight for your constitutional freedoms.
The right to keep and bear arms is a fundamental constitutional right, but it is not unlimited. Federal and Minnesota state laws impose restrictions on who may possess firearms, and violations of these laws carry severe penalties. At Birkholz Law, we are passionate advocates for responsible gun ownership and the Second Amendment rights of our clients throughout Southern Minnesota.
Whether you have lost your gun rights due to a past criminal conviction, are facing weapons charges, or need guidance on Minnesota firearms law, our attorneys have the knowledge and experience to help. We handle gun rights restoration petitions, defend against felon-in-possession charges, challenge permit denials, and represent clients in all firearms-related legal matters.
Minnesota law provides pathways for individuals who have lost their gun rights to petition for restoration. Under Minn. Stat. § 609.165, individuals convicted of a “crime of violence” lose their right to possess firearms, but may petition the court for restoration after their civil rights have been restored. Federal law under 18 U.S.C. § 922(g) also restricts firearm possession for certain categories of individuals, including convicted felons and those subject to domestic violence restraining orders.
If you have lost your gun rights due to a criminal conviction, we can help you petition the court for restoration. We evaluate your eligibility, prepare your petition, and advocate for your rights at the hearing.
Facing gun or weapons charges in Minnesota? Our defense attorneys challenge the prosecution's evidence, protect your constitutional rights and fight for the best possible outcome.
Felon in possession charges carry severe penalties. We examine every aspect of the case, from the legality of the search to whether your rights were properly restored, to build the strongest defense.
Minnesota’s firearms laws are a complex intersection of state statutes and federal regulations. The Minnesota Personal Protection Act (Minn. Stat. § 624.714) governs permits to carry, while Minn. Stat. § 624.7131 addresses permits to purchase handguns and semiautomatic military-style assault weapons.
Under Minnesota law, it is illegal to possess a firearm if you have been convicted of a “crime of violence” as defined in Minn. Stat. § 624.712, subd. 5. This includes felony-level offenses such as assault, burglary, kidnapping, murder, robbery, and certain drug offenses. A conviction for a misdemeanor crime of domestic violence also triggers federal firearms prohibitions under 18 U.S.C. § 922(g)(9).
Minnesota also has an Extreme Risk Protection Order (ERPO) statute that allows law enforcement and family members to petition the court to temporarily remove firearms from individuals who pose a significant danger to themselves or others. These “red flag” orders can result in the seizure of firearms and the suspension of permits without a criminal conviction.
Our attorneys stay current on all changes to Minnesota and federal firearms law and provide clients with accurate, up-to-date legal guidance. Whether you are a first-time gun buyer, a concealed carry permit holder, or someone seeking to restore lost rights, we can help you navigate the legal landscape.
Yes, in many cases. Minnesota law allows individuals convicted of crimes of violence to petition the court for restoration of firearm rights after their civil rights have been restored (typically upon completion of their sentence). The court considers factors including the nature of the offense, time elapsed, rehabilitation efforts and public safety. Federal restoration may also be necessary depending on the offense.
There is no mandatory waiting period under Minnesota law, but courts generally look favorably on petitions filed after a significant period of law-abiding behavior following completion of the sentence. The strength of your petition depends on demonstrating rehabilitation and responsible behavior.
A misdemeanor DWI generally does not affect your gun rights under Minnesota or federal law. However, a felony DWI conviction (typically a fourth offense within 10 years) will result in the loss of firearm rights. Additionally, if a DWI involves a domestic violence component, federal firearms prohibitions may apply.
An ERPO is a court order that temporarily prohibits a person from possessing firearms and requires them to surrender any firearms they own. ERPOs can be requested by law enforcement or family/household members. You have the right to a hearing where you can present evidence and challenge the order. Our attorneys represent individuals facing ERPOs and fight to protect their rights.
Whether you need to restore lost gun rights, defend against weapons charges or navigate Minnesota firearms law, Birkholz Law is here to help.
Award-winning law firm serving Southern Minnesota for over 50 years. Dedicated to protecting your freedom, rights and family.
121 St. Andrews Court Mankato, MN 56001
209 Armstrong Blvd South St. James, MN 56081
Albert Lea · Austin · Blue Earth · Faribault · Fairmont · Jackson · Lake Crystal · Luverne · Mankato · Marshall · New Ulm · North Mankato · Northfield · Owatonna · Pipestone · Redwood Falls · St. James · St. Peter · Waseca · Windom · Worthington
Copyright 2026 Birkholz & Associates | Privacy Policy | Minneapolis Web Design
