Minnesota Gun Rights RestorationDecember 14, 2015
Minnesota Firearm Rights
If you have lost your rights to possess a firearm in Minnesota you will probably need an experienced attorney to determine whether you qualify to restore your gun rights and to competently argue your case before the courts. Gun rights restoration is complicated because it involves interplay between both federal and state law prohibitions as well as between government entities from the local to federal level that enforce and regulate those prohibitions. Sometimes these state and federal laws conflict and it may take an experienced attorney to determine how these laws affect your individual rights.
Federal law prohibits individuals with felony convictions from possessing firearms for life. Under Minnesota law anyone convicted of a felony is prohibited from possession, but rights are automatically restored for felonies that are not deemed “crimes of violence” upon discharge from the sentence. However, the way Minnesota law defines “crimes of violence” is somewhat counter intuitive and includes some non-violent felonies such as certain drug offenses. Furthermore, even if your felony conviction is not a “crime of violence” under Minnesota law, you may be barred by federal law from possessing or purchasing a firearm until you have your rights restored. Federal and Minnesota law similarly bar possession of firearms for convictions involving domestic violence. Restoration of firearm rights under Minnesota law is governed by Minnesota Statutes § 609.165, subd. 1d and allows a restricted individual to petition the court requesting relief from this harsh prohibition.
The restoration of firearm rights statute vaguely defines the threshold for courts to evaluate firearm rights petitions. The statute states that a court “may grant the relief sought if the person shows good cause to do so and the person has been released from physical confinement.” While not clearly defined in the statute, courts consider the following:
- Needing a firearm for employment or hunting.
- An individual’s criminal history.
- The disqualifying crime and it’s severity.
- Other factors that might suggest the individual poses a danger to others (eg. protective/restraining orders issued against the petitioner)
Please contact our team to see if you are eligible to restore your Minnesota firearm rights by calling 844-947-3732 or take our free online eligibility test.
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