How to Restore Your Minnesota Gun RightsDecember 14, 2020
Restore Your Minnesota Gun Rights
Minnesota gun rights restoration is complicated because it involves both federal and state law. You need to restore gun rights under both federal and Minnesota law to legally own a gun. If you fail to also restore your federal gun rights and you’re probably committing a felony if you buy a gun. Obviously, it is very important to have a good understanding of both federal and Minnesota firearm laws. For this reason, you may need the help of a lawyer to restore your Minnesota gun rights and stay of trouble.
Losing Your Gun Rights Under Minnesota Law
Federal law prohibits individuals with felony convictions from possessing firearms for life. Under Minnesota law anyone convicted of a felony also loses their gun rights. However, Minnesota automatically restores your gun rights for many felony convictions once you complete your sentence.
With that said, Felonies that are “crimes of violence” are not automatically restored under Minnesota law. Additionally, Minnesota law defines “crimes of violence” in a somewhat confusing way. A “crime of violence” in Minnesota includes certain non-violent felonies such as drug offenses and other offenses that don’t seem violent.
How to Get Your Minnesota Gun Rights Back
If your felony conviction is not a “crime of violence” under Minnesota law, you may still have lost your firearm rights under federal law. However, if you restore your Minnesota gun rights under Minnesota law, both your Minnesota and federal gun rights will often be restored.
Restoring your gun Minnesota rights under Minnesota law is governed by Minnesota Statutes § 609.165, subd. 1d. This law allows you to petition the court to restore your Minnesota gun rights. This law defines the legal standard to restore your Minnesota gun rights. 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 like having a restraining orders.
Related information: Regaining MN Gun Rights
We Are Here to Help
The first step in restoring your Minnesota gun rights is to see if you qualify. Our lawyers have built a free, secure eligibility test that should help in figuring out whether you qualify. It only takes about 5 minutes to complete, so take it now to get started restoring your Minnesota gun rights. If you would like to discuss your options further with our staff, feel free to contact us calling 844-947-3732.
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