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Minnesota Firearm Rights Restoration

Minnesota Gun Rights Restoration

December 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.

Comments ( 4 )

  1. […] Restoring firearm rights in Minnesota […]

  2. Christopher says:

    Would like to see if you can expunge my record

  3. Christopher says:

    I would like to see if you are able to expunge my record

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Disclaimer: The material on this blog has been prepared and is copyrighted by WipeRecord, a division of Eastman, Libersat & Meyler, PC ("WipeRecord"). The material is for informational purposes only and does not constitute legal advice. Information provided by or cited to third parties does not necessarily reflect the opinions of WipeRecord or any of its attorneys or clients. Results of any expungement or restoration of civil and/or firearm rights may vary from case to case. We obtained your email address when you took the eligibility test on our website. Please note that prior results do not guarantee a similar outcome. The choice of a lawyer is an important decision and should not be based solely upon advertisement. Please refer to our website for prices. This is a legal advertisement. If you have already hired or retained a lawyer in connection with your gun rights restoration, please disregard this letter. Our lawyers do not have professional liability insurance.