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Can You Restore Gun Rights After a Domestic Assault Conviction in Minnesota?

by | Sep 2, 2026

A close-up of a revolver with its cylinder open, resting on a black case.

A domestic assault conviction can affect your life long after probation, fines, or jail are over. One consequence may be the loss of your right to possess firearms under Minnesota law, federal law, or both. 

If you are wondering whether you can restore gun rights in Minnesota after a domestic violence conviction, the answer depends on the exact offense, your relationship to the alleged victim, whether a firearm was used, and which state or federal prohibition applies. 

At Sieben Edmunds Miller, we evaluate each of those issues before recommending a path forward. 

Concealed handgun in holster under shirt in Minnesota

Minnesota and Federal Firearm Restrictions After Domestic Assault 

Minnesota and federal firearm laws overlap, but they do not always impose the same restriction or provide the same path to relief. 

Under Minnesota Statute § 609.2242, a person convicted of domestic assault against a family or household member is generally prohibited from possessing firearms for three years. If a firearm was used during the assault, however, a court may impose a longer prohibition, including a lifetime ban. The three-year restriction also depends on the person avoiding another qualifying assault conviction during that period. 

Federal law can create a separate restriction. Under 18 U.S.C. § 922(g)(9), certain misdemeanor crimes of domestic violence prohibit firearm possession under federal law. Whether a Minnesota conviction qualifies depends on the offense and the relationship involved. Federal law also contains a limited five-year exception for some people with a single qualifying misdemeanor conviction involving a dating relationship, but that exception does not apply to several other domestic relationships, including spouses, co-parents, and similarly situated partners. 

Because a Minnesota restriction can expire while a federal restriction remains in place, it is important to determine which laws apply before possessing or attempting to purchase a firearm. 

What Are the Options for Restoring Gun Rights? 

There is no single restoration process that applies to every domestic assault conviction. The approach depends on the conviction and the source of the firearm prohibition. 

For a misdemeanor domestic assault, the Minnesota three-year prohibition may expire by operation of law if the statutory requirements are met. That does not necessarily end a separate federal restriction. Expungement also should not be treated as an automatic firearm-rights restoration tool; the effect of an expungement, pardon, set-aside, or other relief must be evaluated under the specific federal and state statutes involved. 

For certain felony convictions classified as a Minnesota “crime of violence,” Minnesota Statute § 609.165 allows a person prohibited under state law to petition the district court for restoration. The court may grant relief if the person shows good cause and has been released from physical confinement. 

A petition may include evidence such as: 

  • Completion of probation, treatment, or other court-ordered requirements. 
  • A substantial period of law-abiding conduct and evidence of rehabilitation. 
  • Employment, family, community involvement, and the specific reason firearm rights are being requested. 

A state restoration order does not automatically resolve every possible federal prohibition, so both systems must be reviewed before relying on the result. 

New Minnesota Firearm Transfer Rules in 2026 

Minnesota also changed the procedures for firearm surrender in domestic violence cases effective August 1, 2026. When a court orders a person to transfer firearms, the new law standardizes where the firearms may be transferred, requires proof of transfer or a declaration of non-possession, and generally provides for a compliance hearing. These rules govern compliance with a firearm restriction; they do not create a new or automatic restoration process. 

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How a Minnesota Gun Rights Lawyer Can Help 

Firearm-rights cases can become complicated because a person may be subject to one Minnesota prohibition, a different federal prohibition, or both. A gun rights restoration lawyer in Minnesota can review the conviction, sentencing records, relationship involved, and any court-ordered firearm restrictions to determine what options are actually available. 

At Sieben Edmunds Miller, we help clients understand the restrictions that apply and, when a restoration petition is available, present evidence supporting good cause. If you want to explore your options for Minnesota firearm rights restoration, contact us today to discuss your situation. 

Questions & Answers About Gun Rights and Domestic Assault 

Can I get my gun rights back after domestic assault?  

Possibly. The answer depends on the conviction, the victim relationship, whether a firearm was used, and whether Minnesota law, federal law, or both prohibit possession. 

How long does a Minnesota firearm restriction last after domestic assault?  

For many domestic assault convictions involving a family or household member, Minnesota law imposes a three-year prohibition. A court can impose a longer restriction when a firearm was used, and federal law may create an additional prohibition. 

Does a misdemeanor domestic assault affect gun ownership?  

Yes. A misdemeanor domestic assault can trigger both Minnesota and federal firearm restrictions, although the duration and available relief depend on the facts and the applicable law. 

Can expungement restore gun rights?  

Not automatically. The effect of an expungement on firearm rights depends on the type of conviction and the state and federal laws creating the prohibition. 

Can someone with a felony restore firearm rights in Minnesota?  

In some cases. A person prohibited under Minnesota law because of a felony crime of violence may petition for restoration under § 609.165 and must show good cause. Separate federal restrictions must also be considered. 

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About the Author: Stephanie Skoro

Stephanie Skoro is a criminal defense attorney who represents clients facing serious felony charges and parents navigating complex child protection matters throughout Minnesota. A former prosecutor, she combines strategic courtroom advocacy with a compassionate, client-centered approach, helping individuals and families navigate some of life's most challenging legal situations. Read Stephanie's Bio.
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