On its face, the Second Amendment protects an individual’s right to keep and bear arms. But state and federal courts have established that this is a limited right and one that is subject to removal upon the conviction of certain crimes. This article will provide information on what may cause an individual to lose their gun rights in Minnesota and answer some of the deeper questions folks often have regarding complicated restoration laws.
What crimes cause the loss of firearms rights in Minnesota?
Minnesota law prohibits several categories of people from possessing firearms or ammunition, and the length and scope of the restriction depend on the reason for the prohibition. Criminal convictions that can affect firearm rights include certain felony offenses classified as “crimes of violence,” certain controlled substance offenses, and qualifying domestic assault and other violent offenses.
Firearm restrictions can also arise in circumstances that do not involve a criminal conviction, including certain court orders and other legal disqualifications. Because Minnesota and federal firearm laws overlap, whether a particular conviction or court order prohibits firearm possession should be evaluated based on the specific circumstances rather than simply whether the offense was labeled a felony, gross misdemeanor, or misdemeanor.
How long will I lose my rights?
The length of a firearm restriction depends on the reason a person became ineligible to possess firearms. Some restrictions last for a defined period, while a person convicted of an offense that qualifies as a “crime of violence” under Minnesota law is generally prohibited from possessing firearms or ammunition for life unless firearm rights are restored. Because the applicable restriction depends on the specific conviction or other disqualifying circumstance, it is important to determine which provision of Minnesota law applies before assuming firearm rights have automatically returned.
Over time, the offenses that are considered crimes of violence have changed. For example, theft of a motor vehicle has not been considered a crime of violence since 2014. In 2020, the Minnesota Supreme Court held that individuals that were convicted of this offense prior to the change in statute are given the benefit of the amended statute and not subject to the lifetime ban. But, individuals who were subject to a ten-year ban under the previous version of the crime of violence provision (which was amended in 2003) are now subject to a lifetime ban.
If I lost my firearm rights under federal law, how does Minnesota law apply?
Federal law imposes its own restrictions on firearm possession, and those restrictions do not always mirror Minnesota law. A person may therefore need to consider both state and federal law when determining whether firearm rights have been restored. The effect of a Minnesota restoration order on a federal firearm prohibition can depend on the underlying conviction and the particular federal restriction involved, making it important to evaluate both sets of laws before possessing or attempting to purchase a firearm.
After a conviction for a crime of violence, Minnesota law allows courts to restore gun rights if there is “good cause” shown. Minnesota courts have held that society’s interest in public safety is the most significant factor a court should consider and that the private versus public benefit analysis articulated in the Minnesota expungement statute is “highly relevant.”
What if I was convicted of a crime in another state?
The simplest answer to this question is, “it depends.”
Under Minnesota law, loss of Minnesota firearm rights occurs if a person is convicted in Minnesota or in another state of the same or similar law. Minnesota can only restore rights in this state based on convictions that occurred here. Depending on where the conviction occurred, and the laws of that state, it may be possible to have rights restored in the original state and then apply for a permit in Minnesota.
Do lost gun rights automatically restore or do I need to petition the court to have them returned?
Some firearm restrictions expire after a period established by law, while others continue indefinitely unless a court restores the person’s rights. Whether firearm rights return automatically depends on the particular conviction or other circumstance that caused the prohibition. A person should therefore confirm that the applicable state and federal restrictions have ended before possessing or attempting to purchase a firearm.
A person who is subject to a lifetime ban as a result of a crime of violence conviction must have their rights restored via a specific court order. A firearm restoration order is generally pursued by filing a petition with the court and demonstrating good cause for restoration.
How to Get Your Gun Rights Back in Minnesota
If you’re wondering how to get your gun rights back after a Minnesota conviction, the first step is determining why your firearm rights were lost and whether the restriction is temporary or indefinite. Not every conviction affects firearm rights in the same way, and not every person who has lost those rights needs to follow the same restoration process.
For someone prohibited from possessing firearms because of a Minnesota crime-of-violence conviction, state law provides a process for petitioning the court to restore firearm rights. The person must have been released from physical confinement, and the court may grant the petition if the person can demonstrate “good cause” for restoration.
There is no automatic guarantee that a petition will be granted. A court considering restoration can look at the circumstances of the original offense as well as what has happened since the conviction. That makes the facts and supporting evidence presented with a petition particularly important.
Can a Felon Get Their Gun Rights Back in Minnesota?
The answer depends on the conviction. Someone asking “can a felon get his gun rights back in Minnesota?” should not assume that every felony results in the same firearm restriction.
For certain felony convictions, firearm eligibility may return following discharge from the sentence. A person convicted of a Minnesota offense classified as a “crime of violence,” however, is generally prohibited from possessing firearms for life unless the person’s rights are restored through the applicable legal process.
This distinction also explains why there isn’t one answer to “how long before a convicted felon can own a gun in Minnesota?” The nature of the conviction matters. Before possessing or attempting to purchase a firearm, it is important to confirm that both Minnesota and federal law permit you to do so.
What Does a Court Consider in a Gun Rights Restoration Case?
A successful petition requires more than simply telling the court that you want your felon gun rights restored. Minnesota law requires good cause, and the circumstances supporting restoration will vary from person to person.
Depending on the case, relevant information may include the amount of time that has passed, the person’s conduct since the conviction, compliance with probation or other court requirements, rehabilitation, employment and community involvement, and the reason firearm restoration is being requested.
A gun rights restoration lawyer in Minnesota can review the original conviction, determine which state restrictions apply, identify potential federal-law issues, and help prepare the evidence supporting the petition. If a restoration petition is denied, Minnesota law generally requires the person to wait three years before filing another petition unless the court gives permission to file sooner.
Does Expungement Restore Gun Rights in Minnesota?
No. An expungement and restoration of firearm rights are separate forms of legal relief. Expunging the record of a conviction that resulted in a firearm prohibition does not, by itself, restore the person’s ability to possess firearms.
Where can I get more information?
As you can see, these are complicated issues. If you or a loved one has lost your right to possess a firearm, you need the assistance of an experienced firearm attorney to walk you through the law and process of restoration. The firearm lawyers at Sieben Edmunds Miller are happy to answer any questions you may have and discuss whether you might be a good candidate for firearm restoration.
