Gun rights restoration is a complex legal issue that involves the interplay between state and federal laws. For individuals who have lost their right to own or possess firearms due to a conviction, navigating the process to regain those rights can be challenging. While state laws often provide pathways for restoring firearm rights, federal law also plays a critical role in determining whether someone can legally possess a firearm again. In this blog, we’ll explore the intersection of state and federal gun laws and how they impact the process of restoring firearm rights in Minnesota.
State vs. Federal Gun Laws: How They Interact
At the heart of the issue of gun rights restoration is the relationship between state and federal laws. Both state and federal governments have the authority to regulate firearm possession, and individuals who have lost their gun rights must comply with both sets of laws to lawfully own or possess a firearm.
In some cases, an individual may successfully restore their gun rights under Minnesota gun laws, only to find that they are still prohibited from owning or possessing a firearm under federal law. Understanding the nuances of how state and federal laws intersect is crucial for anyone seeking to restore their gun rights.
Minnesota Gun Rights Restoration
In Minnesota, individuals convicted of certain crimes, particularly violent felonies, lose their right to own or possess firearms for life. However, Minnesota law allows for the restoration of gun rights under certain circumstances. Depending on the type of conviction, the waiting period and requirements for restoration may vary.
For example, non-violent felony convictions in Minnesota may result in a temporary prohibition on firearm possession, with the possibility of restoration after the completion of the sentence and a demonstration of rehabilitation. For violent felonies, the restrictions are typically more severe, and the process for gun rights restoration in Minnesota may require a petition to the court.
Federal Firearm Laws and Their Impact on Gun Rights Restoration
While state law governs the restoration of gun rights at the state level, federal law imposes additional restrictions on firearm possession. Under federal law, individuals convicted of a felony or certain misdemeanor domestic violence offenses are prohibited from possessing firearms. This prohibition is found in the Gun Control Act of 1968 (18 U.S.C. § 922), which bars individuals from owning or using firearms if they have been convicted of a crime punishable by imprisonment for more than one year.
Even if an individual has had their firearm rights restored under state law, federal law may still prevent them from legally possessing a gun.
The Intersection of State and Federal Laws in Gun Rights Restoration
The key challenge for individuals seeking to restore their gun rights lies in the intersection of state and federal laws. In some cases, an individual may meet all the requirements for gun rights restoration under Minnesota law, but federal law may continue to bar them from firearm possession.
This often happens when Minnesota courts restore an individual’s gun rights without explicitly overturning the conviction or reducing it to a non-disqualifying offense. Under federal law, for gun rights to be fully restored, the individual’s civil rights—such as the right to vote, hold public office, and serve on a jury—must also be restored. In other words, federal law requires that the restoration of gun rights include the full restoration of all civil rights lost due to the conviction.
If this condition is not met, even a state-level restoration of gun rights will not be sufficient to lift the federal firearm prohibition.
Federal Gun Rights Restoration in Minnesota
Federal law does provide a mechanism for the restoration of gun rights under specific circumstances, but this process is notoriously difficult. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has the authority to restore federal firearm rights, but for many years, the federal government has refused to fund this program, making it nearly impossible for individuals to apply for federal gun rights restoration.
Because of this funding issue, the only other option for many individuals is to seek a presidential pardon, which is an extraordinarily rare and difficult process. As a result, most people seeking to restore their gun rights focus on Minnesota gun rights restoration under state law and hope that the restoration will comply with federal standards.
How an Attorney Can Help Navigate State and Federal Gun Laws
Given the complexity of state and federal gun laws, it’s crucial to work with an experienced attorney when seeking gun rights restoration. An attorney familiar with both Minnesota’s restoration process and federal firearm laws can help ensure that your petition for restoration meets the necessary legal standards for both state and federal compliance.
At Sieben Edmunds Miller, our team of MN gun law attorneys understands the intricate relationship between state and federal laws and can guide you through the process. We will help you gather the necessary evidence to demonstrate rehabilitation, complete your petition, and ensure that your rights are restored in full compliance with both state and federal law.
Key Considerations for Restoring Gun Rights
- Type of Conviction: Certain convictions, particularly violent felonies or domestic violence crimes, make it more difficult to restore firearm rights at both the state and federal levels. The nature of your conviction will play a significant role in determining whether restoration is possible.
- Restoration of Civil Rights: Federal law requires the restoration of all civil rights, including the right to vote, hold public office, and serve on a jury, before an individual can possess firearms under federal law. Make sure that your civil rights have been fully restored if you plan to pursue gun rights restoration.
- Court Petition Process: In Minnesota, restoration often requires filing a petition with the court and demonstrating that you have completed your sentence and led a law-abiding life. The court will evaluate your case and may require additional documentation or a hearing.
- Impact of Federal Prohibition: Even if you succeed in restoring your gun rights at the state level, you must also ensure that your restoration complies with federal law to avoid potential criminal charges for illegal firearm possession.
Experienced Gun Law Attorneys
Restoring your gun rights in Minnesota is sometimes possible, but it requires careful navigation of both state and federal laws. While Minnesota law provides pathways for restoring firearm rights, federal law imposes additional restrictions that must be addressed to fully restore your right to own or possess a firearm.
If you are seeking federal firearm rights restoration or have questions about how Minnesota and federal laws interact in your case, contact Sieben Edmunds Miller. Our experienced MN gun law attorneys are here to help you understand your options and guide you through the process of regaining your rights.
