RESTORING FIREARM RIGHTS IN MINNESOTA
How do You Restore Your Second Amendment Rights in Minnesota?
Restoring your Second Amendment rights to own a firearm can be a difficult, complex process. Many states don’t allow you to restore your firearm rights, or they restore them so infrequently that it doesn’t really matter. Fortunately, Minnesota law provides a method to restore your firearm rights, and they restore them fairly often for those who qualify.
Minnesota law permits those who have had their firearm rights taken away for convictions of “crimes of violence” or felony drug offenses. If your firearm rights were taken away for another conviction, Minn. Stat. § 609.165 will not provide you a way of restoring your firearm rights. If you qualify to restore your firearm rights, the court will weigh a number of factors in deciding whether or not there is good cause to restore your firearm rights.
Our law firm has helped thousands of clients deal with criminal records of every kind, and we hear success stories from them often. If a conviction in Minnesota is holding you back in life, keep reading to see what you can do about it.
This Information Is For You
Since the majority of people reading this aren’t lawyers, we’ve tried to simplify the legal jargon on our website, so regular people may follow along and get the information needed to understand their rights. However, before we get started, we should be clear that some of this information can get complicated, and, in many cases, it’s best to seek the assistance of an experienced lawyer.
To help you understand your rights, our lawyers have developed a tool that can be helpful in figuring out your options. This tool can’t be perfectly accurate in every situation, but our lawyers have invested substantial time and resources working to make it as accurate as possible.
You can get started by using our Secure Eligibility Test, or you can give us a call at (844) 947-3732 to see if our legal staff is available for a free consultation. Be aware that our staff is often busy with current clients and a high volume of calls and appointments. If you’re serious about getting rid of your record, your best bet is to take our secure, confidential Eligibility Test and then schedule an appointment to discuss your results and options.
Can You Get Your Gun Rights Back?
In Minnesota, a conviction for a felony offense of violence imposes a lifetime firearm ban. Felony offenses of violence are set by statute, and include a variety of violent crimes, including all controlled substance related felonies. Fortunately, Minn. Stat. § 609.165 allows those convicted of a crime of violence to petition the court to petition to restore their firearm rights.
To qualify for a restoration of firearm rights under Minn. Stat. § 609.165, both of the following must be true:
You must be released from physical confinement, and
You must show good cause as to why firearm rights should be restored.
In determining whether there is good cause to grant the order, the court will look to several different factors, including:
The length of time since the crime was committed;
Your complete criminal record;
The nature of the crime and its seriousness;
Your reasons for seeking restoration of rights;
Any risk you may pose to society or specific persons;
Your employment record and community involvement;
Stability in housing and employment;
Recommendations from law enforcement, prosecutors, and victims;
Aggravating or mitigating factors relating to the underlying crime.
- Your Rights Must Have Been Taken Away for One of These Crimesexpand_more
Firearm rights are restricted in Minnesota for felony “crime of violence” convictions, which…. As stated before, the ban is for a lifetime, but those with any of the below offenses may petition for restoration.
In Minnesota, "Crime of Violence" means felony convictions of the following offenses:Assault and Other Violent Crimes
Aiding suicide and aiding attempted suicide (Minn. Stat. 609.221)
Riot (Minn. Stat. 609.71)
Terroristic threats (Minn. Stat. 609.713)
Solicitation, inducement, and promotion of prostitution; sex trafficking (Minn. Stat. 609.322)
Burglary in the first and second degrees (Minn. Stat. 609.582, subdivision 1 or 2)
Most Felony drug crimes (Minn. Stat. Chapter 152)
Use of drugs to injure or facilitate crime (Minn. Stat. 609.235)
Crimes committed for the benefit of a gang (Minn. Stat. 609.229)
Commission of crime while wearing or possessing a bullet-resistant vest (Minn. Stat. 609.486)
Drive-by shooting (Minn. Stat. 609.66, subdivision 1e)
Unlawfully owning, possessing, operating a machine gun or short-barreled shotgun (Minn. Stat. 609.67)
Involving theft of a firearm and theft involving the theft of a controlled substance, an explosive, or an incendiary device (Minn. Stat. 609.52)
Shooting at a public transit vehicle or facility (Minn. Stat 609.855, subdivision 5)
Domestic assault by strangulation (Minn. Stat. 609.2247)
Domestic assault (Minn. Stat. 609.2242)
Stalking (Minn. Stat. 609.749)
Malicious punishment of a child (Minn. Stat. 609.377)
Neglect or endangerment of a child (Minn. Stat. 609.378)
Attempt to commit any of these offenses is included. This includes felonies later deemed gross misdemeanors or misdemeanors pursuant to Minn. Stat 609.13.
- Restoring Your Gun Rights Is Discretionaryexpand_more
Ultimately, the decision to restore firearm rights is discretionary and a judge has the final say in whether to restore your firearm rights. The process for requesting restoration of firearm rights can be complicated and can required a lot of work. Furthermore, if your petition is denied, you must wait three more years before you can re-file for restoration of your rights. You want to make sure that your petition for restoration of firearm rights is done right the first time.
- Federal Fierarm Lawsexpand_more
The Federal Gun Control Act, codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, and includes any person: p>Under Minnesota law, certain felonies are eligible for the expungement of their records. These felonies are outlined in Minnesota Statute § 609A.02. If the petitioner was convicted of one of the following felonies and has remained conviction-free for the previous five years, then he or she will be eligible for an expungement.
who is a fugitive from justice;
who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);
who has been adjudicated as a mental defective or has been committed to any mental institution;
who is an illegal alien;
who has been discharged from the Armed Forces under dishonorable conditions;
who has renounced his or her United States citizenship;
who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner;
who has been convicted of a misdemeanor crime of domestic violence.
Two of the most common issues that prevent people from restoring their firearm rights under federal law are: (i) misdemeanor and felony domestic violence charges; and (ii) federal felony convictions. Currently, it is incredibly difficult to deal with a federal convictions, and your only real option is obtaining a Presidential Pardon. Misdemeanor or felony domestic violence convictions are more complicated.
Legal Effect Of Restoring Your Firearm Rights
If your petition for relief is granted, your firearm rights should be restored under both Minnesota and federal law. There are different ways to have your firearm rights restricted under federal or Minnesota law, and it is very important to understand why your rights were taken away before beginning this process. It should be noted that you can almost never restore firearm rights based on federal convictions.
Restoring firearm rights involves both state and federal law that should be handled by an experienced lawyer. The lawyers in our firm regularly handle complex firearm rights restoration issues, so a good first step in exploring whether you can restore your firearm rights would be to take our Secure Eligibility Test. Then, if appropriate, set up a time to speak with our legal staff about how to proceed.
What Do You Need to Do to Restore Your Rights?
If you want to restore your firearm rights, in Minnesota reach out to us by taking our Secure Eligibility Test or by giving us a call at (844) 947-3732. Our law firm has helped thousands of people with criminal records move on in life, leaving many of the negative effects of a criminal record behind. Our experienced attorneys and legal staff are here to help you figure out what criminal record clearing services best fit your needs, and then help you accomplish your goals. Using our secure, confidential Eligibility Test is the best way to get the process started.
We Are Here to Help
WipeRecord with Eastman Meyler, PC is here to help you navigate the very specific part of Minnesota criminal law, fight to protect your rights, and assist you in restoring your Second Amendment right to own a firearm.
You can trust that you will get exceptional service from our law firm, as we have an A Rating from the Better Business Bureau, and prestigious attorney rating services such as Thompson Reuters and Avvo list our attorneys as Super Lawyers and Superb Attorneys. Our law firm has attorneys licensed to practice law in all Minnesota state courts, provides low price guarantees, and is here to fight for you and put your criminal record behind you!