Gun Rights Restoration in Minnesota

A 2016 Supreme Court decision, Voisine v. United States, put gun rights in the news once again. This decision affirmed federal law that triggers the loss of Second Amendment rights – the right to bear arms – in the case of certain domestic-abuse convictions, including misdemeanor convictions. Justice Clarence Thomas dissented in this case, writing that we treat “no other constitutional right so cavalierly . . . the Government could not identify any other fundamental constitutional right that a person could lose forever by a single conviction for an infraction punishable only by a fine.”

If you have lost your right to possess firearms and ammunition in the state of Minnesota, through either state or federal law, the restoration of your Second Amendment rights can be complicated. It’s important to understand the gun-rights restoration process, because if you are caught possessing a firearm while ineligible to do so, you may be charged with a crime punishable by fines and jail time.

The following are classes of individuals who may be prohibited from possessing firearms (for a full list of those ineligible in Minnesota, see Minn. Stat. §624.713):
– Some minors under 18 years of age
– Convicted felons
– Illegal drug users or those who are chemically dependent
– Those charged with, or convicted of, a “crime of violence” as defined by Minn. Stat. §624.712, subd. 5.
– Domestic violence offenders
– Fugitives
– Individuals who have been dishonorably discharged from the armed services
– People who have renounced their citizenship

The path to gun-rights restoration will differ based on how those rights were lost. Under Minnesota law, some of those who have lost their gun rights by reason of a felony conviction will have their civil rights, including gun rights, restored automatically upon the completion of all conditions of their felony sentence, including a successful discharge from probation (if applicable). (see Minn. Stat. §609.165). There are also certain misdemeanor and gross misdemeanor convictions that may result in a temporary loss of gun rights, which would be restored automatically three years from the relevant conviction, unless the individual were convicted of a similar crime during that same three-year period.

If, however, the felony conviction was for a “crime of violence,” then the ban on gun ownership lasts for the individual’s lifetime (see Minn. Stat. §242.31, subd. 2a). But in those cases it is still possible to have your gun rights restored through a petition to the court to restore the right to possess firearms. This petition may only be granted “if the person shows good cause to do so and the person has been released from physical confinement” (Minn. Stat. §609.165, subd. 1d). Even if the petitioner is able to demonstrate good cause, the court still has the discretion to deny the petition. If the petition is denied, one may not petition for gun-rights restoration again for three years. Because of this limitation, it is important to find an attorney who is knowledgeable about the process to restore your gun rights.

It is also possible to receive a lifetime ban (via federal law) if an individual is convicted of a misdemeanor crime of domestic violence (see 18 U.S.C. §922(g)(9)). Crimes that trigger this ban are those that are committed by a “current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent, or guardian, or by a person similarly situation to a spouse, parent, or guardian of the victim” (see 18 U.S.C. §922(g)(9)), and that include, as an element, the use or attempted use of physical force or threated use of a deadly weapon. This means that a misdemeanor domestic assault conviction in Minnesota may result in a lifetime ban on firearm ownership. And if this does occur, gun rights can only be restored if the defendant successfully petitions the court for an expungement or receives a pardon (see 18 U.S.C. §921(a)(33)(B)(ii)).

If you value your right to possess a firearm, it’s important to be represented by an attorney who knows how your conviction may affect your Second Amendment rights. If you have lost your gun rights as a result of a previous conviction, give us a call today at (612) 730-1738; we will fight vigorously to restore YOUR civil rights.