Under Minnesota Statute 624.713, Subd. 1, many convictions will result in an inability to possess ammunition or any firearm for a specified period of time. Many timeframes are based on the date of conviction, though some may be imposed with a sentencing order.
However, under Minnesota Statute 609.165, Subd. 1a, a person convicted of a felony crime of violence is ineligible to possess a firearm for life. The convictions that fall under this statute range from riot, harassment, and theft of a controlled substance to robbery, kidnapping, manslaughter, and murder.
Under Federal law, conviction of any felony and certain misdemeanors carries a lifetime ban unless the right is explicitly restored by state jurisdiction.
When you lose your right to possess a firearm, it does not encompass things like BB guns, paintball guns, or flare guns. Instead, the Minnesota Supreme Court has held that the definition firearms, under these statutes, is inherently limited to “weapons” designed for “attack or defense.”
If you receive a lifetime restriction for a crime of violence, you may petition the court to restore your right to own a firearm. This petition may be granted by the court if there is “good cause” to do so and the person petitioning the court is not under physical confinement. This often relies heavily on evaluating the balance between private benefits and public safety. If the petition is denied you cannot re-petition the court until 3 years later.
You must petition the court for this restoration. An expungement, while sealing your criminal record, will not automatically restore your gun rights.
If you have questions about restoring your gun rights, contact our attorneys today.