Losing your right to own a firearm due to a criminal conviction can have long-term consequences. In Minnesota, there are legal avenues for restoring firearm rights, but the process can be complicated, particularly because state and federal laws do not always align. Just because Minnesota restores your right to own a gun does not necessarily mean you are legally allowed to possess one under federal law. This legal conflict can create confusion—and serious risks—for those seeking to regain their Second Amendment rights.

At Brodin Legal, we understand the complexities of state and federal firearm laws and work to help individuals navigate the restoration process without running into unexpected legal barriers. If you have lost your gun rights in Minnesota and want to restore them, it is essential to understand how state and federal laws interact and what steps you need to take to avoid legal trouble.

How Gun Rights Are Lost in Minnesota

In Minnesota, individuals can lose their right to possess firearms for various reasons, with the most common being a felony conviction or certain misdemeanor domestic violence offenses. Under state law, someone convicted of a felony is automatically prohibited from owning or possessing firearms unless those rights are later restored. In some cases, individuals subject to domestic violence protective orders may also face temporary or permanent firearm restrictions.

Federal law, however, has its own set of regulations that go beyond Minnesota’s restrictions. Under the Gun Control Act of 1968 (18 U.S.C. § 922(g)), individuals are federally prohibited from possessing firearms if they have been convicted of a felony, a domestic violence offense, or are under a restraining order for domestic abuse. Even if Minnesota restores an individual’s gun rights, federal law may still prohibit them from owning a firearm, depending on the nature of their conviction and whether their civil rights have been fully reinstated.

How Minnesota Restores Gun Rights

Minnesota law provides a few pathways for restoring gun rights. In some cases, firearm rights are automatically restored upon completion of a sentence, including probation or parole. For certain non-violent felony convictions, once all sentencing requirements are met, the person may regain their gun rights without taking further legal action.

However, for individuals subject to a lifetime firearm ban, such as those convicted of violent felonies or certain domestic-related offenses, a more involved legal process is required. These individuals must file a petition for gun rights restoration with the court in the county where they were convicted. The court will review various factors, including the nature of the original offense, rehabilitation efforts, time elapsed since the conviction, and whether restoring gun rights would pose a risk to public safety. If the judge grants the petition, the person’s firearm rights are restored under Minnesota law.

While this process can successfully reinstate gun rights at the state level, federal restrictions may still apply. This is where many individuals run into legal complications when attempting to purchase or possess a firearm.

Why Federal Law May Still Prohibit Gun Ownership

Although Minnesota courts can restore firearm rights, federal law does not always recognize state-level restorations. One of the most significant legal challenges arises when an individual was convicted of a felony punishable by more than one year in prison. Under federal law, such individuals are permanently barred from owning a firearm unless their civil rights—including voting, jury service, and gun ownership—are fully restored.

Minnesota’s restoration process does not always restore all civil rights. In some cases, a judge may grant a firearm rights petition without reinstating other civil rights, such as voting or holding public office. If that happens, federal law still considers the individual prohibited from possessing firearms, even though Minnesota law allows them to own one. This discrepancy puts individuals at risk of unknowingly violating federal law, which can result in severe penalties, including up to 10 years in federal prison.

Options for Restoring Gun Rights at the Federal Level

Unfortunately, there is no straightforward process for restoring gun rights under federal law. Unlike Minnesota, where individuals can petition the court for restoration, federal law does not provide a direct petition process for restoring firearm rights. There are only a few potential options for overcoming a federal firearm ban.

One option is to seek a presidential pardon, which, if granted, can restore federal firearm rights. However, presidential pardons are extremely rare and difficult to obtain. Another potential avenue is expungement or clemency of the original conviction. If the state expunges a conviction or grants clemency, it may eliminate the federal prohibition, but not always. Even with an expungement, federal agencies may still argue that the firearm restriction remains in place, making it crucial to have an attorney review your case.

In some situations, individuals have successfully challenged federal firearm prohibitions in court, arguing that their state-level restoration should be honored under federal law. However, these cases are complex, highly specific, and require an experienced legal team to navigate successfully.

Why You Need an Attorney for Gun Rights Restoration

The differences between Minnesota and federal firearm laws make the restoration process more complicated than many people realize. Simply getting a state judge to approve gun rights restoration does not always mean you are legally allowed to possess a firearm under federal law. This discrepancy can lead to serious legal consequences, including federal felony charges for unlawful possession.

At Brodin Legal, we take a comprehensive approach to gun rights restoration by analyzing both state and federal laws to determine the best course of action. Our team ensures that clients understand the full implications of their restoration process, helping them avoid costly legal mistakes. If federal law still prohibits firearm possession, we explore alternative legal options, including expungement, clemency, or constitutional challenges, to fully restore Second Amendment rights.

Take the Right Steps to Restore Your Gun Rights

Restoring your firearm rights in Minnesota can be a multi-step process that requires careful legal analysis and adherence to both state and federal laws. While Minnesota may approve a restoration petition, federal restrictions can still apply, creating potential risks for those unaware of the legal distinctions. Before attempting to own or purchase a firearm, it is essential to have an attorney review your case and ensure full compliance with all applicable laws