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Restoration of Gun Rights In Minnesota

In Minnesota, those who have had their gun rights revoked have the opportunity to restore them. The restoration process involves filing a petition with the court and demonstrating that the individual is eligible to possess firearms under federal and state law. This process can be complex and requires the assistance of legal professionals who specialize in gun rights restoration. 

What crimes cause the loss of firearms rights in Minnesota?

Minnesota law provides that certain persons are not to possess firearms.  The reasons an otherwise eligible person may have their rights removed include:

  • Conviction of a crime of violence
  • Conviction of a felony
  • Conviction of a gross misdemeanor or misdemeanor drug possession or sale crime under Stat. 152
  • Conviction of certain gross misdemeanor offenses including harassment or stalking
  • Conviction of certain misdemeanor domestic assault offenses
  • Subject to certain Harassment Restraining Orders and Orders for Protection

How long will I lose my rights?

The length of a firearm right revocation depends on the type and severity of the offense.  Typically, the revocation lasts for three years or a lifetime.  The conviction for a felony that is not a crime of violence results in a restriction period that ends upon completion of the sentence or discharge from probation, whichever comes later.  Lifetime bans are the result of a conviction of a crime of violence (but applies only to those who are discharged from their sentence or court supervision on or after August 1, 1993).

How does the firearms restoration process work?

If your Minnesota gun rights have been revoked, the only way to have your firearms rights restored is to petition the court. A petition can be filed in any county and will allow for your case to be heard by a judge.

To qualify for a restoration of firearm rights under Minn. Stat. § 609.165, both of the following must be true: 

  • The person has been released from physical confinement, and 
  • The person shows 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.