Restoring gun rights under Minnesota law can be complicated, as many factors are at play. Some people can never have their gun rights restored, while others may be able to achieve gun rights restoration. To understand whether you can have your gun rights restored and how to go about it, let us help you while reading the sections below.
Reasons Someone May Lose Gun Rights
Whether you can restore your gun rights under Minnesota law will depend on why they were taken away in the first place. Below are the top reasons someone may lose their firearm rights in the United States:
- Violent crime conviction
- Felony conviction
- Gross misdemeanor or misdemeanor drug possession or sale crime conviction under MN Stat Ꞩ 152.092-095
- Specific gross misdemeanor offenses convection (harassment or stalking)
- Specific misdemeanor domestic assault offenses conviction
- Harassment Restraining Orders and Orders for Protection
Misdemeanor convictions concerning drug possession and sale crimes are the most likely to result in a temporary ban or a permanent ban that the court is willing to revoke. But for violent crimes and felony convictions, it’s much more difficult to restore your gun rights.
There are many hoops violent offenders must jump through to have their gun rights restored, and even then, it’s up to the court to make the final decision. Nothing is guaranteed.
Gun Rights Restoration
Temporary Firearm Ban
If your gun rights have only been revoked for a specified period, they will automatically be restored when the time ends. So if you lost your right to carry a firearm for four years, there is no need to petition to restore your gun rights. They will be restored automatically after four years.
Permanent Firearm Ban
If your gun rights have been permanently revoked, gun rights restoration can be a more difficult process. Permanent bans typically occur when someone has committed a violent crime and received a conviction in court. However, it is still possible to restore your gun rights following a permanent ban, but you will need legal assistance.
The process is called the Restoration of Civil Rights or the Restoration of Firearm and Ammunition Rights. To begin this procedure, you must complete a Petition for Restoration of Firearm and Ammunition Rights.
As mentioned, you must file a Petition for Restoration of Firearm and Ammunition Rights to begin the restoration process. You can file this petition in the county where you were convicted. It’s wise to enlist an attorney with experience in gun restoration cases to help you fill out the petition and begin the process.
If you file a petition and the court denies it, you cannot file again for three years. If you are serious about restoring your gun rights, hire a lawyer. Otherwise, you may have to wait years. At CJB Law, we have the experience and professionals to help anybody that wants to get back their gun rights.
Gun Restoration Decision Factors
Under Minnesota law, there are a few factors a court will consider when reviewing a petition. Consider how the following factors pay into your situation.
You’re more likely to get your gun rights restored after a conviction if you can give the court “good cause”. Good cause means you have a legitimate reason why you need your firearm rights restored. Your good cause could be personal security, employment-related, or hunting-related.
The court will consider the original circumstances of your crime and conviction. This factor is where it helps if your crime was a nonviolent offense. A Minnesota court is far less likely to grant restoration if you have a violent crime conviction.
Other conditions of the original crime can also play a role, such as how long ago it was or Minnesota law changes. If someone petitions for gun rights over ten years after a crime and has not committed any other offenses since they’re more likely to have rights restored.
For example, Minnesota recently legalized the use of recreational marijuana. Someone who had their gun rights revoked due to marijuana possession can likely have them restored.
The court will also take your rehabilitation efforts into account. If you can showcase that you’ve turned your life around and distanced yourself from situations conducive to crime, the court may see you as a rehabilitated person worthy of gun rights.
Rehabilitation efforts can be a stable job, therapy, or community service. They want to see if you’re still in a situation where you may use a gun for the wrong reasons, or if you’re on a new path.
Get Your Gun Rights Restored
Getting your gun rights restored is possible under certain circumstances. As there are many factors to consider, it’s recommended that you consult with a lawyer.
If you need help restoring your gun rights in Minnesota, contact the expert attorneys at CJB Law today for legal assistance, we’ll be more than glad to help.