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Restoration of Civil Rights to Firearms in Minnesota

Gun laws in Minnesota are a complex web of Minnesota state and federal statutes and court rulings.  Information provided here is intended to help those seeking information and researching the laws.  The information here is intended to assist in those efforts, but is not intended to be complete, or to represent any kind of legal advice.  A lawyer can only provide legal advice to after the client consults the lawyer, and provides information upon any advice would be based, and an opportunity for the lawyer to research the law based upon the known facts.  With that in mind, we offer the following information.

Minnesota Statutes 609.165 "Restoration of civil rights; possession of firearms" provides:


Subd. 1a. Certain convicted felons ineligible to possess firearms.
The order of discharge must provide that a person who has been convicted of a crime of violence, as defined in section 624.712, subdivision 5, is not entitled to ship, transport, possess, or receive a firearm for the remainder of the person's lifetime.  Any person who has received such a discharge and who thereafter has received a relief of disability under United States Code, title 18, section 925, or whose ability to possess firearms has been restored under subdivision 1d, shall not be subject to the restrictions of this subdivision.

Subd. 1b.  Violation and penalty.
(a) Any person who has been convicted of a crime of violence, as defined in section 624.712, subdivision 5, and who ships, transports, possesses, or receives a firearm, commits a felony and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both. ...

(c) The criminal penalty in paragraph (a) does not apply to any person who has received a relief of disability under United States Code, title 18, section 925, or whose ability to possess firearms has been restored under subdivision 1d.

Subd. 1d. Judicial restoration of ability to possess firearm by felon. 
A person prohibited by state law from shipping, transporting, possessing, or receiving a firearm because of a conviction or a delinquency adjudication for committing a crime of violence may petition a court to restore the person's ability to possess, receive, ship, or transport firearms and otherwise deal with firearms.

The court may grant the relief sought if the person shows good cause to do so and the person has been released from physical confinement.

If a petition is denied, the person may not file another petition until three years have elapsed without the permission of the court.

Subd. 2.  Discharge.
The discharge may be:
(1) by order of the court following stay of sentence or stay of execution of sentence; or
(2) upon expiration of sentence.


The above Minnesota statutory section may be of interest to people researching this question.

Keep in mind that other Minnesota laws, and federal laws, could create a loss of civil rights to firearms based upon a criminal conviction.  For example, most convictions for crimes with a domestic relationship element may create a legal disability and loss of civil rights to firearms
under federal law.


© 2009 Thomas C Gallagher, Attorney, 310 Fourth Avenue South, Suite 8000, Minneapolis Minnesota  55415

Call:  612-333-1500 to Inquire About a Free In-Office Case Evaluation (up to one-half hour).

Nothing on this website is legal advice. Only a lawyer fully informed about the facts of your potential case, after research of relevant law, can be in a position to give legal advice. Information here is for general information.

Serving The People of the local Mpls - St Paul Twin Cities metropolitan area in Hennepin County, Ramsey County, Anoka, Wright, Carver, Scott, Dakota, and Washington Counties (greater Minnesota only upon special consideration).

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