Does a DWI Affect Your Gun Rights in Minnesota?

If you own firearms and you are facing a DWI, the stakes feel higher than a fine or a license suspension. The good news is that for the vast majority of Minnesota DWI cases, your right to own a gun is not in jeopardy. The risk is concentrated in one specific situation, and even that situation is usually fixable. This guide explains exactly when a DWI touches your gun rights, when it does not, and how to get those rights back if you lose them.

Does a DWI affect your gun rights in Minnesota?

In most cases, no. A typical DWI in Minnesota is a misdemeanor or gross misdemeanor, and those convictions do not strip your right to own or carry a firearm under either Minnesota or federal law. The only DWI that prohibits firearms is a first-degree DWI, which is a felony.
The reason comes down to how the law classifies offenses. Federal law only bans firearm possession for crimes punishable by more than one year in prison, and Minnesota’s lifetime firearm ban applies to “crimes of violence.” A standard DWI clears neither bar, so your gun rights stay intact.

Which DWI charges do not affect gun rights?

Fourth-, third-, and second-degree DWIs do not prohibit firearms. A fourth-degree DWI is a misdemeanor with a maximum of 90 days, and second- and third-degree DWIs are gross misdemeanors capped at 364 days. Because each maximum sits below the one-year federal felony threshold, none of them makes you a prohibited person.
These convictions still appear on a background check, and they carry real consequences for your license, insurance, and record. But the background check itself will not block a firearm purchase based on a non-felony DWI. For how the degrees are defined, see our complete guide to Minnesota DWI laws.

When does a DWI take away your gun rights?

A first-degree DWI takes away your gun rights, because it is a felony punishable by up to seven years. A felony conviction triggers a firearm prohibition under both federal law, 18 U.S.C. § 922(g), and Minnesota law, Minn. Stat. § 624.713.
You generally reach first-degree DWI only as a repeat offender: three or more qualified impaired-driving incidents within Minnesota’s lookback period, a prior felony DWI, or a prior criminal vehicular homicide or operation conviction. Because Minnesota recently expanded that lookback window, older DWIs can count toward felony status longer than they used to, which we cover in our guide to the 2025–2026 Minnesota DWI law changes. A single DWI almost never becomes a felony. See first-degree DWI for the full criteria.

Why DWI is treated differently from a “crime of violence”

This is the distinction that protects DWI defendants. Minnesota’s lifetime firearm ban applies to a defined list of “crimes of violence” in Minn. Stat. § 624.712, subdivision 5, and DWI is not on that list. So while a felony DWI prohibits firearms, it does not carry the permanent, hard-to-undo ban that a violent felony does.
That single fact changes everything about restoration. The table below shows how each DWI level is treated.

DWI level	Classification	Maximum penalty	Affects gun rights?
Fourth-degree DWI	Misdemeanor	90 days	No
Third-degree DWI	Gross misdemeanor	364 days	No
Second-degree DWI	Gross misdemeanor	364 days	No
First-degree DWI	Felony	7 years	Yes — until rights are restored
Criminal vehicular homicide / operation	Felony	Varies (injury or death)	Yes — and may qualify as a crime of violence

Can you buy a gun with a DWI charge pending?

It depends on the level of the charge. While a felony DWI charge is pending, you cannot legally receive, transport, or buy a firearm, because both Minnesota and federal law restrict purchases by anyone currently charged with a crime punishable by more than a year. A pending misdemeanor or gross misdemeanor DWI does not impose that block.
So if you are facing a first-degree DWI, hold off on any firearm purchase until the case resolves, and talk to your attorney about how a plea to a lower degree could preserve your rights entirely.

Special cases: drug-related DWI and vehicular charges

Two related situations can change the analysis. A DWI based on a controlled substance, or charged alongside a chapter 152 drug offense, can trigger a separate Minnesota firearm ban: a misdemeanor or gross misdemeanor drug conviction bars firearms for three years. We cover that overlap in whether a felony drug charge affects your gun rights.
The second is criminal vehicular homicide or operation, which applies when impaired driving causes death or injury. These are serious felonies, and unlike a standard DWI, they can be treated far more harshly for firearm purposes. If injury or death is involved, the gun-rights stakes are significantly higher.

How to restore gun rights after a felony DWI

Because DWI is not a crime of violence, restoration is comparatively straightforward. Under Minn. Stat. § 609.165, your civil rights are restored when you are discharged from your sentence, which includes finishing probation, paying fines, and completing any ordered treatment. For a non-violent felony like DWI, that discharge restores firearm rights without the separate petition a violent felony would require.
The federal side usually follows the state restoration, but the analysis is fact-specific, so confirm your status before you possess a firearm again. Our team handles this through our gun rights restoration practice, and you can read the full process in how a non-violent felon can get gun rights back and how to check if your rights have been restored.

The bottom line

For nearly every Minnesota DWI, your gun rights are safe. The danger zone is a single charge — first-degree felony DWI — and because the law does not classify DWI as violent, even that loss is usually temporary. The smartest move if you own firearms and are facing a serious or repeat DWI is to fight the felony level itself, because keeping the conviction at a gross misdemeanor keeps your gun rights intact from the start.

FAQs

Does a first DWI affect gun rights in Minnesota?

No. A first DWI is almost always a fourth-degree misdemeanor or a gross misdemeanor, and neither prohibits firearms under Minnesota or federal law. Gun rights are only at risk at the first-degree felony level, which generally requires multiple prior impaired-driving incidents.

Can I buy a gun with a DWI on my record?

Usually yes. A misdemeanor or gross misdemeanor DWI shows up on a background check but does not disqualify you from buying a firearm. Only a felony DWI conviction results in denial, and only while you remain a prohibited person.

Does a felony DWI permanently take away gun rights?

No. A first-degree felony DWI prohibits firearms, but because Minnesota does not treat DWI as a crime of violence, your rights can be restored when you are discharged from your sentence under Minn. Stat. § 609.165, without the separate petition a violent felony requires.

Is DWI a crime of violence in Minnesota?

No. DWI is not listed as a crime of violence under Minn. Stat. § 624.712, subdivision 5. That distinction is why a felony DWI does not carry the permanent firearm ban that applies to violent felonies, and why restoration is more straightforward.

How do I restore my gun rights after a felony DWI?

For a non-violent felony like DWI, completing your sentence and being discharged restores your civil rights, including firearms, under Minn. Stat. § 609.165. Confirm both your Minnesota and federal status before possessing a firearm, and an attorney can verify the restoration for you.