If you’ve been accused or convicted of domestic assault in Minnesota, one of your biggest concerns may be: “Will I lose my right to own a gun?” The short answer is yes—in many cases, you will. But the full picture is more complicated, especially when it comes to how state and federal laws overlap.
This article breaks down what you need to know, in plain language, about how domestic assault impacts your firearm rights. If you’re wondering, does domestic assault affect my firearm rights, you’ll find the answer and legal guidance throughout this page.
What Is Considered Domestic Assault In Minnesota?
Under Minnesota law, domestic assault includes:
- Inflicting bodily harm on a family or household member
- Threatening them with fear of immediate harm or death
Even if no one is physically hurt, a conviction for making someone fear harm still counts as domestic assault.
Immediate Impact: Firearm Restrictions After Charges Are Filed
If you’re charged with domestic assault, you can lose your right to possess firearms before you’re even convicted.
- A Domestic Abuse No Contact Order (DANCO) is often issued by the court after an arrest.
- DANCOs typically ban you from possessing firearms while the order is in effect.
Key Point: You don’t need a conviction to temporarily lose your gun rights—being charged may be enough.
The Lautenberg Amendment: Permanent Federal Gun Ban
The Lautenberg Amendment is a federal law that bans anyone convicted of a misdemeanor crime of domestic violence from owning or possessing guns for life.
To trigger this ban, your conviction must involve:
- Physical force (actual harm)
- A domestic relationship (spouse, partner, parent, cohabitant, or shared child)
Important: Not all Minnesota domestic assault convictions meet the federal definition. If your case involved only threats (fear) and no physical harm, you may not be federally prohibited from owning firearms.
State Law Vs. Federal Law: What’s The Difference?
- Minnesota law bans firearm possession for 3 years after a misdemeanor domestic assault conviction.
- Federal law may ban you for life if the conviction meets the Lautenberg criteria.
So even if your state ban ends after three years, you may still be breaking federal law by owning a gun.
Key Point: You can be federally charged even if you’re in compliance with state law.
What About Expungement?
You may have heard of people restoring gun rights through expungement. Here’s the reality:
- Minnesota expungement seals your record from public view, but it does not erase the conviction.
- Federal law requires the conviction to be vacated or set aside for gun rights to be restored.
Bottom line: Expungement in Minnesota will not restore your federal gun rights.
Restoring Firearm Rights In Minnesota
If you’ve lost your gun rights due to a domestic assault conviction, restoration is possible in some cases—but it’s not easy.
- You must petition the court and show good cause
- Hunting or sport shooting are often considered valid reasons
- Federal ban cannot be lifted unless your conviction is vacated (extremely rare)
- The only path to full restoration (state + federal) is often a Governor’s Pardon
Real-World Scenarios
Scenario: You plead guilty to misdemeanor domestic assault involving threats but no harm.
- Minnesota bans you from gun ownership for 3 years.
- Federal law may not ban you permanently because there was no actual harm.
Scenario 2: You are convicted of harming your partner during a domestic incident.
- Minnesota ban = 3 years
- Federal ban = lifetime
Frequently Asked Questions
1. Can I Own A Gun After A Domestic Assault Charge In Minnesota?
If a DANCO is issued, you are temporarily banned. After conviction, Minnesota imposes a 3-year ban for misdemeanors.
2. Is The Federal Gun Ban Really Permanent?
Yes, the federal gun ban is permanent if the conviction meets federal criteria (actual harm + domestic relationship).
3. Can I Get My Gun Rights Back With An Expungement?
No, you can not get my gun rights back with an expungement under federal law. Expungement in Minnesota seals records but does not reverse the conviction.
4. How Do I Restore My Rights Fully?
You likely need a Governor’s Pardon to regain your gun rights under both state and federal law.
Final Thoughts: Know Where You Stand
Domestic assault charges or convictions in Minnesota can severely impact your right to own a gun—sometimes for life. The laws are complex, and state vs. federal discrepancies can trap well-meaning gun owners into committing felonies without even realizing it.
Don’t guess. Don’t go it alone. If you’ve been charged or convicted of domestic assault and own (or want to own) a firearm, speak with a lawyer who understands the full scope of Minnesota and federal firearm law.
Have questions about your firearm rights after a domestic assault?
Contact the attorneys at Leverson Budke for a free consultation. We’ll help you understand where you stand—and what it takes to move forward.
