How Can A Non Violent Felony Get His Gun Rights Back?

“Non-violent felon” sounds like it should be a simple category, but in Minnesota gun law it is one of the most misunderstood. Whether you can own a firearm again, and whether you have to do anything to make that happen, hinges on a statutory label that does not always match common sense. Here is how to figure out where you stand.

Can a non-violent felon get gun rights back in Minnesota?

Often, yes, and sometimes automatically. Minnesota law treats felonies in two buckets for firearm purposes: “crimes of violence” and everything else. If your conviction is not a crime of violence, your firearm rights are generally restored along with your other civil rights when you complete your entire sentence, including probation or supervised release.

That means a number of people are already legally eligible under state law without realizing it. Before assuming you are still prohibited, it is worth confirming your actual status, which you can do with help from our guide on how to check whether your gun rights have been restored.

The key question: was your felony a “crime of violence”?

Everything turns on this. Minn. Stat. § 624.712, subd. 5 defines “crime of violence,” and the list includes the offenses you would expect, such as assault, robbery, and kidnapping, but also several that surprise people, including all felony drug crimes, stalking, and arson.

So someone with a felony drug conviction often assumes they are a “non-violent” felon whose rights restored automatically, when in fact Minnesota classifies that conviction as a crime of violence carrying a lifetime ban. This single misunderstanding is the most common reason people are unknowingly prohibited, and why confirming your category first is so important.

Non-violent felonies: automatic restoration

If your felony is genuinely not a crime of violence, Minn. Stat. § 609.165 restores your civil rights, including the right to possess firearms, when you are discharged from your sentence. No separate petition is required under state law.

The discharge is the trigger. Once you have finished prison, probation, parole, or supervised release with no separate firearms order in place, your state firearm rights generally return by operation of law. The remaining question is federal, which we cover below.

Crimes of violence: the petition process

If your conviction is a crime of violence, the only way to restore your firearm rights under Minnesota law is to petition the district court under Minn. Stat. § 609.165, subd. 1d. The court may grant your petition if you are no longer confined and you show “good cause.”

In practice, good cause means demonstrating rehabilitation: a clean record since the conviction, completed treatment or programming, stable employment, community involvement, and character references. Courts weigh the time that has passed and your conduct heavily, so more distance from the offense improves your odds. If a petition is denied, you generally must wait three years before filing again.

Type of conviction	How firearm rights come back
Non-violent felony (not a crime of violence)	Automatically on discharge from the sentence (§ 609.165)
Felony “crime of violence” (includes felony drug crimes)	Petition the district court; show good cause (§ 609.165, subd. 1d)
Misdemeanor or gross misdemeanor drug crime	After 3 years with no new qualifying conviction
Domestic-assault misdemeanor	After 3 years (longer if a firearm was used)
Federal prohibition (any felony)	State restoration of civil rights, a pardon, or a qualifying expungement

Don’t forget federal law

Even after Minnesota restores your rights, federal law is a separate hurdle. Under 18 U.S.C. § 922(g), anyone convicted of a crime punishable by more than one year is federally prohibited, and a state court order alone does not lift that. You can be legal under Minnesota law and still prohibited federally.

The usual path to federal compliance is that Minnesota’s full restoration of your civil rights satisfies the federal “civil rights restored” exception, or you obtain a pardon or qualifying expungement. The federal relief-from-disability process under § 925(c) exists but is effectively unavailable because the ATF is not funded to process it. The federal ATF enforces these rules, so confirm both systems before you ever possess a firearm.

Are there other ways to restore gun rights?

Yes. A pardon extraordinary from the Minnesota Board of Pardons can nullify a conviction and restore rights, and certain expungements can help, though an expungement of a crime of violence must state that it does not restore firearm rights. In some cases a felony can be reduced to a misdemeanor after sentence completion, which may help, though not when the original charge was a felony crime of violence.

Each route has different requirements and limits, which is why the right strategy depends entirely on your specific conviction. Our pages on Minnesota pardons and expungement laws explain those alternatives.

How do you start?

Begin by confirming which category your conviction falls into and whether your rights have already been restored, because that single answer determines whether you do nothing, petition the court, or pursue a pardon. Pull your records, identify the exact statute of conviction, and check it against the crime-of-violence list.

This is an area where the law is unforgiving of guesswork. Possessing a firearm while still prohibited is itself a serious felony, so getting clarity first matters. Our gun rights restoration attorneys have handled these petitions and Second Amendment matters, including a Minnesota Supreme Court Second Amendment win, and can tell you quickly where you stand.

FAQs

Can a non-violent felon own a gun in Minnesota?

Often yes. If the felony was not a “crime of violence,” firearm rights are generally restored automatically when the sentence is discharged. If it was a crime of violence, a court petition is required, and federal restrictions may still apply.

Does a felony drug conviction count as a crime of violence for gun rights?

Yes. Minnesota’s crime-of-violence definition in Minn. Stat. § 624.712 includes all felony drug crimes, so a felony drug conviction triggers a lifetime firearm ban that can only be lifted by petitioning the court.

How do you petition to restore firearm rights in Minnesota?

You file a petition in district court under Minn. Stat. § 609.165, subd. 1d, showing that you are no longer confined and that good cause exists, supported by evidence of rehabilitation. If the petition is denied, you generally must wait three years to refile.

Does Minnesota restoration restore my federal gun rights?

Not automatically. Federal law under 18 U.S.C. § 922(g) is separate. State restoration of your civil rights may satisfy the federal exception, or you may need a pardon or qualifying expungement, so confirm both before possessing a firearm.

How long after a felony can you restore gun rights in Minnesota?

For non-violent felonies, rights generally restore at discharge from the sentence. For crimes of violence, you can petition once released from confinement, and courts weigh how much time has passed; if denied, a three-year wait applies before refiling.