Gun Rights Lawyer

Minnesota Gun Rights Lawyer – Leverson Budke

Gun Rights Restoration

If you were convicted of a crime that resulted in a loss of your gun rights, it may be possible to have your firearm rights restored. Possessing a firearm after your right to do so has been revoked is a serious crime with significant consequences. If you’ve been charged with a firearms related offense, contact one of the skilled Minnesota attorneys at Leverson Budke, PLLP for a FREE gun rights restoration consultation.

Find out if you can restore your gun rights in Minnesota. Call 651-829-3572  for a FREE consultation.

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Felony Gun Rights Restoration

Regaining gun rights is a complex area of law which involves both state and federal statutes. Under certain circumstances, you may have to wait three years from an unsuccessful attempt to restore your gun rights before trying again. Make sure you contact a skilled Twin Cities gun rights attorney to ensure you are making the best argument.

Domestic Assault and Gun Rights in Minnesota

Even if you were not convicted of a felony, your MN gun rights might still be affected by a conviction. Pursuant to federal and state laws, you may lose your right to possess a firearm in Minnesota if you were charged with domestic assault. In some instances, people are told their MN gun rights have been taken from them even when they were not convicted of a qualifying offense. If you’ve been told that you are not allowed to purchase or possess a firearm, we encourage you to call our attorneys to find out if that is accurate and whether there may be something you can do to restore your Minnesota gun rights.

Find out if your gun rights can be restored today, by calling the attorneys at Leverson Budke.

Call 651-829-3572 today for a FREE restoration of firearms rights consultation, with a lawyer that has experience with gun rights in Minnesota.

Minnesota Gun Rights Restoration

If you’ve had your state or federal gun rights revoked, it doesn’t necessary prohibit you from purchasing or possessing firearms for the duration of your restriction or life. Minnesota State law does allow you to take action to have your gun rights restored. However, the legal process of restoring your gun rights is a complex process. You’re much more likely to be successful in your Minnesota gun rights restoration petition with careful consideration of your personal circumstances, previous conviction and the timing of your restoration attempt. Read on to learn more about the Minnesota gun rights restoration process and how it may apply to your situation. Please note, the information contained on this page does not constitute formal legal advice. If you’re in need of help with your case, contact us today.

Firearms Restoration Process

If your Minnesota gun rights have been revoked, the only way to have your firearms rights restored is to petition the Court. A petition can be filed in any county and will allow for your case to be heard by a judge.

If you’ve been convicted of multiple felonies, you can still apply to restore firearms rights. Also, whether you pleaded guilty or not guilty to your charged crime should not affect your petition or the outcome of your case.

To have your Minnesota gun rights restoration granted, you must show that you’ve served any required sentences and are no longer in custody. Following this, your petition will be focused on proving that there is a good cause for your rights to be restored.

When it comes to what constitutes ‘good cause’, this hasn’t been formally defined by the law. In general, it means that there’s a significant and justifiable reason for you to possess a firearm despite your conviction. However, because there’s no exact definition, the reason for your ‘good cause’ can be any number of things. Some successful Minnesota gun rights restoration cases have been granted to allow people to continue hunting or carry on employment. Regardless of the reason, the judge will consider your surrounding circumstances and conviction to balance any concerns for public safety with your own private interest in having your gun rights restored.

Once your Minnesota gun rights restoration petition has been filed, you’ll receive a court date. If you are being represented by a licensed gun rights attorney, you don’t necessarily need to attend your court hearing. We can represent you on your behalf and will advise if you appearing in court may be beneficial to your case.

How long your Minnesota gun rights restoration case will take to be processed greatly depends on the complexity of your situation and the court’s current load and schedule. Most will be concluded within ten to twelve weeks. However, the process has been known to take as long as eight months. We may be able to advise on a more definite timeline once we’ve heard about your case.

How Do I Find Out If My MN Gun Rights Have Been Revoked?

Gun rights law is a complicated area that involves interpreting numerous federal and state laws. If you’re unsure if any charges you were or weren’t eventually convicted of have affected your Minnesota gun rights, it’s always best to consult with a qualified gun rights attorney. Ask us today to help you to determine if state or federal restrictions apply to you. In the meantime, it’s vital that you don’t attempt to purchase a firearm of any sort and aren’t already in possession of one.

What Crimes May Affect Your Minnesota Gun Rights

Minnesota State laws prevent certain individuals from possessing firearms for a variety of reasons. In some situations, even when there wasn’t a formal conviction made, you may still have lost your right to possess firearms. These are just some of the main criminal offenses and convictions that can result in the revocation of your Minnesota gun rights for some period of time:

  • Facing a felony charge – MN gun rights are usually revoked for the duration of the criminal matter
  • Felony violent crime conviction – Usually results in lifetime prohibition
  • Felony non-violent crime conviction – Your MN gun rights may be resorted once you’ve been discharged from the sentence, except if a specific firearms prohibition is in place
  • Misdemeanor or gross misdemeanor drug-related conviction – Usually results in a minimum of a 3-year restriction
  • Domestic assault conviction – 3-year to life revocation of your MN gun rights
  • Order for protection or restraining order – May include firearms restriction that most likely stays in effect for the duration of the order

Penalties for Violating a Firearms Prohibition

Regardless of whether you’re aware that you MN gun rights have been revoked or not, possessing a firearm when you’re prohibited from doing so has serious consequences. Depending on the reason for your prohibition, the penalty may be as minor as a gross misdemeanor or as serious as a felony offense. This means that you could face a maximum of 15 years imprisonment and a $30,000 fine. That’s not a risk that’s worth taking, especially when we may be able to help you with your Minnesota gun rights restoration.

What Constitutes a “Crime of Violence” Under Minnesota State Law?

While felony charges such as murder, assault and robbery are included as ‘crimes of violence’ under Minnesota State law, this definition also extends to some ‘non-violent’ felonies. These include things such as motor vehicle theft, drug possession and/or sale, stalking and arson. If you have been convicted for a ‘crime of violence’ under Minnesota State law, you can still apply to have your gun rights restored via a petition.

Firearms Restoration Process

If your Minnesota gun rights have been revoked, the only way to have your firearms rights restored is to petition the Court. A petition can be filed in any county and will allow for your case to be heard by a judge.

If you’ve been convicted of multiple felonies, you can still apply to restore firearms rights. Also, whether you pleaded guilty or not guilty to your charged crime should not affect your petition or the outcome of your case.

To have your Minnesota gun rights restoration granted, you must show that you’ve served any required sentences and are no longer in custody. Following this, your petition will be focused on proving that there is a good cause for your rights to be restored.

When it comes to what constitutes ‘good cause’, this hasn’t been formally defined by the law. In general, it means that there’s a significant and justifiable reason for you to possess a firearm despite your conviction. However, because there’s no exact definition, the reason for your ‘good cause’ can be any number of things. Some successful Minnesota gun rights restoration cases have been granted to allow people to continue hunting or carry on employment. Regardless of the reason, the judge will consider your surrounding circumstances and conviction to balance any concerns for public safety with your own private interest in having your gun rights restored.

Once your Minnesota gun rights restoration petition has been filed, you’ll receive a court date. If you are being represented by a licensed gun rights attorney, you don’t necessarily need to attend your court hearing. We can represent you on your behalf and will advise if you appearing in court may be beneficial to your case.

How long your Minnesota gun rights restoration case will take to be processed greatly depends on the complexity of your situation and the court’s current load and schedule. Most will be concluded within ten to twelve weeks. However, the process has been known to take as long as eight months. We may be able to advise on a more definite timeline once we’ve heard about your case.

Do I need a Lawyer to Restore my Minnesota Gun Rights?

Anyone can file their own petition for Minnesota gun rights restoration. However, because there’s so much ambiguity about what constitutes ‘good cause’ to have your rights restored, it’s best to consult with an experienced gun rights attorney. By considering your personal case and past conviction, they will advise on the best course of action to increase the chance of being granted restoration without having to wait an additional three years until you’re able to re-file for petition.

If I Am a Felon in MN Are My Gun Rights Automatically Revoked?

Under federal law, people with a felony conviction are prohibited from possessing firearms for life. However, under Minnesota law, these rights may be automatically restored if your felony isn’t considered a ‘crime of violence’. In these special cases, your Minnesota gun rights may be restored once the sentence has been discharged providing that you haven’t been convicted of any further charges.

It’s important to note though, that even if your conviction isn’t for a ‘crime of violence’ under Minnesota law, you may still be banned from possessing a firearm under federal law until your gun rights have been restored via the natural elapse of time or a petition.

However, if your felony is for a ‘crime of violence’ under the Minnesota State law, your gun right revocation will most likely remain in effect for life unless you successfully petition for it to be restored.

If you are a felon in Minnesota, it’s important to seek legal advice about what constitutes a ‘crime of violence’ as the rules aren’t always what people expect.

How Likely Am I To Have My MN Gun Rights Restored?

It’s impossible to say how likely you are to lead a successful Minnesota gun rights restoration case without specifically assessing your case. If you would like us to review your circumstances to evaluate your chances of successful restoration, contact us today.

Why Might My Minnesota Gun Rights Restoration Petition Be Denied?

Most Minnesota gun rights restoration petitions are denied when the judge feels that there isn’t a significant enough good cause to restore your rights. However, your revocation of firearm rights may remain in effect if your offense was serious in nature or there was an inaccuracy in your court and/or criminal records as well. If you are not eligible for restoration for any other reason but choose to file a petition anyway, your request also won’t be approved.

Things you Might Not Know About MN Gun Rights Revocation

If your Minnesota gun rights have been revoked, be aware that if your spouse or anyone else who lives in your home has a firearm, you could find yourself in serious trouble as it may be considered illegal possession for you.

In addition, all licensed firearms dealers are required to keep detailed records of all firearm purchases. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), may at any time request that these records are turned in. If it’s found that you purchased a firearm without having Minnesota gun rights, you could face prosecution.

However, even if your gun rights haven’t been restored, you may have other options. Concealed carry licenses are sometimes approved for people who can’t legally possess a firearm. You may also still be able to purchase antique firearms and black powder firearms even if you are under a federal firearm ban.

If you do think your firearm purchase has been wrongfully denied and you do want appeal, it’s necessary to do so within a few weeks as these records are only kept for a short period of time.

What Happens If My MN Gun Rights Are Restored?

If your Minnesota gun rights are restored, you’ll then be able to purchase and possess a firearm with the same civil rights as any other citizen providing that the courts haven’t specified any other restrictions. However, your restoration WON’T apply to any future firearm disqualifying convictions that you may sustain.

What Happens If My MN Gun Rights Aren’t Restored?

If your petition to restore gun rights isn’t successful, you’ll most likely have to wait three years before you’re able to file for another petition. In this case, we will evaluate the reason that your case was denied and suggest the best way to proceed. In some special situations, you may be able to get court approval to re-file before your three-year hold is up.

During this time, you’ll have to abide by your gun rights prohibition. Failing to do so could mean that you’ll face prosecution with significant penalties. You’re also less likely to have a secondary gun rights restoration petition approved at a later date.

Can I Restore My Minnesota Gun Rights and Expunge a Felony at The Same Time?

As is to be expected, it’s generally much easier to be successful in your Minnesota gun rights restoration than it is to expunge a felony. However, if you do want to attempt to have your felony expunged at the same time, we can advise on the best course of action to take to achieve this. You can usually apply for a petition to restore gun rights and have your felony expunged at the same time. However, there’s no guarantee that either of these petitions will be successful.

It’s important to realize that the expungement of a criminal record is an extraordinary event. It’s usually only granted when there’s clear and convincing evidence that it would benefit the person with the felony and won’t disadvantage the public and their safety. While having your felony expunged usually results in the automatic restoration of your Minnesota gun rights, the court can specify that your firearm prohibition is still to remain in place. If this is the case, you would have to continue to NOT be in possession of a firearm until you’re granted separate restoration.

The Next Step in Your Minnesota Gun Rights Restoration

As you can see, having your Minnesota gun rights restored is a complex process that depends greatly on your personal circumstances. If you’re unsure of whether your MN gun rights have been revoked or would like help to restore firearms rights, contact us today. As qualified criminal defense lawyers, we offer FREE Minnesota gun rights restoration consultations. Call us on 651-829-3572 to see how our experienced gun rights attorney can help you to have your gun rights restored.

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