On any given week, we field close to a dozen phone calls about gun rights. And in any given week, those conversations go about a dozen directions. Gun laws are complex. The interplay between state and federal statutes leaves many people, attorneys included, scratching their heads. That is why the attorneys at Leverson Budke strive to stay current in this field. While there are many nuances to the relevant state and federal statutes, this article will highlight some MN restoration of gun rights basics.
MN Restoration of Gun Rights Basics means figuring out how to get your gun rights back after a felony or misdemeanor. In Minnesota, you can restore these rights by filing a court petition. You need to show good reasons and prove you’re not a danger. An attorney can help with this tricky process.
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The first question I ask potential clients is whether they have been convicted of a crime in Minnesota. When the answer is no, then there is a good chance they are not prohibited so long as they haven’t been civilly committed or are currently subject to a restraining order. Many first-time offenders can resolve their cases in a way that does not result in a conviction.
A stay of adjudication or continuance for dismissal would result in the charges against you being dismissed after completing probation. Under those circumstances, you would not be subject to state or federal firearm prohibitions. That doesn’t mean the government always gets it right. We have seen people denied because the federal government mistakenly believes there was a conviction when there was not. When you think this happened to you, contact us to discuss further.
Felony Crime Of Violence
When you are convicted of a felony crime of violence, you are prohibited from possessing a firearm for the rest of your life. However, you can petition the court for an order that restores your right to have a firearm. Essentially, you are prohibited from owning a gun until you get the court to say otherwise. This particular law gets tricky because many people are entirely unaware that they have been convicted of a felony crime of violence.
Minnesota law defines “crimes of violence” in a somewhat bizarre way. For example, a drug charge is considered a crime of violence. I frequently have to deliver the most nonsensical news that people will hear — that their twenty-year-old drug charge from college has them labeled a violent felon.
When you have been convicted of a felony crime of violence and wish to petition the court for restoration of your gun rights, you must show good cause for that request. “Good cause” is not necessarily a hard burden to meet. The desire to go hunting can be a good cause for the court to grant your petition.
The more relevant inquiry is whether you pose any risk to the public. “Good cause” is your ticket in the door; once you’re there, you must prove you’re not a public safety concern. This is where an experienced lawyer is necessary. While you can think your record speaks for itself, it’s important to remember that judges do not take petitions for gun restoration lightly. You must do more than just show that you haven’t been convicted of anything else recently.
Having an attorney when you file this is especially important because you don’t get to keep pestering the court with this request. When you are denied, you must wait three years before filing it again. Don’t risk it; contact us today to ensure it gets done correctly.
Misdemeanor Crimes Of Domestic Violence
Even when you were not convicted of a felony, you can still be prohibited if you were convicted of a misdemeanor crime of domestic violence. This is a lifetime prohibition similar to the felony crime of violence. However, there is no path toward restitution with this offense on your record. There is no petition that we can file to have your rights restored.
That said, even this particular issue isn’t so cut and dry. The federal government defines “domestic violence” in a more narrow way. Under the federal definition, the statute under which you are convicted must have an element of harm. In Minnesota, you can be convicted of domestic assault for causing harm to another person or creating a fear of harm. When you are charged under the latter, you are not subject to the firearm prohibition.
In addition, you are only subject to the prohibition if the victim in your court file is a spouse or child of yours or someone similarly situated to a spouse or child. In the event your conviction does not meet the narrow definition provided by the federal government, don’t celebrate yet. You will still have to take some action.
The federal government will likely still have you flagged as prohibited because they will see a conviction for domestic assault. Under these circumstances, you must create a Voluntary Appeal File with the FBI. This process can be time-consuming and complicated, so contacting an attorney is best. The attorneys at Leverson Budke frequently pursue this course of action.
When you were convicted of domestic assault (harm), your options were more limited. The federal statutes state that an expungement will solve your problems. However, federal law and Minnesota law define “expungement” differently. To make a long story short, the remedy available in Minnesota is insufficient for purposes of federal prohibition.
That means the only option to remove this from your record and successfully overturn the federal prohibition on firearms is to seek and obtain a pardon. This is not an easy thing to do — especially when the conviction is for domestic assault. However, the attorneys at Leverson Budke are knowledgeable on the subject and would be happy to help when you would like to pursue this option.
When you do not wish to seek a pardon for a domestic assault (harm) conviction, the only other option would be to see if the prosecutor would agree to allow you to withdraw your plea and immediately re-enter a plea under the domestic assault (fear) statute. This, however, is entirely dependent on your prosecutor.
Sentencing And Gun Rights In Minnesota
When you were charged with a felony but convicted of a gross misdemeanor, your Minnesota gun rights must not be affected.
The federal government denies individuals the right to purchase, own, or possess a firearm if convicted of a felony-level offense. A “felony” is a crime punishable by more than a year in prison.
However, even when you are charged with a felony, you can be sentenced in a way that makes your offense a misdemeanor or gross misdemeanor. In those cases, you can plead to the elements of a felony offense, but the judge imposes a sentence of 365 days or less. When that happens, your crime, by definition, is not a felony.
Unfortunately for many Minnesotans, the federal government cannot understand this when they see the conviction. It’s common for individuals to receive the benefit of a gross misdemeanor sentence but still receive a denial by the National Instant Criminal Background Check System (NICS). The language on the denial letter will state that you were convicted of a “crime punishable by imprisonment for a term exceeding one year.”
This is incorrect in these circumstances. Based on this obvious error, overcoming the denial would be simple. Unfortunately, that’s not necessarily true. There is a formal process for correcting the issue with NICS. As the process can be lengthy, you must work with an attorney who deals with this regularly and knows the best way to present the appropriate information.
When you believe you have been wrongfully denied when attempting to clear a NICS background check, contact the attorneys at Leverson Budke, PLLP, to discuss your Minnesota gun rights restoration case.
Get Your Gun Rights Back!
When you need your gun rights restored, call us at (651) 829-3572 today or click below to schedule an appointment.
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Moving Forward
As you can see, the paths toward restitution are complicated. And identifying which path to take is not always easy. When you are prohibited from possessing a firearm or believe you can be restricted, contact us to discuss whether there can be a way to restore your gun rights.
FAQs
1. Can My Gun Rights Be Restored After A Felony Conviction In Minnesota?
Yes. You can ask the court to restore your gun rights after a felony conviction in Minnesota. You need to prove you have a good reason and that you’re not a risk to others. Since this process can be complicated, it’s a good idea to get help from a lawyer to make sure everything is done right.
2. Does A Misdemeanor Domestic Violence Conviction Permanently Prohibit Me From Owning A Firearm?
Yes. It does. This conviction can lead to a lifetime ban on owning firearms. However, the federal definition of domestic violence is strict, and there can be ways to challenge this if your case doesn’t fit the federal rules. Consulting an attorney can help you understand your options.
3. What Should I Do If The Federal Government Wrongly Denies My Firearm Purchase Due To A Past Conviction?
When you’re wrongly denied a firearm purchase, you can file a Voluntary Appeal File with the FBI to fix the error. It’s a good idea to get help from a lawyer to make sure everything is done correctly, and the problem gets resolved. This helps ensure you can buy a firearm without issues.
Conclusion
Gun rights restoration in Minnesota involves complex legal statutes and multiple layers of interpretation, especially when balancing state and federal laws. On any given week, we field close to a dozen phone calls about gun rights, and those conversations go in various directions, reflecting just how intricate these laws can be.
At Leverson Budke, we are committed to staying current with these developments and helping you navigate the process effectively. When you believe your gun rights have been wrongly restricted or are unsure of your status, contact us for a consultation. Our experienced attorneys are here to guide you through the process and ensure your case is handled correctly.
