Do You Have the Right to Own a Firearm in Minnesota?

In Minnesota, certain criminal convictions may result in a person’s loss of firearm privileges even if the offense is not a felony.

Minnesota Firearms Rights

Most criminal convictions result in collateral consequences. Typically, a DWI conviction results in a revoked driver’s license. A drug conviction may result in forfeited money and/or property. A sexual assault conviction may require registration as a sex offender. In Minnesota, a criminal conviction may also result in the loss of firearm privileges. Federal and state laws determine certain criminal activities that result in the loss of rights to own firearms. Minnesota law prohibits firearm possession by an individual who is:

  • Convicted of a violent crime
  • Convicted of a crime punishable by a prison term of one year or more
  • Convicted of a gross misdemeanor offense of burglary in the fourth degree
  • Convicted of a gross misdemeanor offense of endangerment of a child
  • Convicted of a gross misdemeanor offense of stalking or rioting
  • A fugitive from justice

Minnesota firearm laws and federal firearm laws are very similar, with one exception. Federal laws prohibit firearm possession by a person who has been convicted of domestic assault, even if the assault is only a misdemeanor offense.

Restoring Firearm Rights

In Minnesota, restoring firearm rights involves both state and federal statutes, so the process often requires people to seek assistance from Minneapolis criminal lawyers who understand the statutes. Under Minnesota laws, firearm rights may be restored automatically to a felon if the felony offense conviction was for a non-violent crime. However, the process is actually far from “automatic.”

The restoration of firearm rights begins with a petition to the court, typically filed by a Minneapolis criminal lawyer. The court may grant the petition to restore gun rights if the petitioner shows good cause and has been released from prison. The court considers “good cause” as: needing a firearm for employment purposes; needing a firearm for hunting, or showing no risk of danger from owning a firearm. If the court denies the petition, the person must wait three years from the date of the first filing to file another petition to restore gun rights unless the court grants special permission.

In Minnesota, the process to restore firearm rights usually takes from seven to eight months, depending on the petitioner’s circumstances, the court’s agenda and workload, and state or federal objections. If a petition is not denied, the court will set a hearing date.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

What Happens If You Get a DWI While Riding a Scooter or E-Bike in Minneapolis?

Minnesota DWI laws apply to all types of motorized vehicles using the road. So, you may get arrested and charged with DWI while riding a scooter or E-bike if your blood alcohol concentration is 0.08 or more. The penalties for a DWI conviction may range from driver license suspension or revocation and fines to imprisonment. A conviction may also result in collateral consequences, including job loss and higher auto insurance premiums. A DWI lawyer can minimize the legal consequences or avoid them altogether. So, be sure to retain a lawyer immediately after you get arrested or charged for riding a scooter or e-bike while impaired.

Can a Criminal Record Impact New Charges in Minnesota?

People with prior convictions and facing new charges may wonder, “Can a criminal record impact new charges in Minnesota?” Having a criminal record can influence how the prosecution and court will handle your current charges. The court may deny your bail request or impose strict conditions. It may also impose harsh penalties. The prosecution, on the other hand, may be reluctant to give you a favorable plea deal if you have a prior conviction for a similar or related offense.