Can a Felon Get His Gun Rights Back in Minnesota?
If you are a felon wondering if you can regain your gun rights in Minnesota, the answer is yes. However, the process can be complex and time-consuming. In this article, we will explore the rights restoration process for felons in Minnesota and the procedures to follow.
Constitutional Rights and State Laws
The Second Amendment to the United States Constitution guarantees the right to bear arms. However, criminal convictions can lead to the loss of this right, including in Minnesota. Minn. Stat. Ann. § 624.7131 (2021) states that a felony conviction can result in a lifetime ban on owning a firearm.
Felony Convictions and Gun Rights
In Minnesota, there are different types of felonies, and the rights restoration process varies depending on the type of felony:
- Misdemeanor Felonies: If you were convicted of a misdemeanor felony, your gun rights may be lost for a specific period. For example, a third-degree controlled substance offense in Minnesota can result in a 10-year firearms prohibitions.
- Non-Person Felonies: If you were convicted of a non-person felony, such as burglary, your gun rights are permanently lost.
- Gross Misdemeanors: If you were convicted of a gross misdemeanor, such as domestic assault, your gun rights may be lost for a specific period.
Restoring Gun Rights in Minnesota
For a felon to regain his gun rights in Minnesota, he must petition the appropriate court for relief. This process is governed by Minn. Stat. Ann. § 609.165 (2021). The following outlines the steps to restore gun rights:
- Wait Period: Depending on the type of felony and the length of time it has been since your sentence was completed, you must wait a certain period before petitioning the court:
- 5-10 years for a third-degree controlled substance offense.
- 10 years for a non-person felony.
- 7-10 years for a gross misdemeanor.
- Petition the Court: You must file a petition with the court alleging that you are eligible for relief and that restoration of your gun rights would be in the best interest of the public.
- Show Good Conduct: You must demonstrate good conduct and rehabilitation since your felony conviction. This may be shown by:
• Completing a substance abuse treatment program.
• Participating in counseling.
• Maintaining stable employment.
• Showcasing a stable housing situation. - Show a Reason for Relieving: You must also demonstrate a compelling reason for why your gun rights should be restored. This might include:
• Having a legitimate need for firearms for self-defense.
• Having a hunting license.
• Having been a law-abiding citizen for a significant period since your sentence was completed. - Hearings and Decisions: The court will hold a hearing to consider your petition. If your petition is granted, your gun rights will be restored. However, if your petition is denied, you may petition the court again after an additional 5-year period.
Table: Requirements for Restoring Gun Rights in Minnesota
| Eligibility Criteria | Requirements | Timeframe |
|---|---|---|
| Misdemeanor Felony | 10-year wait period, 5 years of good conduct | 5-10 years |
| Non-Person Felony | 10-year wait period, 10 years of good conduct | 10-15 years |
| Gross Misdemeanor | 7-10-year wait period, 5-7 years of good conduct | 7-12 years |
Obtaining a Firearm Permit
Once your gun rights are restored, you can apply for a Firearms Permit (FP) or a Concealed Carry Weapon (CCW) Permit through the Minnesota Bureau of Criminal Apprehension. You will need to pass a background check and follow all applicable laws and regulations.
Conclusion
For a felon to regain their gun rights in Minnesota, they must demonstrate good conduct, show a compelling reason for relief, and pass a waiting period. By understanding the requirements and following the proper procedures, individuals can work towards restoring their gun rights and regaining their Second Amendment rights.
