The Basics of Gun Rights Restoration in Minnesota

by Thomas A. Wilson

Minnesota Criminal Law Attorney

This article is meant to provide a brief  introductory overview about the restoration of the ability to possess and otherwise deal with firearms in Minnesota by certain prohibited individuals. Specifically, individuals prohibited from possessing and otherwise dealing with firearms because of a felony-level “crime of violence” conviction or a civil commitment.

“Crime of Violence” Conviction

Minnesota law prohibits individuals that were convicted of a felony-level, statutorily designated “crime of violence” from “possessing, receiving, shipping, transporting or otherwise dealing with firearms” for the remainder of their lifetime upon discharge of their sentence.

“Crimes of violence” include any felony-level conviction or delinquency adjudication for: controlled substance (drug) crimes under Minn. Stat. Ch. 152; Burglary in the First through Third-Degree; Assault in the First through Fourth-Degree; and several others.

It is a felony in Minnesota for an above-stated prohibited person to “ship, transport, possess or receive a firearm.”  The penalty is up to 15 years in prison and/or up to a $30,000.00 fine.  This law does not apply to prohibited persons who have had their ability to possess and otherwise deal with firearms restored by court order.

Civil Commitment

Minnesota law prohibits a person to possess and otherwise deal with firearms that is or has ever been committed to a treatment facility in Minnesota (or elsewhere) by a judicial determination that the person is (1) mentally ill; (2) developmentally disabled, or (3) mentally ill and dangerous to the public.

It is a gross misdemeanor in Minnesota for an above-stated prohibited person to possess or otherwise deal with firearms.  The penalty is up to one year in jail and/or a $3,000.00 fine.  This law does not apply to prohibited persons who have had their ability to possess and otherwise deal with firearms restored by court order.

Petition for the Restoration of Ability to Possess and Otherwise Deal with Firearms

“Crime of Violence” Conviction

Minnesota law provides a specific remedy for individuals that are prohibited from possessing and otherwise dealing with firearms because of a felony-level “crime of violence” conviction.  The statute provides that an aforesaid prohibited person may petition a court for the restoration of their ability to possess and otherwise deal with firearms if “good cause” exists to do so and the person has been released from physical confinement.  If the petition is denied, the person cannot petition the court again for a period of three years unless the court specifically gives permission to do so.

Civil Commitment

Minnesota law provides a specific remedy for individuals that are prohibited from possessing and otherwise dealing with firearms due to a commitment resulting from judicial determination that the person was mentally ill, developmentally disabled, or mentally ill and dangerous.  The statute provides that an aforesaid prohibited person may petition a court to restore their ability to possess a firearm.

References

Minn. Stat. § 624.713, subd. 2; Minn. Stat. § 624.713, subd. 3; Minn. Stat. § 624.713, subd. 10(iv); Minn. Stat. § 624.713, subd. 2(c); Minn. Stat. § 609.165, subd. 1a; Minn. Stat. § 609.165, subd. 1b.; Minn. Stat. § 609.165, subd. 1c.; Minn. Stat. § 609.165, subd. 1d; Minn. Stat. § 624.713, subd. 4; Minn. Stat. § 624.712, subd. 5.

LEGAL DISCLAIMER

The following article is provided for informational purposes only and does not constitute legal advice.  Although the following information is deemed accurate and current, statutory and case law change frequently and the following information should not be relied upon as authoritative.