Minnesota Criminal Law and Gun Rights

One of the most important collateral aspects of being charged or convicted with a crime in the State of Minnesota is the government’s statutory power to severely restrict the ability of the persons charged or convicted with a crime to possess firearms, both under the state and federal law.

The following is a non-exclusive list of crimes that restrict the ability to possess a weapon either for a set duration or for a lifetime.

1. Anyone under 18 years of age.
2. Federal Law Prohibits the sale of handguns to anyone under 21 years of age.
3. An alien who is in the United States illegally or unlawfully.
4. Anyone who has been discharged from the US Armed Forces under dishonorable conditions.
5. Anyone who has renounced their US Citizenship.
6. A fugitive from justice, avoiding prosecution from a crime or avoiding testifying in a criminal   proceeding.
7. Anyone under Indictment or Charged with a Felony.

Gross Misdemeanor Convictions

1. Crimes committed for the benefit of a gang.
2. Assault motivated by bias.
3. False imprisonment.
4. Neglect or endangerment of a child.
5. 4th Degree Burglary.
6. Setting a spring gun.
7. Riot.
8. Harassment and stalking.

These gross misdemeanor convictions make a person ineligible to possess a firearm unless three years have elapsed since the date of the last conviction and the person has not been convicted of any other violations of these crimes.

Felony Conviction - Not a "Crime of Violence"

A person is ineligible if convicted of a crime punishable by imprisonment for a term exceeding one year, has not been discharged from probation or is prohibited as a condition of a pardon, expungement or restoration of civil rights.

Felony Conviction - "Crime of Violence"

A person is ineligible it convicted of, or adjudicated delinquent or convicted as an extended jurisdiction juvenile for commiting a crime of violence. If the person's sentence, or Court Supervision, ended after August 1, 1993, then there is a lifetime ban, unless they apply to restore their rights, under both federal and Minnesota law.

Other Crimes - Domestic Assault

Ineligible, if subject to an Order for Protection for Domestic Violence against a partner or child of the partner.

Ineligible, with a lifetime ban, if convicted of a misdemeanor crime of domestic violence specifically defined by ht federal law in the United States Code.

Ineligible, if assaulted a family or household member and used a firearm in any way during the assault. The ineligibility period for possessing a firearm to be determined by the Court.

Ineligible if convicted in another state of committing an offense similar to 5th Degree Assault with a firearm against a family or a household member or for committing a Domestic Assault with a firearm offense, unless three years have elapsed since the date of the conviction and during that time the person has not been convicted of any other violation.

Other Crimes - Drug Use, Mental Health

Ineligible if convicted of Misdemeanor or Gross Misdemeanor violation of the Minnesota Drug Law statutes (chapter 152) unless three years have passed since the conviction and during that time there have been no other convictions under chapter 152.

Ineligible if committed by court order for treatment for habitual use of controlled substance of marijuana, or treatment as chemically dependent, unless the person completes treatment.

Ineligible if determined by the court as being mentally ill, developmentally disabled or mentally ill and dangerous to the public, or found incompetent to stand trial or not guilty by reason of mental illness.

Ineligible if an unlawful user of any controlled substance detailed in chapter 152.

Restoring Gun Rights

Under limited circumstance both the federal statutes as well as Minnesota law, allow the Court to restore the ability to possess a firearm. Having an experienced attorney to deal with this very technical area of the law is crucial, because if the petition is denied the person may not file another petition before three years have passed.

For more information feel free to contact us at 507.206.6020.