Restoration of Firearms Rights in Minnesota
Restoring the right to possess firearms and ammunition in Minnesota, following a permanent revocation due to felony convictions or adjudications of delinquency for crimes of violence can be a complicated process. When firearm rights are lost, and individual must follow the requisite steps for petitioning the Minnesota District Court for restoration.
While this collection of information aims to equip individuals with essential knowledge on the subject, it is highly advisable to seek professional legal counsel to navigate this complex process effectively.
The Minnesota Gun Owners Caucus does not provide legal advice or services related to the restoration process.
FAQ:
Q: How do I know if my rights to possess a firearm and ammunition have been taken away?
A: Your rights may be removed under Minnesota law for various reasons, such as a criminal conviction, an Order for Protection against you, or commitment to a mental health treatment facility. These rights can be taken away under state or federal law.
Q: Are my rights to possess firearms and ammunition permanently taken away?
A: Under Minnesota law, your rights are permanently removed if you are convicted or adjudicated delinquent of a felony crime of violence, committed to a treatment facility for mental health reasons, found incompetent to stand trial, or found not guilty by reason of mental illness. The only legal way to regain firearm and ammunition rights is to request the court to restore your civil rights.
Q: If my rights to possess a firearm and ammunition have been permanently taken away, have my voting rights also been permanently taken away?
A: No, voting rights are not permanently taken away. They are automatically restored after completing all terms of your sentencing, including probation, parole, and supervised release. You must register to vote again. For non-criminal conviction-related loss of voting rights, seek legal advice for restoration.
Q: If my criminal record was expunged, or I was pardoned, are my rights to possess a firearm and ammunition automatically restored?
A: No, expungement only seals your court records and does not automatically restore firearm or ammunition rights. You need to separately petition the court for restoration.
Q: How do I ask for my rights to possess firearms and ammunition to be restored?
A: You need to complete a Petition for Restoration of Firearm and Ammunition Rights. Use the appropriate forms based on whether the request is due to a crime of violence conviction or civil commitment.
Forms for Restoration:
- Restoration of Firearm and Ammunition Rights (Civil Commitment): For restoration requests due to civil commitment.
- Restoration of Firearm and Ammunition Rights (Crime of Violence Conviction): For restoration requests due to a crime of violence conviction or juvenile delinquency adjudication.
Q: Where should I file my Petition for Restoration of Firearm and Ammunition Rights?
A: File your petition in the county where the criminal case occurred or in a county with jurisdiction over your legal matters, such as where you reside. If unsure, seek legal advice for clarification.