Restoration of Firearm Rights
Mankato Criminal Attorney
The constitution says that Americans have the right to bear arms. That makes owning a firearm a civil right. However, the gun laws in Minnesota are complex and they are a combination of state and federal court rulings and statutes. Within those laws, it says that a person loses their right to own a firearm based on a felony conviction for a crime of violence.
Unfortunately, “crime of violence” tends to be misleading because Minnesota Statute 624.712, Subd. 5 says that the possession of marijuana is a violent crime when it is, in fact, not classified as such under other laws. This is where your Southern Minnesota restoration of firearm rights attorney can come in and help you regain your right to own a gun.
Minnesota Statutes 609.165
Subd. 1a says that only certain convicted felons cannot possess firearms. If a person is convicted of one of the violent crimes defined in 624.712 subd. 5, they are not entitled to hold a firearm in any way for the remainder of their life. However, a person who has received disability relief under U.S. Code, title 18, section 925 may not be subject to the restrictions of that statute if they have had their right to own a firearm restored by subd. 1d.
Subdivision 1d says that a person who has been prohibited to possess a firearm because of a conviction may petition the court for the restoration of their ability to possess a firearm. If the individual can show good cause as to why their right should be restored, it can be. This means the loss of the right to own a firearm is not necessarily permanent. You do, however, have to work with your Mankato restoration of firearm rights lawyer to correctly fill out the petition and send it to the appropriate authorities so that the process can begin.
Who Can Petition
Even someone who has been civilly committed due to mental illness, developmental disability, or chemical dependence can petition the court for restoration. Nonetheless, a person who has been convicted of a domestic crime may have what is considered a “lifetime legal disability” and this means that the loss of the right to own a firearm is permanent. The reason is because many shootings are related to domestic violence situations, so a person with a history of such offenses may be considered dangerous for the rest of their life.
Contact A Southern Minnesota Criminal Lawyer
A criminal charge or conviction could result in you losing your right to own a firearm. This is because what is on your permanent record hurts your rights. The good news is that you can fight for your right to own a firearm. Depending on the type of offense on your record and the circumstances surrounding it, firearm rights do not have to be among those that you lose. To schedule a free case evaluation, call the Westbrook office at 507-274-6501, the St. James office at 507-375-3374, or the Mankato office at 507-387-2100 today.