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Minnesota Restoration of Gun Rights FAQ Frequently Asked Questions

This page was designed to help our clients better understand our Minnesota Restoration of Gun Rights service. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements please take the free online eligibility test.



How long does the process take?

The process can take from seven to eight months, depending on your particular circumstances, the court’s workload at the time of your petition, and whether there are any objections from the government.

We base our estimates of how long a case will take on how long the average is for that service in that state. However, some cases can take less or more time depending on the facts of the case, whether the DA is agreeing or objecting, the age of the case, etc. We work on your case as fast as we can and assist the court and DA in anything they need to get your case heard.

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Can the process be done faster?

The courts work on a first-come, first-served basis. Therefore, the sooner you sign up, the sooner your case is heard and decided. If you are applying for a job that requires you to use a gun (e.g., law enforcement), we would be glad to write your employer or potential employer a letter letting them know we are in the process of getting your gun rights restored.

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How do I know what is going on with my case?

We have an online tracking system that is just for your case or cases. You will have a user name and password for the account and it will have the information specific to the case. Whenever anything happens in your case we post it in your online account so that you can view the status of the case and the progress that is made. If there is no post on your online account then that means that there is no update in the case. For example, once we update your online account to reflect that we have filed the motion with the court we will update the notes when we hear a response from the court or District Attorney. Depending on the court, it can take several weeks to months to hear from the court or District Attorney whether there is an objection, hearing, or anything else. If something is taking longer than usual for the court we will call to obtain status of the case and update your online notes. In addition to posting the status updates in your online account, we will post your case information in the case information so you are aware of the case and future hearings.

Moreover, we post your contract and payment plan information on the online account for you so that you can view all the information and print it.

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What is good cause for restoring firearm rights?

Minnesota courts have not provided an exact definition of "good cause". However, we have had success with the court restoring firearm rights based on any of the following:

  • needing a firearm for employment purposes
  • because there is no reason to believe that you cannot be trusted to own a firearm
  • needing a firearm for hunting

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What are my chances of success?

Determining an individual's chances of success is difficult to say without researching your case. We charge a researching fee and we apply that to the cost of any service that you hire us to perform.

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Do I have to go to court?

No. We are licensed attorneys so we go to court for you.

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How does the attorney know about my case details?

Once you sign up we have you fill out a questionnaire on your personal online account. The questionnaire asks questions that influence the outcome of the case and allows us to argue the important information to the judge so he knows why you are deserving to have your record cleared. Although some of the questions may seem simple, the more information and detail that you provide in your answers the better we are able to argue the case in your favor.

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Do I need to hire an attorney or can I proceed with the restoration on my own?

Most people hire an attorney to (1) make sure the process is done right the first time so your case does not get rejected or cost you months of delay, (2) handle objections from the district attorney, and (3) send an attorney to court to argue the case if need be.

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Does my disposition of guilty or no contest matter?

No, your disposition does not matter. The process of petitioning the court to restore your gun rights is the same whether you pleaded guilty or pleaded no contest to the crime.

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What happens after my gun rights are restored?

You will receive a court order restoring your gun rights. The court will update their records and send the order on to the central state database. The background check agencies will then receive the updated information when they do a background check.

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How long do records take to be updated?

The court is usually the first to update its records. The court then sends the agencies a copy of the court order restoring your gun rights. Keeping a copy of the order for your own records is advisable, because, although the court order may already be entered into state and national databases, you will still be asked to provide a copy to your local county sheriff’s office when you apply for your gun permit to carry.

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Do you have a money back guarantee?

We are unable to offer a money back guarantee because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys. We cannot afford to offer this low of a price and a money back guarantee.

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Do you have payment plans?

We can create a payment plan that meets your needs. We typically spread payments into equal monthly amounts. Please view the pricing for details regarding payment plans.

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What if I don’t know exactly what is on my record?

We will be glad to work with you to get a copy of your record and to review what can be done. We charge a researching fee to do so and we apply that to the cost of any service that you hire us to perform.

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Can I restore my gun rights and set the conviction aside at the same time?

Yes, although this is no guarantee that you will be granted one or the other. However, we will offer a discount on the gun rights restoration if you sign up for expungement at the same time.

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What is the main reason that a case is denied?

Cases are denied for the following reasons: (1) an inaccuracy in the court file, (2) an inaccuracy in your criminal records, (3) the judge feels there is not good cause to restore your gun rights, (4) the nature of the offense, or (5) you are otherwise not eligible to restore your gun rights.

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What if my case is denied?

If the case is denied, we evaluate the reason for the denial and determine the best way to proceed that can include refilling or we recommend the person wait longer to refile. In most cases, you cannot reapply again for another three years after the denial, unless the judge allows you to reapply sooner. (Minnesota Statute Section 609.165 Subd. 1d.)

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Can I restore my firearm rights if I was convicted of a federal crime?

The Minnesota law allowing you to petition a court to restore your gun rights is only good for Minnesota convictions. If you have a federal conviction that prevents you from possessing/purchasing a firearm, you must restore you gun rights through some other avenue, such as getting a pardon from the President, a service we do not provide at this time.

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Does it matter if my conviction was for domestic violence?

There is a lifetime prohibition from the United States government (Lautenberg Amendment), which prohibits firearm ownership of those convicted of misdemeanor domestic violence as defined by federal law. The federal definition may be different from Minnesota’s definition. If you would like us to evaluate your case and determine if the federal ban will apply against you, then we can for a researching fee. If you then sign up for firearm rights restoration, the fee will be applied to the total.

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What if I have multiple felony convictions?

You can still petition to restore your gun rights even if you have had multiple state felony convictions, as long as there is “good cause” for your gun rights to be restored and you are not currently confined in jail or prison.

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What if I have multiple felony convictions in multiple states?

In order to determine whether you are eligible to have your firearm rights restored and how to do so we must evaluate the laws of each state. If you would like us to evaluate your case and determine if it is possible then we can for a researching fee. If you then sign up for firearm rights restoration the fee will be applied to the total cost of the service.

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What if I now live in a state other than Minnesota but I was convicted of a felony offense in Minnesota?

In order to determine whether the Minnesota conviction would apply to your current state of residence, and whether restoring your gun rights in Minnesota would help at all, we must evaluate the laws of each state. We can evaluate your case and determine if it is possible and charge only a simple researching fee. If you then sign up for firearm rights restoration the researching fee will be applied to the total.

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Who can serve on a jury in Minnesota?

In Minnesota, you may serve on a jury if you: 1) are a United States citizen, 2) a resident of the county from which you receive a summons, 3) are at least eighteen years of age, 4) are able to communicate in the English language, 5) are physically and mentally capable of serving, 6) have had your civil rights restored to you after being convicted of a felony, 7) have not served as a state or federal juror in the past four years.

http://www.mncourts.gov/documents/0/Public/CourtInformationOffice/jury.pdf

http://www.mncourts.gov/?page=1341

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What is a "crime of violence" under Minnesota law?

"Crime of violence" means: felony convictions of the following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide and aiding attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 609.229 (crimes committed for the benefit of a gang); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 609.322 (solicitation, inducement, and promotion of prostitution; sex trafficking); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child); 609.486 (commission of crime while wearing or possessing a bullet-resistant vest); 609.52 (involving theft of a firearm, theft involving the intentional taking or driving of a motor vehicle without the consent of the owner or authorized agent of the owner, theft involving the taking of property from a burning, abandoned, or vacant building, or from an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle, and theft involving the theft of a controlled substance, an explosive, or an incendiary device); 609.561 (arson in the first degree); 609.562 (arson in the second degree); 609.582, subdivision 1, 2, or 3 (burglary in the first through third degrees); 609.66, subdivision 1e (drive-by shooting); 609.67 (unlawfully owning, possessing, operating a machine gun or short-barreled shotgun); 609.71 (riot); 609.713 (terroristic threats); 609.749 (stalking); 609.855, subdivision 5 (shooting at a public transit vehicle or facility); and chapter 152 (drugs, controlled substances); and an attempt to commit any of these offenses.

Minnesota Statutes Section 624.712.

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The first step towards a better life begins with finding out if you are eligible for Minnesota Restoration of Gun Rights.



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SERVING ALL OF MINNESOTA

Call us at 612-466-2697 or Toll Free (877) 573-7273
Please take the free online eligibility test before calling.

Law Firm of Higbee & Associates
80 South 8th Street, Suite 900
Minneapolis, MN 55402
*By Appointment Only

We handle cases in Aitkin, Anoka, Becker, Beltrami, Benton, Big Stone, Blue Earth, Brown, Carlton, Carver, Cass, Chippewa, Chisago, Clay, Clearwater, Cook, Cottonwood, Crow Wing, Dakota, Dodge, Douglas, Faribault, Fillmore, Freeborn, Goodhue, Grant, Hennepin, Houston, Hubbard, Isanti, Itasca, Jackson, Kanabec, Kandiyohi, Kittson, Koochiching, Lac Qui Parle, Lake, Lake Of The Woods, Le Sueur, Lincoln, Lyon, Mahnomen, Marshall, Martin, Mcleod, Meeker, Mille Lacs, Morrison, Mower, Murray, Nicollet, Nobles, Norman, Olmsted, Otter Tail, Pennington, Pine, Pipestone, Polk, Pope, Ramsey, Red Lake, Redwood, Renville, Rice, Rock, Roseau, Saint Louis, Scott, Sherburne, Sibley, Stearns, Steele, Stevens, Swift, Todd, Traverse, Wabasha, Wadena, Waseca, Washington, Watonwan, Wilkin, Winona, Wright and Yellow Medicine counties.