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.
The process can vary from several weeks to several 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.
The courts work on a first-come, first-served basis. Therefore, the sooner you sign up, the sooner it 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.
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.
It is difficult to say without researching your case. We charge a researching fee to do it and we apply that to the cost of any service that you hire us to perform.
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.
Most people hire an attorney to (1) make sure it is done right the first time so it 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.
No, it 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.
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.
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. It is best to keep a copy of the order for your own records, 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.
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.
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.
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.
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.
If it is denied, it is usually because of (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.
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.
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.
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.
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.
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.
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.
Call us 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