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Minnesota Restoration Of Gun Rights FAQFrequently Asked Questions


Are you trying to restore your gun rights in Minnesota? If so, you have come to the right place. Below you will find a list of the most commonly asked questions regarding firearm rights restoration. Let us help you get your rights back with our Minnesota restoration of gun rights service. If you are unsure if you are eligible to get your gun rights restored, please take our free eligibility test.

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Topic: Minnesota Restoration of Gun Rights FAQ
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Blake
30th July 2017 1:56pm
I recently was discharged from probation. My felony charge is now a misdemeanor drug possession. I have no violent charges on my record and I was charged with the 5th degree I just got off of probation for in 2012. I have my discharged papers here and it says "this offence is deemed to be a misdemeanor under the provisions of minn stat 609.13 [...] if this offence is deemed a misdemeanor the right to posses firearms is NOT restored unless and until specifically authorised by the applicable statutes"

So how do I go about restoring my right to posses firearms?

Admin:
Your discharge order is completely correct. Deeming a felony as a misdemeanor does not affect gun rights in any way.  What is important is that the offense started off as a felony level offense which triggers both a state and federal felony firearm ban.  What you have to do is determine if your offense is a crime of violence or not.  Crimes of violence require Minnesota court-ordered firearm rights restoration while other offenses often receive automatic restoration.    

Unfortunately, controlled substances offenses are counted as crimes of violence and therefore will need a firearm rights restoration service if they started out felony level.  You can find the list of which offenses are classifed as crimes of violence here: https://www.revisor.mn.gov/statutes/?id=624.712.  From what you have told us, you would be a good candidate for the Minnesota firearm rights restoration service which we offer.
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Roy S.
17th January 2016 6:54pm
In 1983 I was convicted of a felony for having weed small amount. the judge said to me that I should not be charged with felony and said after I did my time I would get my rights back, and I have a copy of the court order that says I can have al my civil rights back and after 10 years I can have my gun rights back it been over 20 years and I still don't have them and the only run in with the law was when I was 24. Brainerd says they won't send the court order to the federal government, my paper says this is a order of the court and signed by a judge.
Admin:
Please contact our office and we can review your case details to determine what you can do to restore your firearm rights.
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Joshua
9th December 2015 7:50am
I was convicted 5 or 7 years ago of a gross misdemeanor S/A 5th D.... case I have no idea what the judge said about my civil rights being removed or gun rights in other words how do I find out if I was put under that category if I'm barred from owning a firearm even though it isn't a felony or drops in a felony level crime if there  is still some hope for me for being able to own a gun legally please let me know how to find out and what do I gotta do to restore my rights or civil rights?
Admin:
If you wish for us to do an evaluation of your case to determine if you are currently prohibited from possessing a firearm and whether you are eligible to restore that right if you are barred, please contact our office.  We can look at your entire criminal record to determine your current status and what relief you may be eligible for under Minnesota law.
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Steve
5th October 2015 9:28am
I was convicted of 2nd degree burglary when I was 17 and can't seem to find out if I can buy a hunting rifle. I've gotten a hunting license and have hunted with a rifle for the last 7 years but want to buy my own gun how do I find out if I can legally own a gun in my name?
Admin:
We can research your case and the relevant laws to determine the status of your firearm rights and what you can do to restore them, if they have been lost.  Please contact our office to get started on that service. You did not state if you were charged as an adult or a juvenile. Generally, a felony conviction triggers the federal firearm ban which would prevent you from purchasing or possessing a firearm unless your rights are restored by the court.
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A shire
9th June 2015 4:32am
Can a person who was convicted of misdemeanor Soliciting Prostitution 4 years ago buy a gun?
Admin:
If that is the the only offense on your record, you are most likely able to purchase a gun. While Soliciting Prostitution is listed in the "crime of violence" definition, the definition specifies it only applies to felony level offenses. There are also various other reasons, in addition to criminal records, why one may be prohibited from possessing a firearm.  For more information regarding your eligibility to purchase a firearm, you can review the actual application that must be submitted in order to receive a permit to buy a firearm: MN Firearm Application 

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Nikonguy
8th June 2015 9:30pm
Ok I have read about the restoring gun right a petition of court under § 609.165 in Minnesota , question is can I do the paper work myself? I am poor and cannot afford an attorney. None of my Misdemeanor petty assault charges have anything to do with a firearm. But fall with in \'crimes of violence\'.
Admin:
Like most legal services, you do not need to hire an attorney to handle a firearm restoration in Minnesota.  You can file the restoration petition yourself; however, an attorney would assist you in making sure you had all the necessary information needed before filing, that the paperwork was drafted and filed with the court properly, and most importantly, would respond to any objections by the state and appear at any hearings on your behalf.
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Sam
25th April 2015 9:17pm
I have a non violent felony in Illinois would like to get restored for Minnesota.
Admin:
If you are interested in determining your options for restoring your firearm rights, please contact out office.  We can do a firearm rights evaluation for a small fee.  This area of law can be very complex, especially when the situation involves more than one state as federal law also comes into play.  We can look into your situation and your options for restoring your rights in Illinois and/or Minnesota.
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John
15th February 2015 8:18am
How can I determine if my gun rights have already been restored?
Admin:
To determine if you are eligible to purchase a firearm in Minnesota, you can review the restrictions listed on the application: https://dps.mn.gov/divisions/bca/bca-divisions/administrative/Documents/Permit-to-Purchase-Transfer-Application.pdf.  In the FAQs above, we have listed the offenses that are considered a "crime of violence" in MN.  If you were restricted and have submitted an application for restoration with the court, you would be notified, by receipt of a signed granted order, once the court has decided on that application.  If you can honestly sign the application linked above, stating that those restrictions do not apply to you, you can submit that to apply for a permit to purchase. Contact out office if you have any concerns about a possible restriction and we can do a firearm rights analysis to determine if you are currently restricted under either state or federal law.
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Chase
28th January 2015 8:43pm
I plead guilty to conspiracy to commit first degree assault when I was 17. I was placed on EJJ until I am 21.
I was wondering if at all its possible to even get my gun rights back as my entire family are gun enthusiasts, and it keeps me away from a big section of my life all for 3 months of me being stupid! Any response would be greatly appreciated.
Admin:
Given that you were sentenced as an EJJ “extended jurisdiction juvenile,” for a crime of violence, you are subject to a lifetime firearm prohibition under MN law.  However, the good news is that you can apply for a gun restoration.  The same section of MN law that permits adults convicted of a crime of violence to apply for a restoration allows those sentenced EJJ to apply as well. If the restoration is denied, there is a 3 year waiting period before you can reapply.
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Scott
11th December 2014 3:01am
What is the average cost for gun rights restoration?
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Jenna Thorne
11th December 2014 10:47am
You can find more information on the pricing of this service here: http://www.recordgone.com/expungement-minnesota/restoration-of-gun-rights/

Our flat fee covers the entire process, including all the work conducted by the attorney, attendance at any hearings, and the court costs/filing fees.
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jag81
13th November 2014 5:42am
I'm trying to get my gun rights back. My last conviction a 2008 drug charge in Minnesota. I've been off paper and paid all my fines and restitution. Can I get my gun rights back and what do I have to do? How long do I have to wait?
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Jenna Thorne
3rd December 2014 3:56pm
There is no set time for how long someone must wait to apply for firearm restoration in Minnesota. The only requirements under the statute is that you have been released from physical confinement and the court must find "good cause" to restore the rights. The more evidence you have to show that you need your rights restored (such as for a job or for hunting) and that you are not a danger to anyone else or yourself, the better your chances of success. Please contact us to discuss the specifics of your case.

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