If you have had your right to legally own a firearm revoked, you may have to endure a long and complicated legal battle to get it restored. While getting your right to bear arms back is possible even if you were previously convicted of a felony, the specific reason why you had your rights limited in the first place could significantly limit your options.
Regardless of your personal circumstances, a skilled Bloomington gun rights restoration lawyer may be able to help you achieve your goal. With guidance from a seasoned gun attorney, you could have a much better chance of your court petition ending with a favorable outcome.
Minnesota Statutes §624.713 establishes various categories of state residents who are not allowed to legally purchase or possess any kind of firearm, as well as certain criminal convictions that allow the revocation of a resident’s right to bear arms. Specifically, anyone who has been convicted of a domestic violence offense or any other felony, or has been found to be an illegal drug user, is prohibited from firearm possession in Minnesota, as is anyone who is a fugitive from the law.
Additionally, anyone who is charged with or convicted of a “crime of violence” as defined under Subdivision 5 of Minnesota Statutes §624.712 is not allowed to possess a firearm in the state of Minnesota, nor is anyone who designated as mentally ill or developmentally disabled in any U.S. state. Finally, any former servicemember who receives a dishonorable discharge from the U.S. Armed Forces will subsequently lose their right to legally possess a firearm. A local attorney could explain what options may be available for restoring gun rights on a case-by-case basis.
The loss of gun rights following a criminal conviction in Bloomington is not always permanent. Under Subdivision 2 of Minnesota Statutes §609.165, someone who loses their right to own a gun because of a criminal conviction could have that right restored if they complete all the conditions of their sentence without incident, or if a court stays their sentence.
However, as per 18 U.S. Code §922, anyone convicted of domestic violence may consequently receive a lifetime ban from gun ownership that only an expungement of their conviction or an executive pardon can lift. In order for someone convicted of a crime of violence in Minnesota to get their gun rights restored, they must finish any term of imprisonment to which they are sentenced and then file a court petition demonstrating “good cause” for the court to rescind the restriction on the gun rights.
If the court rejects such a petition, the petitioner cannot file again for the next three years unless they receive special court permission to do so. Given how high these stakes are, working with a skilled lawyer in the Bloomington area could be necessary for anyone who wants to effectively restore their gun rights.
Federal and state laws allow for the deprivation of your gun rights under a number of different situations, not all of which have to do with criminal convictions. Fortunately, there are procedures that may allow you to get your gun rights restored, though not without a diligent work and legal knowledge.
If you want to explore your options for restoring your right to legally possess a firearm, a conversation with a Bloomington gun rights restoration lawyer should be your first priority. Call today to speak with a qualified legal professional about your circumstances.