If you have a criminal conviction on your record, you may lose the right to possess a gun. Convicted individuals are legally allowed to regain their right to buy and possess firearms, but the process to do so can be challenging if you do not retain legal counsel. Fortunately, an Edina gun rights restoration lawyer could help you understand the nuances of the legal system and help you successfully become a gun owner again.
Convictions and Gun Ownership
Depending on a person’s criminal history, they may lose their right to possess a gun upon conviction. The defendant could lose their firearm privileges for convictions for violent crimes and minor crimes resulting in probation. The terms of a defendant’s charges may prohibit them from owning a firearm during and after their probation period.
The original criminal charge dictates the defendant’s right to own a gun. Violent crimes that can result in the defendant permanently losing their right to own a firearm include:
- Felony drug offenses
Wrongful possession of a gun could result in severe penalties, including steep fines and mandatory imprisonment of five years. To avoid these consequences, the defendant should contact an Edina attorney for help restoring their gun rights right away.
Restoring a Defendant’s Gun Rights
Applications for gun ownership can be lengthy and typically involve intense scrutiny from the government. When the applicant has a criminal conviction, this process becomes more complicated, and the application’s approval is less likely. This is why the advice of a gun rights restoration attorney in the area is so crucial in these cases.
An experienced attorney could help the defendant apply to the court for restoration of their gun rights. Courts treat each defendant separately and look at the defendant’s circumstances when deciding whether to restore their gun rights. Under Minnesota Statute §609.165, when the court denies an application, the defendant must wait three years before filing another application.
An experienced attorney could help the defendant communicate with the court and present a strong argument for gun rights restoration by demonstrating that there is good cause for the defendant to have their rights restored.
After Gun Rights are Restored
Once the defendant’s gun rights are restored, the process of achieving gun ownership is not over. The defendant must still go through the normal process of applying for gun ownership, and they must disclose their conviction on the application.
The defendant is required to submit a copy of the court’s order with their ownership application. To ensure the application is correct and includes all necessary information, the defendant should seek guidance from a gun rights restoration attorney.
Unfortunately, the defendant may have their ownership application denied even after their rights are restored. A defendant who believes the denial is improper should contact an attorney to fight it.
Contact a Skilled Edina Gun Rights Restoration Attorney Today
Once you served your punishment for a crime, you should be allowed to begin the process of restoring your rights as a citizen. Our firm understands you deserve another chance, and this includes your right to own a gun. An Edina gun rights restoration lawyer could walk you through the process of your application and ensure that you are given the best chance of success. Call our firm today to set up a consultation and learn more.