The right to bear arms is one of the most hotly debated protections guaranteed by the U.S. Constitution, but what’s not up for debate is the fact that the vast majority of gun owners are responsible and law-abiding citizens. That’s especially true in Minnesota, where a larger percentage of gun owners have weapons for hunting purposes. Even though they may be highly responsible with their firearm, a mistake in another area of their life could lead to the revocation of their right to possess a firearm. In today’s blog, we take a closer look at why you may lose you gun rights and how a defense lawyer can help you get them back.
Restoring Your Gun Rights In Minnesota
We field a fair amount of calls from individuals who are concerned about how their pending criminal charge could affect their right to possess a firearm, or from individuals who are interested in seeing what they can do to get this right restored. Gun laws in Minnesota and across the country are complex, so there isn’t always a simple path to getting your gun rights restored. However, we’ll try to paint a picture of how you could start the process and work towards getting your gun rights restored.
For starters, let’s take a look at why your right to possess a firearm may be revoked in the first place. Reasons for gun rights revocation include:
- Criminal convictions
- Pending criminal charge
- Commitment for mental illness or chemical dependency
- A judicial finding of incompetence due to mental illness
Now, not all criminal convictions or pending charges will result in the revocation of your gun rights. There are two main types of crimes that can result in the revocation of your right to possess a firearm – felonies and domestic violence crimes.
Felonies – If you are convicted of a felony crime of violence, you will be prohibited from possessing a firearm for the rest of your life. It’s also worth noting that certain crimes are considered “crimes of violence” even if no violent conduct took place. Minnesota views drug charges as such, meaning a felony sale or possession of drugs from a decade ago could render you unable to legally possess a firearm. With that said, you may be able to petition the court to get these rights reinstated. With a defense lawyer by your side, you’ll work to prove that good cause exists to have your rights restored. This typically involves showcasing why you would like to have your rights restored and proving that having such rights would not pose a threat to the community. Finally, it’s worth noting that if this request is denied, you’ll have to wait three years before you can file another petition for restoration, which is why it’s so important to have an expert by your side and earn reinstatement the first time.
Domestic Violence Crimes – Certain misdemeanor and gross misdemeanor crimes can also result in the termination of your gun rights if they are of the domestic violence variety. Those who are convicted of certain domestic violence offenses will have their gun rights revoked, and unlike with felonies, you will not be able to petition to have the court reinstate your rights. You will have lost them for life. With that said, there is a somewhat narrow scope to which a domestic violence crime can result in your gun rights revocation. Essentially, your rights can only be revoked if the incident involved an element of harm and the victim is your spouse, boyfriend/girlfriend, your ex or your child. If it doesn’t meet this criteria, you may be able to retain your gun rights, but you may also need a lawyer because certain convictions automatically flag in the system and require an appeal to the FBI.
If you’re concerned about having your gun rights revoked, sync up with a lawyer. We can explain how the charge could affect your gun rights and share some options for moving forward. For example, there may be a way to accept a plea deal that sees you plead guilty to a lesser crime that doesn’t not trigger an automatic revocation. It may not be the perfect situation, but if you’re an avid hunter that needs to retain their ability to possess a firearm, it’s something we can cover to ensure you earn an outcome that avoids the worst possible scenario.
So if you have been convicted of a felony or a domestic violence charge, or you have pending charges hanging over your head, reach out to Avery and the team at Appelman Law Firm and let us ensure you can continue to legally possess a firearm. For more information or for a free case review, give us a call today at (952) 224-2277.
