Full question:
Had 2d degree agg robery reduced to a misdemeanor per MS 609.13. The court website notes a 'seinstatement of rights' and a restoration of voting rights granted in August of this year. Does restoration of rights include the right to carry a gun (I want to duck hunting this fall)?
- Category: Weapons
- Date:
- State: Minnesota
Answer:
A restoration of rights in MN does not automatically restore gun rights, they need to be petitioned for.
For further discussion, please see:
http://bulk.resource.org/courts.gov/c/F2/946/946.F2d.1347.90-5512.html
Please see the following MN statute:
609.165 Restoration of Civil Rights; Possession of Firearms.
Subdivision 1. Restoration. When a person has been deprived of civil
rights by reason of conviction of a crime and is thereafter discharged,
such discharge shall restore the person to all civil rights and to full
citizenship, with full right to vote and hold office, the same as if such
conviction had not taken place, and the order of discharge shall so
provide.
Subd. 1a. Certain convicted felons ineligible to possess firearms. The
order of discharge must provide that a person who has been convicted of a
crime of violence, as defined in section 624.712, subdivision 5, is not
entitled to ship, transport, possess, or receive a firearm for the
remainder of the person's lifetime. Any person who has received such a
discharge and who thereafter has received a relief of disability under
United States Code, title 18, section 925, or whose ability to possess
firearms has been restored under subdivision 1d, shall not be subject to
the restrictions of this subdivision.
Subd. 1b. Violation and penalty. (a) Any person who has been convicted
of a crime of violence, as defined in section 624.712, subdivision 5, and
who ships, transports, possesses, or receives a firearm, commits a felony
and may be sentenced to imprisonment for not more than 15 years or to
payment of a fine of not more than $30,000, or both.
(b) A conviction and sentencing under this section shall be construed
to bar a conviction and sentencing for a violation of section 624.713,
subdivision 2.
(c) The criminal penalty in paragraph (a) does not apply to any person
who has received a relief of disability under United States Code,
title 18, section 925, or whose ability to possess firearms has been restored
under subdivision 1d.
Subd. 1c. Repealed, 1999 c 61 s 2
Subd. 1d. Judicial restoration of ability to possess firearm by felon.
A person prohibited by state law from shipping, transporting,
possessing, or receiving a firearm because of a conviction or a
delinquency adjudication for committing a crime of violence may petition
a court to restore the person's ability to possess, receive, ship, or
transport firearms and otherwise deal with firearms.
The court may grant the relief sought if the person shows good cause to
do so and the person has been released from physical confinement.
If a petition is denied, the person may not file another petition until
three years have elapsed without the permission of the court.
Subd. 2. Discharge. The discharge may be:
(1) by order of the court following stay of sentence or stay of
execution of sentence; or
(2) upon expiration of sentence.
Subd. 3. Applicability. This section does not apply to a forfeiture of
and disqualification for public office as provided in section 609.42,
subdivision 2.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
