Felony doesn’t always impair Minnesota gun rights

A Minnesota felony doesn’t always impair gun rights. But many still believe that “any Minnesota felony conviction will mean a lifetime loss of gun rights.” That’s wrong.

General rule & exceptions

When felony probation ends, Minnesota law automatically restores gun rights, with other civil rights — the rights of citizens. At least, this is the general rule of Minnesota law. We discuss exceptions to that general rule below.

The Right to Firearms: The right to self-defense and firearms is a natural, human right. It belongs to you because you were born a human being. The United States was born in revolution and violent struggle to force government to respect our natural rights. And the United States Constitution makes this respect clear.

Our rights predate, and don’t originate in the Constitution. But the Constitution, the highest law of the land, is our covenant creating a limited government lacking constitutional authority to violate our pre-existing rights. Our rights are older than the government — much older.

As the U.S. Supreme Court ruled:

“The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.”

District of Columbia v. Heller, 554 US 570 (US Supreme Court 2008)

The law, however, does limit our rights under some circumstances. Even so, the courts give strict scrutiny to any law limiting our fundamental rights. We are skeptical of legal limitations of our rights.

Certain pending criminal charges or convictions historically have limited our civil rights to firearms. (And not just gun charges.)

As criminal defense attorneys, part of our job representing people is to understand how to protect civil rights.

Will felony conviction mean lifetime civil rights denial?

A common misconception holds that “any felony conviction will destroy your civil rights to firearms forever.”

But any Minnesota felony doesn’t impair gun rights indefinitely. Only some do.

Felony doesn’t always impair Minnesota gun rights

We have heard that wrong statement of the law (that a felony always means lifetime loss of gun rights). And we’ve heard that from people who should know better.

Is there any explanation for that widespread misconception about the law? The two main reasons for this common misunderstanding of the laws are:

1. Gun laws are numerous and too complex – short of in-depth study.
2. The laws change – many fail to update their knowledge.

Solution: we walk you through law

And here we explain why “a felony conviction” doesn’t always impair Minnesota gun rights indefinitely.

Two common exceptions to that general rule are:

1. “felony crimes of violence” and
2. “misdemeanor crimes of domestic violence.”

If lost, these rights may either be:

• automatically restored by operation of law (statute); or,
• by Petition to a judge through a court order; or,
• Pardon, by the Minnesota Pardons Board.

Loss of gun rights: some pending charges & convictions

Civil rights to firearms can be temporarily suspended while certain criminal charges are pending before the Minnesota court, due to a condition of pretrial release, statute, or a condition of a stayed disposition.

They can be also be temporarily or indefinitely lost upon conviction of certain crimes under Minnesota law. For example, Minnesota Statutes § 624.713, subd. 1 (10) (i), says:

“Subdivision 1. Ineligible persons. The following persons shall not be entitled to possess ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause (1), any other firearm: …
(10) a person who:
(i) has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year [felony];”

Minn. Stat. § 624.713, subd. 1 (10) (i)

The above excerpt, alone, could mislead a person who has not studied the large web of Minnesota gun laws. In isolation, it seems to say that a felony conviction will result in an indefinite loss of civil rights to firearms. But below we discuss the other, more specific Minnesota statutes to the contrary.

Every conviction for a Minnesota felony strips civil rights to firearms until the moment of discharge from probation or sentence. Minnesota Statutes § 624.713, subd. 1 (10) (i).

Unless their conviction was for a felony “crime of violence” or other exception; Minnesota law automatically restores civil gun rights upon completion of sentence (e.g., probation).

Felony conviction is not default lifetime rights loss

General rule

We begin with the general rule. Following a Minnesota conviction, a statute restores civil rights to firearms at the completion of, or discharge from sentence “the same as if such conviction had not taken place.” Minnesota Statutes § 609.165:

“RESTORATION OF CIVIL RIGHTS; POSSESSION OF FIREARMS AND AMMUNITION, 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.”

Minn. Stat. §609.165

Note that the level of conviction – felony or misdemeanor – doesn’t matter. The severity level of the crime is not a factor. This general rule statute restores gun rights upon discharge from sentence.

So clearly, a Minnesota felony doesn’t always impair gun rights.

But felony “crime of violence” conviction: default lifetime ban

Exceptions to general rule statute

One of the two major exceptions to the general rule, above, is Minnesota’s “felony crime of violence” statute. It strips civil rights to firearms for life for a “felony crime of violence” conviction. Minnesota Statutes § 609.165:

“Subd. 1a. Certain convicted felons ineligible to possess firearms or ammunition. 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 or ammunition for the remainder of the person’s lifetime. Any person who has received such a discharge … whose ability to possess firearms and ammunition has been restored under subdivision 1d, shall not be subject to the restrictions of this subdivision.“

Minn. Stat. § 609.165

The specific list of crimes defined as “felony crimes of violence” is in Minnesota Statutes § 624.712, subdivision 5. If a crime is listed, it triggers a lifetime loss of civil rights. Otherwise, for crimes not on that list, discharge from felony probation or sentence will generally restore gun rights by statute.

So it’s important to check the list. Because despite the misleading “crimes of violence” label; many listed convictions are actually non-violent and technicalities, notably marijuana crimes.

And the legislature has changed the list, and likely will again. I discuss one proposal to do so in my article: Removing Drugs from Minnesota’s “Crimes of Violence” Law.

Exceptions to exception: restoring rights after felony “crime of violence”

What if a felony “crime of violence” conviction does indefinitely impair a person’s civil rights to firearms?

A court order, or a pardon can restore them. For more on that, see my page: Restoration of Civil Rights to Firearms in Minnesota.

What about a federal law that felony conviction begins loss of gun rights?

Federal laws are in need of some house-cleaning, to convey clear meaning. But bottom line – federal law says that state laws that take away, can restore civil rights to guns.

United States Supreme Court explains

This United States Supreme Court case offers a succinct explanation:

A federal statute forbids possession of firearms by those convicted of serious offenses. An abbreviated version of the statute is as follows:

“It shall be unlawful for any person—
“(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; …
“to … possess in or affecting commerce, any firearm or ammunition …” 18 U.S.C. § 922(g). …

Until 1986, federal law alone determined whether a state conviction counted, regardless of whether the State had expunged the conviction. Dickerson v. New Banner Institute, Inc., 460 U.S. 103, 119—122 (1983). Congress modified this aspect of Dickerson by adopting the following language:
“What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, …” §921(a)(20).

The first sentence and the first clause of the second sentence define convictions, pardons, expungements, and restorations of civil rights by reference to the law of the convicting jurisdiction. See Beecham v. United States, 511 U.S. 368, 371 (1994). …

We note these preliminary points. First, Massachusetts restored petitioner’s civil rights by operation of law rather than by pardon or the like. This fact makes no difference. Nothing in the text of §921(a)(20) requires a case-by-case decision to restore civil rights to this particular offender. While the term “pardon” connotes a case-by-case determination, “restoration of civil rights” does not.

Caron v. United States, 524 U.S. 308 (US Supreme Court 1998)

Minnesota law controls

Therefore, ultimately Minnesota law, not federal law determines whether a Minnesota felony conviction makes a person ineligible to possess a firearm. See, also 18 U.S. Code § 921, (a) (20) the term “crime punishable by imprisonment for a term exceeding one year;” and, 27 CFR 478.11.

This is Black Letter Law. The law is clear and unambiguous.

Minnesota law, not federal law, determines whether a person loses their civil rights to firearms for a felony conviction. And Minnesota law determines how and when those rights can be restored.

If you hear anyone repeating the old misinformation, send them this article for a simple explanation of the law. At minimum, at least know that a Minnesota felony conviction doesn’t always impair gun rights.

“What if felony conviction deemed a misdemeanor after Stay of Imposition?”

Short answer: When it comes to gun rights, a “Stay of Imposition” is worthless. Why?

The law automatically restores rights upon discharge from probation or sentence; if the Minnesota felony conviction was not on the list in Minn. Stat. 624.712, subdivision 5. That statute lists the Minnesota felony “crimes of violence.”

If the law later reduced the conviction level to a non-felony under Minnesota Statutes § 609.13, Subdivision 1; and if the conviction was for a felony charge on the “crime of violence” list; then the person convicted suffers a lifetime ban from possessing firearms under Minnesota Statutes §624.713, Subd. 1 (10).

This is because the conviction was “punishable by imprisonment for a term exceeding one year” at the time of sentencing, and that person had a “felony conviction” for a period of time.

What about felony juvenile adjudications?

For purposes of gun rights, a Minnesota juvenile adjudication triggers the same gun rights disabilities as an adult “conviction.” A juvenile “adjudication” is the functional equivalent to an adult “conviction.” See, Minnesota Statutes § 242.31, RESTORATION OF CIVIL RIGHTS; POSSESSION OF FIREARMS.

And so, for juveniles, a Minnesota felony adjudication doesn’t always impair gun rights indefinitely. Those rights can be restored, whether lost for a juvenile adjudication, or for an adult conviction.

After “misdemeanor crime of domestic violence” conviction

See my article: Civil Rights to Firearms after a Minnesota “misdemeanor crime of domestic violence” conviction.

Criminal law & gun rights Timeline

Let’s consider a timeline in a person’s life with the effect of criminal law events on their civil rights.

The person is born in the U.S.A. with their natural rights to firearms subject to age limits, etc.

Then, a felony or selected misdemeanor pending charge may temporarily suspend your gun rights; pending the outcome. Dismissal, a not-guilty verdict, or a conviction could eventually result.

If convicted of a felony or selected misdemeanor crimes, the person loses their civil rights to firearms. And this includes any probation period.

But after that, the general rule Minnesota statute restores their civil rights to firearms upon completion of sentence, with exceptions.

And for some felony and selected misdemeanor crimes, the Minnesota law exceptions trigger an indefinite or lifetime ban. Later gun rights restoration might be possible, for example by court order or pardon for people so affected.

The key event periods along the timeline are:

1. Pending criminal charge
2. Pending sentence (after conviction, before completion of probation, sentence)
3. After discharge from sentence

Grey area between black letter law

What at first appears to be a “grey area of the law,” often is just a lack of understanding the law. This is because gun laws are more complex than they need to be, or should be. And we have both Minnesota and federal laws to review – statutes and case-law. But grey areas of ambiguity do sometimes exist between the clear, unambiguous areas of gun laws on either side.

Looking forward, no one wants to be on the wrong side of the law; or even in a legal grey area. But once already charged with a crime, no one can change the past. And in criminal defense of the past, the legal grey area should mean “not guilty.”

Retrospective view

When defending against a criminal charge like “Ineligible Person in Possession of Firearm,” that grey area can be “reasonable doubt.” (A person with a pending criminal charge should be sure their defense lawyer can protect their civil rights.)

But some prosecutors and some defense attorneys fail to understand gun laws. And this can result in a wrongful conviction for “prohibited person in possession of a firearm;” based on a non-listed past Minnesota felony conviction.

So be sure to to retain a criminal defense attorney who knows not only criminal law, but also gun law.

One basic test: does the attorney know that a Minnesota felony doesn’t always impair gun rights? Be sure your defense attorney knows the law.

Prospective view

But a person with a past conviction, does not want to even risk being on the wrong side of the law; especially as some random law enforcement officer or prosecutor may mistakenly interpret it.

The law may have fully restored their civil rights. But they may still have trouble. Because someone may fail to understand that a Minnesota felony doesn’t always impair gun rights.

So if someone tells you that a felony conviction always means a loss of civil rights to firearms; remember that a Minnesota felony conviction doesn’t always impair gun rights indefinitely. And recommend this article for the roadmap of the law.

Effect on Carry Permit

If a person may not lawfully possess a firearm, then a Minnesota Sheriff will not issue that person a Minnesota Carry Permit. In fact, ineligibility to possess is by far the most common reason cited for denials. If a carry permit holder picks up a pending criminal charge, their carry permit may be voided, and in some cases their right to possess a firearm may be suspended.

And similarly, even in places where a carry permit is not required (such as in the home), the person who is criminally prohibited from possessing a firearm, cannot lawfully carry either.

The Author

Thomas Gallagher is a Minnesota Defense Attorney who handles criminal cases involving self-defense, and gun crimes. A Second Amendment and Bill of Rights supporter; Thomas Gallagher has taught and written on firearms law and the law of self-defense.

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