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Can you get your gun rights back in Minnesota?
Restoration of Civil Rights
Gun laws in Minnesota are a web of Constitutional rights, Minnesota state and federal statutes, and court rulings. But information here should help those researching the laws. It’s not legal advice.
Step one: Find the Cause & Document
Before understanding how to get your gun rights back, you need to understand what event(s) caused the civil rights disability. (The fact that the vast majority of Minnesota Carry Permit denials are because the applicant cannot lawfully possess a firearm, tells us that most of those people had no idea they were ineligible to possess, much less qualify for a carry permit.)
The two most common are: Minnesota felony “crime of violence” and “misdemeanor crime of domestic violence” conviction. So, “finding the cause” begins with getting the court documents from the Minnesota court file, such as Sentencing Order and Probation Discharge Order.
But there are other, less common events. And these include a civil commitment for mentally illness, a juvenile adjudication for a felony “crime of violence,” etc. (see, e.g., the list in Minn. Stat. 624.713).
A person who has lost their civil rights to firearms can be criminally prosecuted. And, we discuss that here: Defending persons charged as a prohibited person in possession of a firearm in Minnesota. But preventing the problem is better than attempting to remedy it later.
If you’ve lost civil rights; can you get gun rights back?
This page focuses on restoring gun rights after a Minnesota felony conviction. But here is a link to our in-depth article about a common misdemeanor:
Restore civil rights to firearms after Minnesota domestic assault conviction.
Step two: General Rule
Automatic Gun Rights Back After Minnesota Felony
The general rule is that you automatically get your gun rights back after your Minnesota felony sentence expires. And when your felony sentence expires, you are off-paper. So this means discharge from jail or prison and also discharge from probation or supervised release.
But, for some Minnesota felonies there is a default lifetime ban. More on that exception below. But first, let’s look deeper at the general rule.
Anyone convicted of a felony loses their civil rights to firearms at least until discharge from the sentence or probation:
“CERTAIN PERSONS NOT TO POSSESS FIREARMS.”
Minn. Stat. 624.713, Subd. 1 (10)
Minn. Stat. 624.713, Subd. 1 (10) “a person who:
(i) has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;”
The Minnesota general rule is automatic restoration of civil rights for persons with felony, and misdemeanor, convictions.
And this is black letter law in Minnesota, recognized by its courts:
“‘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.’ Minn. Stat. § 609.165, subd. 1 (2014). In April 2007, appellant was convicted of escape from custody, a felony, in violation of Minn.Stat. § 609.485, subd. 4(a)(1) (2006). The statute under which appellant was charged in this case, Minn.Stat. § 624.713, subd. 1(10)(i), defines an ineligible person as ‘a person who has been convicted . . . of a crime punishable by imprisonment for a term exceeding one year.” However, excluded from the definition of ‘crime[s] punishable by imprisonment for a term exceeding one year’ are those convictions after which the defendant has been discharged and restored to his full civil rights under Minn.Stat. § 609.165, subd. 1, unless the conviction was ‘of a crime of violence as defined in section 624.712.’ Minn.Stat. § 609.165, subd. 1a.”
State v. Sam, 859 NW 2d 825 (Minn App 2015).
After off-paper: gun rights back
Restoration is by operation of statute, upon completion of sentence (discharge from sentence, probation, or supervised release). 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.”
Minn. Stat, §609.165
But note that the above conflicts with another statutory provision applicable to misdemeanor and gross misdemeanor drug crimes, apparently creating a conflicts-of-law issue:
“Subdivision 1 (4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or gross misdemeanor violation of chapter 152, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other such violation of chapter 152 or a similar law of another state; …”
2020, Minn. Stat. §624.713, Subd. 1 (4)
Step three: Exception to General Rule
Felony “Crimes of Violence”
But a felony “crime of violence” conviction triggers loss of gun rights forever, by default.
Yet the exceptions to this exception are the right to petition the court for restoration; or to seek a Pardon. Therefore, to know how to get gun rights back, we need to know:
- Does the person have a “felony conviction?” Is the sentence over (has probation ended)?
- Was the felony conviction for a listed “crime of violence?”
The most common impairment to civil rights to firearms is based upon a conviction for a felony “crime of violence.” But beware: The term “crime of violence” as defined by the applicable Minnesota Statute (624.712, subd. 5) is misleading, since it lists crimes which are non-violent, in the real world, for example possession of marijuana.
So the statutorily-defined “crimes of violence” are a technicality or legal fiction, and fail to match common meaning.
Step four: Exceptions to the Exception
A. Court Order Restoring Civil Rights
Minnesota Statutes §609.165 “Restoration of civil rights; possession of firearms” provides:
“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 … possess … a firearm or ammunition for the remainder of the person’s lifetime. Any person who has received such a discharge and … 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
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 … possesses … a firearm or ammunition, 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. …
(c) The criminal penalty in paragraph (a) does not apply to any person … whose ability to possess firearms and ammunition has been restored under subdivision 1d.
Subd. 1d. Judicial restoration of ability to possess firearms and ammunition by felon. A person prohibited by state law from … possessing, or receiving a firearm or ammunition 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 … firearms and otherwise deal with firearms and ammunition.
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. …
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.”
B. Pardon
A Pardon granted by the Minnesota Pardons Board for a Minnesota crime, will restore all civil rights. This include civil rights to firearms.
FAQ: Expungement vs. Civil Rights Restoration
In Minnesota, the laws generally restore civil rights (e.g. voting, firearms) for those convicted of crimes upon discharge from sentence.
But in some cases Minnesota laws fail, to restore your gun civil rights after a conviction and sentence expiration.
Some assume that a court’s Expungement Order, if granted, would also restore civil rights to firearms. But generally that is not the case, any more in Minnesota. For example, Minn. Stat. 609A.02. Minnesota’s expungement statute, Section 609A.03 (2022), now provides:
“Subd. 5a. Order concerning crimes of violence; firearms restriction. An order expunging the record of a conviction for a crime of violence as defined in section 624.712, subdivision 5, must provide that the person is not entitled to … possess … a firearm for the remainder of the person’s lifetime. Any person whose record of conviction is expunged under this section … whose ability to possess firearms has been restored under section 609.165, subdivision 1d, is not subject to the restriction in this subdivision.”
Minn. Stat. 609A.03
So that expungement statute explicitly states that an expungement order will not restore gun rights for persons subject to the lifetime ban for felony “crimes of violence;” but a court Order under Minn. Stat. § 609.165, subdivision 1d, will.
For a deeper discussion of the interplay between Minnesota and federal law, of expungement and firearm civil rights, see our articles:
Felony doesn’t always impair Minnesota gun rights
Civil Rights, Guns & Marijuana: Minnesota Expungement is Broken
The quick take-away is that a typical Minnesota expungement won’t get your gun rights back.
FAQ: Gun Rights Back after Stay of Imposition?
A frequently asked question goes like this: “I completed my felony probation on a Stay of Imposition. And they said the conviction reduces to a misdemeanor upon completion of probation. Does this mean my gun rights are back?”
But to answer that, we must answer another first: “was the felony conviction for a felony ‘crime of violence?'” If not, Minnesota law automatically restores gun rights upon discharge from probation. And this is true regardless of whether a stay of imposition.
But if a felony “crime of violence” conviction; then the person suffers a default lifetime loss of gun rights. However, one exception to the lifetime ban is the legal right to petition the court for restoration. Another exception is a Pardon, which restores all civil rights.
Felony conviction for period of time
The following law confuses many, since it would appear to make a felony conviction a non-felony after completing probation — but it does not for purposes of gun rights.
Minnesota Statutes § 609.13 CONVICTIONS OF FELONY OR GROSS MISDEMEANOR; WHEN DEEMED MISDEMEANOR OR GROSS MISDEMEANOR.
Minn. Stat. § 609.13
Subdivision 1. Felony. Notwithstanding a conviction is for a felony: …
(2) the conviction is deemed to be for a misdemeanor if the imposition of the prison sentence is stayed, the defendant is placed on probation, and the defendant is thereafter discharged without a prison sentence.
However, the above does not change this more specific statute:
“CERTAIN PERSONS NOT TO POSSESS FIREARMS.”
Minn. Stat. 624.713, Subd. 1 (10)
Minn. Stat. 624.713, Subd. 1 (10) “a person who:
(i) has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;”
A crime punishable by imprisonment for a term exceeding one year is the definition of a Minnesota felony crime. So what matters is a conviction “punishable” by imprisonment … one year or more. (“Punishable” refers to the maximum possible imprisonment term, not the sentence the judge imposed.)
And this does not change even though “deemed” a misdemeanor after a Stay of Imposition is completed, due to Minnesota Statutes § 609.13, Subd. 1(2), quoted above. The key is that at the moment of the judge’s “adjudication” (at the sentencing hearing) the crime is still punishable by one year or ore, with a “Stay of Imposition,” at least for the period of the “stay.”
Compare to a judge “adjudicating” a defendant guilty of a felony charge and immediately sentencing a Gross Misdemeanor sentence. In that situation, the defendant was never “convicted” of a crime “punishable” by one year or more, even though the charge began as a felony.
That is why a Stay of Imposition on a felony conviction, does not restore firearm civil rights for statutory “crimes of violence,” including the non-violent crimes on that list.
“Stay of Imposition” Redux
So, for purposes of getting gun rights back after a felony “crimes of violence” conviction, a “stay of imposition” makes no difference.
Practice tip: The severity level of the charge or of the sentence “imposed” by the judge at the time of sentencing; can avoid the problem.
So criminal defense lawyers like Thomas Gallagher who understand gun laws have another way to protect clients, prior to any plea agreement or trial. This prevents a big headache down the road.
The defense attorney can try to get a Gross Misdemeanor sentence instead of a Felony Stay of Imposition, at the time of sentencing. And a gross does not trigger the felony “crimes of violence” gun rights disability; because an “imposed” gross misdemeanor is less than a felony (is not “punishable” by one year or more.)
Gun Rights Back After “Stay of Adjudication?”
First, what’s a “stay of adjudication?”
It’s a term-of-art in criminal law. And it refers to one type of disposition (outcome) of a criminal case.
The word “stay” means to pause. The word “adjudication” essentially means “conviction.” So, a “stay of adjudication” is a criminal case on pause prior to conviction. When court stays adjudication, the judge postpones adjudicating (convicting) the defendant. And this happens after a guilty plea with a sworn factual basis and waiver of rights. Or, it can happen after a trial and guilty verdict.
But the judge pauses the proceedings just prior to adjudication, for a period of time, with conditions for the defendant.
Though a judge can order a stay of adjudication over the protest of a prosecutor, that’s rare. (Statutory stays of adjudication under Minnesota Statutes §152.18 are an exception.)
Conditions
A “stay of adjudication” is conditional. So the defendant who agrees to this disposition must comply with the conditions the judge orders. But if the defendant violates a condition; the judge then “accepts” defendant’s previously offered guilty plea. And this results in adjudication or conviction.
But if the defendant completes the “stay of adjudication” successfully, by not violating a condition; the court then dismisses the charge. And no conviction ever results. Because there was no conviction, the dismissal of charges restores gun rights.
And federal law in the Gun Control Act of 1968 defines a conviction as whatever the definition the originating jurisdiction defines as a conviction:
“What constitutes a conviction shall be determined in accordance with the law of the jurisdiction in which the proceedings were held.” 18 U.S.C. § 921 (a)(20).
Restores?
Pending charge may temporarily strip rights
Yes, because a pending felony charge may cause a temporary loss of gun rights, via conditions of pretrial release, statute, or conditions of a stayed disposition. A person has a pending felony charge until the court discharges them from the stay of adjudication, or otherwise dismisses the charge.
So, a successful completion of a “stay of adjudication” restores gun rights, after the charge is ultimately dismissed without conviction.
Juvenile Certified as Adult
Some lose their civil rights to firearms based on a conviction, after being a juvenile certified as an adult.
Minnesota Statutes § 242.31, RESTORATION OF CIVIL RIGHTS, provides for:
- automatic restoration general rule for felonies,
- the exception for felony “crimes of violence,” and
- exception to the exception rights restoration court order.
Civil Commitment & Civil Rights
A civil commitment as mentally ill, developmentally disabled, mentally ill and dangerous, or chemically dependent; takes away a person’s civil rights to firearms. But that person can petition the court for restoration. See Minnesota Statutes § 624.713, Subd. 4.
Other ways to lose & get gun rights back
Other Minnesota laws, and federal laws, can create a loss of civil rights to firearms for reasons apart from a criminal charge or conviction. And one example is the temporary loss of civil rights during a civil Order for Protection. OFPs typically last two years.
But after they expire, you get your gun rights back automatically. (Keep in mind, however, that a criminal conviction for “Violation of an Order for Protection” can trigger a three year or longer ban under Minn. Stat. §518B.01, subd.14(j), (k).)
The Once and Future Federal Civil Rights Restoration
The federal Gun Control Act of 1968 prohibits firearm possession by categories of persons who, as a general matter, the laws suppose to constitute a danger to others if armed. For example, the prohibition in 18 U.S.C. 922(g)(1) on firearm possession by felons. It also includes a mechanism where a “person who is prohibited from possessing, shipping, transporting, or receiving firearms or ammunition may make application to the Attorney General for relief from the disabilities imposed by Federal laws with respect to the acquisition, receipt, transfer, shipment, transportation, or possession of firearms[.]” 18 U.S.C. 925(c).
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) was delegated responsibility for the process for determining who qualified for relief pursuant to section 925(c). But in 1992, Congress prohibited ATF from using funds to process applications under 18 U.S.C. 925(c).
The good news? In 2025, the U.S. Attorney General issued an interim final rule withdrawing the delegation of authority to ATF to administer section 925(c). The proposed rule seeks to implement section 925(c) by providing detailed criteria to structure and guide the Attorney General’s discretionary determinations under that statute.
FFI: Application for Relief From Disabilities Imposed by Federal Laws With Respect to the Acquisition, Receipt, Transfer, Shipment, Transportation, or Possession of Firearms – A Proposed Rule by the Justice Department on 07/22/2025.
Bottom line: This method of restoring civil rights to firearms, which has been unavailable since 1992, will once again be available. Soon, but not yet.
Gallagher no longer accepts rights restoration cases
Due to caseload, Minnesota Criminal Defense Attorney Thomas Gallagher is no longer accepting cases to Petition for the Restoration of Civil Rights to Firearms. He can still provide help with a Pardon application, another way to restore gun rights after a Minnesota state criminal conviction.
Prevention focus: A person facing pending criminal charges has an opportunity to prevent to loss of civil rights in the first place. And Attorney Thomas Gallagher is not only expert criminal defense counsel; he is also a recognized expert on gun laws and rights in the criminal law context.
Court Forms & Information
Now that you understand the above, take a look at the Minnesota Courts website. It has some helpful information and forms on “Petitioning for a Court Order restoring civil rights to firearms:” Minnesota Courts Forms on Firearms topic.
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