Felons can get their gun rights back in Minnesota, but how depends entirely on the conviction. A non-violent felony restores your firearm rights automatically once you finish your full sentence. A conviction Minnesota classifies as a “crime of violence” triggers a lifetime ban, and the only ways out are a successful court petition or a pardon. Federal law adds its own prohibition on top of the state rules, and clearing one does not always clear the other.
Non-Violent Felonies Restore Automatically
If your felony is not on Minnesota’s crime-of-violence list, your firearm rights come back the moment you are discharged from your sentence. No petition, no hearing, no filing fee. Discharge happens either by court order after a stayed sentence or when the full sentence expires, including incarceration, probation, and supervised release.1Minnesota Office of the Revisor of Statutes. Minnesota Code 609.165 – Restoration of Civil Rights; Possession of Firearms and Ammunition The discharge order itself restores your civil rights as if the conviction never happened.
One catch trips people up. The trigger is full completion of every condition, not just release from custody. If you are still on probation, still paying restitution, or still owe fines tied to your sentence, your rights have not been restored yet. Wait for the discharge order in hand.
Crime of Violence Convictions Carry a Lifetime Ban
Any offense Minnesota classifies as a crime of violence carries a lifetime prohibition on firearms and ammunition. When you are discharged, the order that restores your other civil rights must expressly state that you remain barred from possessing guns for life.1Minnesota Office of the Revisor of Statutes. Minnesota Code 609.165 – Restoration of Civil Rights; Possession of Firearms and Ammunition Finishing the sentence does nothing for your gun rights in this category. You need a court order or a pardon.
What Counts as a Crime of Violence
The statutory list is broader than most people expect.2Minnesota Office of the Revisor of Statutes. Minnesota Statutes 624.712 – Definitions It covers:
- Homicide offenses, including all degrees of murder and manslaughter, and aiding suicide
- All five degrees of assault, plus domestic assault and domestic assault by strangulation
- Criminal sexual conduct in the first through fourth degrees, and sex trafficking
- Simple and aggravated robbery, kidnapping, and false imprisonment
- First- and second-degree arson, first- and second-degree burglary, and theft of a firearm or controlled substance
- Terroristic threats, harassment, drive-by shooting, riot, malicious punishment of a child, gang crimes, and unlawful possession of a machine gun
- Any felony drug offense under Chapter 152
Attempts count too. The inclusion of every felony drug conviction surprises many people, and a fifth-degree assault charged as a felony carries the same lifetime ban as first-degree murder.
Filing a Petition to Restore Your Rights
If your conviction is a crime of violence, your court-based option is a petition under Minnesota Statute 609.165, Subdivision 1d. Use form FIR102, Petition for Restoration of Firearm and Ammunition Rights, from the Minnesota Judicial Branch.3Minnesota Judicial Branch. Petition for Restoration of Firearm and Ammunition Rights (Crime of Violence Conviction) File the completed petition with the district court and serve a copy on the county attorney.
The standard civil filing fee in Minnesota district court is $310, and you can request a fee waiver if you cannot afford it.4Minnesota Judicial Branch. District Court Fees Prepare the petition with care. You will want your full criminal history and concrete evidence of rehabilitation: stable employment, character references, community involvement, and completion of any treatment programs.
The Hearing and the “Good Cause” Standard
The court sets a hearing. Two things must be true: you must be released from physical confinement, and you must show “good cause” for restoring your rights.1Minnesota Office of the Revisor of Statutes. Minnesota Code 609.165 – Restoration of Civil Rights; Possession of Firearms and Ammunition The statute does not define good cause, which leaves judges with wide discretion. In practice, expect the court to weigh the seriousness of the original offense, how much time has passed, your conduct since, and whether you present any ongoing risk.
The county attorney can appear and oppose you. That is why rehabilitation evidence matters. If the petition is denied, you cannot refile for three years unless the court expressly permits an earlier attempt.1Minnesota Office of the Revisor of Statutes. Minnesota Code 609.165 – Restoration of Civil Rights; Possession of Firearms and Ammunition A three-year lockout makes a strong first petition worth far more than a rushed one.
Applying for a Pardon
A pardon is the other route, and it is often the option after a denied petition or in cases where a court petition is difficult. Applications go to the Clemency Review Commission and include the conviction details, a statement explaining why you are asking for clemency, and evidence of rehabilitation.5Minnesota Office of the Revisor of Statutes. Minnesota Statutes Chapter 638 – Board of Pardons The Minnesota Board of Pardons consists of the Governor, the Attorney General, and the Chief Justice of the Minnesota Supreme Court. A pardon requires the Governor’s vote plus at least one of the other two members.6Board of Pardons. Board of Pardons – Clemency Review Commission
The Board meets twice a year, and the timeline from application to decision often runs into years. A pardon has one distinct advantage over a court petition: under federal law, a pardon is a recognized way to remove a conviction for federal firearms purposes, as long as it does not expressly restrict firearm possession.7Office of the Law Revision Counsel. United States Code Title 18 Section 921 – Definitions A full pardon that is silent on firearms should clear both the state and federal bars.
The Federal Ban Is a Separate Problem
This is where people get into serious trouble. Federal law independently bars anyone convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition.8Office of the Law Revision Counsel. United States Code Title 18 Section 922 – Unlawful Acts That reaches virtually every felony. Restoring your rights under Minnesota law does not automatically remove the federal prohibition, and possessing a firearm in violation of federal law is itself a serious felony.
Federal law provides an exception when a conviction has been expunged, pardoned, or had civil rights restored, unless the restoration itself says you still cannot possess firearms.7Office of the Law Revision Counsel. United States Code Title 18 Section 921 – Definitions For non-violent felonies, Minnesota’s automatic restoration should satisfy that exception because the discharge order contains no firearms restriction. For crimes of violence, the picture is murkier. The Minnesota discharge order restores other civil rights while expressly prohibiting firearms for life. A successful Subdivision 1d petition lifts the state ban and may resolve the federal issue, but this is territory where a wrong reading means committing a federal crime.
Federal law technically permits applying to the Attorney General for relief from the firearms disability, but Congress has blocked funding for those applications since 1992, so that route is effectively closed.9Office of the Law Revision Counsel. United States Code Title 18 Section 925 – Exceptions; Relief From Disabilities Before touching a firearm after a crime-of-violence conviction, talk to a firearms attorney about the federal side.
Two Restrictions That Sit Outside the Felony Rules
A misdemeanor or gross misdemeanor domestic assault conviction triggers a three-year ban on pistols, semiautomatic military-style assault weapons, and ammunition.10Minnesota Office of the Revisor of Statutes. Minnesota Statutes 624.713 – Certain Persons Not to Possess Firearms The ban lifts after three years only if you have no additional domestic assault convictions in that window. If the court finds you used a firearm during the assault, the sentencing judge sets a longer prohibition period. Felony domestic assault and domestic assault by strangulation appear on the crime-of-violence list and carry the lifetime ban instead.
An active order for protection or extreme risk protection order also bars firearm possession for as long as the order is in effect, regardless of your criminal record.10Minnesota Office of the Revisor of Statutes. Minnesota Statutes 624.713 – Certain Persons Not to Possess Firearms Restoring your rights through the felony rules will not override that separate restriction.