Regain Your Right to Carry or Own a Gun
You can lose your gun rights for several reasons. Why they were taken away in the first place determines how you can go about getting them back. Some firearm restrictions fall under state law, while others fall under federal law. Sometimes, they fall under both. If you’re wondering how to have your firearms rights restored, you’ve come to the right place.
Many, if not most, individuals convicted of a crime are decent people who have gotten themselves into bad situations. In some cases, the justice system itself may have worked against them. Likewise, maybe they simply could not afford adequate representation by an experienced criminal attorney.
Can I Hunt with a Firearm Again?
Many hunting enthusiasts have found themselves unable to buy, own, transport, possess, and operate a firearm after having been convicted of a violent crime. While it isn’t always an easy process, you may be able to have your gun rights restored. As a result, you’ll be able to enjoy the hunting game once again. If you’re not a bowhunter, it’s difficult to hunt black bears or deer if you can’t possess a firearm or ammunition.
It is important to work with an experienced firearms rights restoration attorney from a trusted law firm at times like this. As your attorney, we’ll be able to determine if the information you were given about your firearms revocation was valid or not. In addition, we’ll guide you through the process of having your rights restored.
If you have had your gun rights revoked in Minnesota or North Dakota, contact us for a free consultation on your situation. We’ll first listen to your side of the story. Then, we will point you in the right direction for the restoration of civil gun rights.
Restoring Your 2A Rights Following a Felony Crime
Having been convicted of a violent crime typically makes your ability to possess firearms difficult, though not impossible. This is especially true if the conviction involved a gun. If you have been convicted of a crime, there are a couple of options available to you.
State Pardon or Court Order
Pardon: There are a few factors that play into this, such as the nature of the crime and the severity of the charges against you. Under Minnesota law, if your record has been clean for the past 5 to 10 years, you can apply to the State Board of Pardons to be released from punishment or penalty. Although this will not necessarily absolve you of the crime itself. Pardons are difficult to receive and are not often granted.
Court Order: A court order, also known as Judicial Restoration, sets the bar a little lower. It is, therefore, easier to obtain than a pardon. If you are no longer confined physically for the crime, you may petition the court to have them reinstated. Furthermore, you’ll need to provide a good reason as to why your firearms rights should be restored. In addition to the petition, a hearing may be required involving your statements. Statements from upstanding members of the community may also be required.
Some misdemeanor and gross misdemeanor crimes may not affect your gun rights at the State level. However, the conviction may invoke Federal firearm restrictions. It may be necessary to work on having the misdemeanor conviction modified or overturned.
If you are convicted of a violent crime, part of the judge’s sentencing may include restricting your firearms rights for a certain period of time. For example, if you were convicted for domestic abuse, this may be your case. It may also mean that you cannot purchase, own, possess, carry or operate a gun until the requirements of your probation following the domestic violence conviction have been met.
A felony conviction automatically restricts civil gun rights in Minnesota. However, once your sentence has been completed or your sentence (either by its expiration or via court order), your firearms rights will be restored. In most cases, if you are convicted of a violent crime, you face a lifetime of restrictions on transporting, possessing, or receiving firearms.
Call for a Free Gun Rights Restoration Consultation
At Thorwaldsen and Malmstrom PLLC, we understand that your gun rights are important to you. We also acknowledge that you would like to move on from your past. If you have been convicted of a crime and would like to speak with a gun rights attorney in Western MN or Eastern ND, contact us today to learn more. We are here to provide you with a free consultation about your circumstances.