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xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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I have two non-violent felonies, one in 1990 and one in 1998.

Customer Question

I have two non-violent felonies, one in 1990 and one in 1998. They were for theft. I am now trying to get a permit to purchase a handgun in the state of MN. My local law enforcement is suggesting that the law prohibits a felon from purchasing a handgun. I have been researching myself and find that since my felonies were not violent, they are over ten years old and my civil rights have been restored that I should be able to get the permit. I'm just trying to get an idea of whether I should pursue trying to get a permit or am I truly prohibited for life?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

Federal law prohibits a felon from purchasing a handgun. However, it is left to the states as to whether they wish to allow persons to purchase handguns.

I want to look up a few things. I will be back with you asap with an answer.

Thanks for your patience.
Expert:  xavierjd replied 1 year ago.
Hi Bob,

Perhaps the most lenient state on gun rights restoration is Minnesota. In this state, non-violent felons can regain their firearms rights as soon as they complete their sentences.

Below is the Minnesota State Law that deals with gun restoration and convicted felons:

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.

 

Based upon the law as it is today, there is no reason why you should be prohibited from purchasing/possessing a firearm. HOWEVER, there is a bill that is pending in the Minnesota legislature that, will if pass, make it much harder for convicted felons to purchase firearms. So, the sooner you pursue your matter, the better.

 

 

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

 

xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 2 other Criminal Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi Bob,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

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