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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26852
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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In 2005 i was convicted of fifth degree p0ssion charge and

Customer Question

in 2005 i was convicted of fifth degree p0ssion charge and was wanting to know if i can get my gun rights back. it was in minn. and in court it was said after 5 years probation the felony would come off my record. thay gave me a stay of impositon and a stay of judification.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


My name is ***** ***** i am an experienced criminal lawyer.

In Minnesota, your civil rights are all returned to you after your sentence is completely discharged and your case closed.

Your felony was not a crime of violence, so your state gun rights would be restored along with your other civil rights.

That said, the Federal government also takes away your gun rights with a state felony conviction. If you fail a NICs check however, you should be able to appeal that on the grounds that the imposition of your felony sentence was stayed and all of your civil rights, including your state rights have been restored. You'd appeal the denial with the FBI and provide official documentation that your adjudication was stayed and you were not convicted of a felony. You can find out more about the process and get the link to the appeal form here.

If for some reason the appeal is denied and the Federal government still will not recognize your stay, you would have to get your matter expunged or pardoned to have Federal gun rights.

Without Federal gun rights you technically have no gun rights. Minnesota may choose to overlook that but you would still be in violation of Federal law and be prosecuted federally if the Feds had some reason to find your firearms.