Can Felons Get Their Gun Rights Back in Minnesota?

Felons in Minnesota can get their gun rights back, but how depends almost entirely on the conviction. If the felony is not classified as a “crime of violence,” firearm rights return automatically once the sentence is fully discharged. If it is a crime of violence, a lifetime ban applies, and the only ways out are a court petition under state law or a pardon. Federal law adds a separate prohibition that follows its own rules, so clearing the state bar does not always make possession legal under federal law.

Automatic Restoration After a Non-Violent Felony

For any felony that Minnesota does not classify as a crime of violence, firearm rights come back on their own when you are discharged from your sentence. Discharge happens either by court order after a stayed sentence or when the full sentence expires, including incarceration, probation, and supervised release.¹ You do not file anything or appear in court. The discharge order itself restores your civil rights, firearm possession included.

The trigger is full completion of every sentence condition, not just release from custody. If you are still on probation, or you owe outstanding fines or restitution that were part of your sentence, your rights have not yet been restored.

Crimes of Violence and the Lifetime Ban

If your felony is on Minnesota’s crime-of-violence list, you face a lifetime prohibition on possessing firearms or ammunition. The discharge order that restores your other civil rights has to say, in writing, that you remain barred from firearms for life.¹ Completing the sentence does nothing on its own. You need a court order under the petition process or a pardon.

What Minnesota Treats as a Crime of Violence

The statutory list is broad and catches offenses many people would not describe as violent.² The main categories:

Homicide offenses, including all degrees of murder and manslaughter, and aiding suicide
All five degrees of assault, domestic assault, and domestic assault by strangulation
Criminal sexual conduct in the first through fourth degrees, and sex trafficking
Simple robbery, 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-related crimes, and unlawful possession of a machine gun
Any felony drug offense under Chapter 152

Attempt counts as well. The sweep of felony drug convictions and lower-degree assaults catches many people off guard. A fifth-degree assault charged as a felony triggers the same lifetime ban as first-degree murder.

Filing a Petition to Restore Firearm Rights

The court-based route for crime-of-violence convictions is a petition under Minnesota Statute 609.165, Subdivision 1d. The Minnesota Judicial Branch publishes the required form, FIR102 (Petition for Restoration of Firearm and Ammunition Rights).³ You file it in district court and serve a copy on the county attorney’s office.

The standard civil filing fee is $310, with a fee waiver available if you cannot afford it.⁴ Build the petition before you file. You will want your complete criminal history and concrete evidence of rehabilitation: steady employment, character references, community involvement, and proof you have completed any treatment programs.

What the Judge Weighs at the Hearing

The statute sets two requirements. You must show “good cause” for restoration, and you must already be released from physical confinement.¹ “Good cause” is not defined in the statute, which gives judges wide discretion. In practice, courts look at the seriousness of the underlying offense, how long ago it occurred, your record since, and whether you present an ongoing public safety risk.

The county attorney can appear and oppose the petition. Strong rehabilitation evidence matters most at this stage. If the judge denies the petition, you cannot refile for three years unless the court permits it sooner.¹ That waiting period is why a careful first petition is worth more than a quick one.

Applying for a Pardon

A pardon is the other route, useful when a court petition has been denied or when the circumstances make the court process a weaker fit. The Minnesota Board of Pardons is made up 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.⁵

You apply through the Clemency Review Commission, submitting your conviction details, a statement of why you are seeking clemency, and evidence of rehabilitation.⁶ The Board meets twice a year, and the process can take years from application to decision. A pardon carries a federal advantage over a court petition, discussed below.

The Federal Firearms Ban Still Applies

Federal law separately prohibits anyone convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition.⁷ That covers almost every felony. State restoration does not automatically remove the federal bar, and violating it is itself a serious federal felony.

Federal law carves out an exception: a conviction that has been expunged, pardoned, or had civil rights restored is not treated as a conviction for federal firearms purposes, unless the restoration itself says you still cannot have firearms.⁸ For a non-violent felony, Minnesota’s automatic discharge restores civil rights without any firearm restriction, which generally fits the exception. For a crime of violence, the discharge order expressly bars firearm possession for life, so the federal exception does not apply at that point. A successful petition under Subdivision 1d lifts the state bar and may resolve the federal issue, and a pardon that does not restrict firearms is one of the clearest ways to clear both.

Federal law technically lets felons apply to the Attorney General for relief from the federal firearms disability, but Congress has blocked funding to process those applications since 1992, so that route is effectively closed.⁹ If your original conviction was a crime of violence, talk to a firearms attorney about the federal side before taking possession of a gun.

Domestic Violence and Protection Orders

Two separate restrictions can sit on top of the felony rules. A misdemeanor or gross misdemeanor domestic assault conviction triggers a three-year ban on possessing pistols, semiautomatic military-style assault weapons, and ammunition. The three-year clock resets if you pick up another domestic assault conviction, and if the court finds you used a firearm during the assault, the sentencing judge sets a longer prohibition.¹⁰ Felony domestic assault and domestic assault by strangulation sit on the crime-of-violence list, so those carry the lifetime ban rather than a three-year wait.

An active order for protection or extreme risk protection order independently bars firearm possession for as long as it is in effect.¹⁰ Restoring rights through discharge, petition, or pardon does not override that order.

1
Minnesota Office of the Revisor of Statutes. Minnesota Code 609.165 – Restoration of Civil Rights; Possession of Firearms and Ammunition
2
Minnesota Office of the Revisor of Statutes. Minnesota Statutes 624.712 – Definitions
3
Minnesota Judicial Branch. Petition for Restoration of Firearm and Ammunition Rights (Crime of Violence Conviction)
4
Minnesota Judicial Branch. District Court Fees
5
Board of Pardons. Board of Pardons – Clemency Review Commission
6
Minnesota Office of the Revisor of Statutes. Minnesota Statutes Chapter 638 – Board of Pardons
7
Office of the Law Revision Counsel. United States Code Title 18 Section 922 – Unlawful Acts
8
Office of the Law Revision Counsel. United States Code Title 18 Section 921 – Definitions
9
Office of the Law Revision Counsel. United States Code Title 18 Section 925 – Exceptions; Relief From Disabilities
10
Minnesota Office of the Revisor of Statutes. Minnesota Statutes 624.713 – Certain Persons Not to Possess Firearms