Can a felon own a gun in Minnesota?

Minnesota automatically restores firearm rights upon completion of sentence for most felonies. However, persons convicted of a 'crime of violence' as defined by Minn. Stat. 624.712 do not have automatic restoration and must petition the court.

How can a felon restore gun rights in Minnesota?

Automatic for non-violent felonies. Court petition required for crimes of violence.

What is the waiting period for gun rights restoration in Minnesota?

Immediate upon completion of sentence for non-violent felonies. Crimes of violence require petition.

Are there exceptions to gun rights restoration in Minnesota?

Persons convicted of a 'crime of violence' (including murder, assault, robbery, kidnapping, and certain drug offenses) must petition the district court for restoration. Domestic violence misdemeanor convictions carry a 3-year prohibition.

Can a felon get gun rights back in Minnesota?

Yes, in most cases. If your felony was non-violent, your gun rights are automatically restored when you complete your sentence — no application or petition is needed. If your felony was a 'crime of violence,' you must petition the district court for restoration and show good cause. The court considers your rehabilitation, time elapsed, and public safety factors.

How do I know if my conviction is a 'crime of violence'?

Check Minn. Stat. 624.712, subd. 5, which lists all qualifying offenses. Major categories include murder, manslaughter, assault, robbery, kidnapping, criminal sexual conduct, arson, burglary, drive-by shooting, terroristic threats, and certain drug offenses. If you are unsure, consult an attorney or contact the Minnesota Judicial Branch for guidance.

How long does the court petition process take for crimes of violence?

There is no fixed timeline. You must file the petition, serve the county attorney, and wait for the court to schedule a hearing. The process typically takes several weeks to a few months depending on the court's calendar. There is no statutory waiting period beyond being released from physical confinement.

Do I need a lawyer to petition for gun rights restoration in Minnesota?

You are not legally required to have a lawyer, but it is strongly recommended — especially for crime of violence petitions. The court must find 'good cause' and that you are not dangerous to public safety. An attorney can help present evidence of rehabilitation and navigate the legal process. The petition form (FIR201) is available for self-represented litigants on mncourts.gov.

Does Minnesota's automatic restoration lift the federal firearms ban?

Generally yes. Minnesota's automatic restoration under Minn. Stat. 609.165 restores civil rights upon completion of sentence without expressly excluding firearms. Under 18 USC 921(a)(20), this type of state restoration is recognized as removing the federal firearms disability. However, the federal ATF may interpret this differently in some cases. Consult an attorney if you are concerned about federal compliance.

Can I carry a concealed firearm in Minnesota after restoration?

If your gun rights are restored (automatically for non-violent felonies, or by court order for crimes of violence), you may apply for a Minnesota Permit to Carry. However, the sheriff has discretion to deny permits based on criminal history, and a felony conviction — even with restored rights — may be considered. There is no automatic right to a carry permit.

What happens if my petition for restoration is denied?

If the district court denies your petition, you may appeal the decision. You may also refile the petition at a later date with additional evidence of rehabilitation. There is no statutory limit on how many times you can petition, but repeated denials without changed circumstances are unlikely to succeed. A gubernatorial pardon is an alternative path.

Are there any waiting periods for non-violent felons in Minnesota?

No. For non-violent felonies, gun rights are restored immediately upon completion of sentence. There is no additional waiting period, no application, and no fee. Once you are discharged from probation, supervised release, or incarceration — whichever is last — you may possess firearms under Minnesota state law.

Can I buy a gun at a store in Minnesota with a restored felony?

If your rights are restored (automatically for non-violent felonies or by court order for violent felonies), you should be able to pass the federal NICS background check. However, processing delays can occur. If you are denied, you can appeal through the FBI NICS Section or consult an attorney. For court-ordered restorations, bring a certified copy of the court order when purchasing.

Felon Gun Rights in Minnesota

Automatic restoration

It depends. If your felony conviction was for a non-violent offense, your gun rights are automatically restored when you complete your sentence (including probation and supervised release) — no petition or application is needed. If your conviction was for a 'crime of violence,' you face a lifetime ban and must petition the district court for restoration by showing good cause.

Last updated: 2026-03-21

Overview

Minnesota automatically restores firearm rights upon completion of sentence for persons convicted of non-violent felonies under Minn. Stat. 609.165. However, persons convicted of a 'crime of violence' as defined by Minn. Stat. 624.713 face a lifetime prohibition and must petition the district court for restoration. The court petition requires showing 'good cause' and that granting relief would not be contrary to the public interest. Minnesota's dual system means the path to restoration depends entirely on whether the underlying offense qualifies as a crime of violence.

Quick Answer

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), all persons convicted of a crime punishable by imprisonment for more than one year are prohibited from possessing firearms. Minnesota's automatic restoration of civil rights under Minn. Stat. 609.165 is generally recognized as lifting the federal firearms disability for non-violent felonies because the statute restores civil rights (voting, holding office, serving on juries) upon completion of sentence without expressly excluding firearms. For crimes of violence, a successful court petition under Minn. Stat. 624.713 should also lift the federal ban if the order restores the right to possess firearms. A gubernatorial pardon provides the most definitive relief from federal firearms disabilities. The revived 18 USC 925(c) federal petition process may also provide an additional pathway.

Can restore gun rights

✓Persons convicted of non-violent felonies — gun rights automatically restored upon completion of sentence (discharge from probation, supervised release, or incarceration)
✓Persons convicted of a 'crime of violence' who petition the district court and demonstrate good cause and that relief is not contrary to the public interest
✓Persons who receive a gubernatorial pardon from the Minnesota Governor
✓Persons whose felony conviction is expunged under Minnesota's expungement statute (Minn. Stat. 609A)
✓Persons whose conviction is overturned on appeal or post-conviction review
✓Persons eligible for the revived federal 18 USC 925(c) petition process

Cannot restore gun rights

✗Persons currently serving a sentence (including incarceration, probation, or supervised release) for any felony
✗Persons convicted of a crime of violence who have not successfully petitioned the court for restoration
✗Persons convicted of a crime of violence who are still physically confined — the court petition requires release from physical confinement
✗Persons subject to an active domestic violence order for protection (OFP) or harassment restraining order (HRO)
✗Persons convicted of a misdemeanor-level crime of domestic violence (prohibited for 3 years under state law; lifetime under federal law unless expunged or pardoned)
✗Persons who have been committed by a court as mentally ill, developmentally disabled, or chemically dependent (separate restoration process required)

Step-by-Step Process

Determine whether your conviction was a 'crime of violence'

Check Minn. Stat. 624.712, subd. 5 for the list of 'crimes of violence,' which includes murder, manslaughter, assault, robbery, kidnapping, arson, criminal sexual conduct, burglary, and certain drug offenses. If your conviction is NOT on this list, your gun rights are automatically restored upon completion of your sentence and no further action is needed.

Complete your sentence (non-violent felonies — automatic restoration)

If your conviction was for a non-violent felony, your firearm rights are automatically restored upon discharge from your sentence, including completion of probation, supervised release, or incarceration. No petition, application, or waiting period is required. You may purchase and possess firearms under Minnesota state law once your sentence is complete.

File a petition for restoration (crimes of violence only)

If your conviction was for a crime of violence, file a Petition for Restoration of Firearm and Ammunition Rights (Form FIR201) with the district court. You can file in the county where you live or where the conviction occurred. You must be released from physical confinement before filing. The petition is available on the Minnesota Judicial Branch website at mncourts.gov.

Serve notice on the county attorney

You must serve a copy of your petition on the county attorney for the county where you are filing. The county attorney has the right to appear and oppose your petition. Serve the petition at least 10 days before the hearing.

Attend the court hearing

The district court will schedule a hearing on your petition. You must demonstrate: (1) good cause for restoration, (2) that you are not likely to act in a manner dangerous to public safety, and (3) that granting relief would not be contrary to the public interest. Bring evidence of rehabilitation, employment, community ties, and time elapsed since the conviction.

Receive the court order

If the court grants your petition, you will receive a court order restoring your right to possess, receive, ship, or transport firearms and ammunition. Keep a certified copy of this order — you may need to present it when purchasing firearms or if questioned by law enforcement.

Waiting Period

For non-violent felonies, there is no waiting period — gun rights are automatically restored immediately upon completion of sentence. For crimes of violence, the person must be released from physical confinement before petitioning the court, but there is no additional statutory waiting period beyond that. The court considers the time elapsed since the conviction as one factor in its decision.

Key Laws

Law	Year	Description
Minn. Stat. 609.165 — Restoration of Civil Rights; Possession of Firearms	1963 (amended multiple times)	Provides that when a person has been deprived of civil rights by reason of conviction of a crime and is later discharged, civil rights are restored 'the same as if such conviction had not taken place.' This includes the right to possess firearms for non-violent felonies. The restoration occurs automatically upon completion of sentence.
Minn. Stat. 624.713 — Certain Persons Not to Possess Firearms	1975 (amended multiple times)	Prohibits possession of firearms by persons convicted of a 'crime of violence' as defined in Minn. Stat. 624.712, subd. 5. The prohibition is lifetime unless restored by court petition or pardon. Also prohibits possession by persons convicted of domestic violence misdemeanors (3-year prohibition), persons subject to OFPs, and persons committed as mentally ill or chemically dependent.
Minn. Stat. 624.713, subd. 4 — Court Petition for Restoration	1993 (effective for offenses discharged on or after August 1, 1993)	Allows a person prohibited from possessing firearms due to a crime of violence conviction to petition the district court for restoration. The court may grant relief if the person shows good cause, is not likely to act in a manner dangerous to public safety, and granting relief would not be contrary to the public interest. The person must be released from physical confinement.
Minn. Stat. 624.712, subd. 5 — Definition of 'Crime of Violence'	1975 (amended multiple times)	Defines 'crime of violence' to include felony-level convictions for murder, manslaughter, aiding suicide, assault (1st-4th degree), kidnapping, false imprisonment, criminal sexual conduct (1st-5th degree), robbery, arson, burglary, drive-by shooting, certain drug offenses, and terroristic threats, among others. This definition determines whether the automatic restoration under 609.165 applies or the lifetime ban under 624.713 applies.
Minn. Stat. 609A — Expungement of Criminal Records	2014 (expanded by the Second Chance Law)	Provides a statutory basis for expungement of criminal records, which can restore firearm rights if the conviction is expunged. Eligibility and waiting periods vary by offense severity. Expungement of a crime of violence conviction would remove the firearms disability.

Edge Cases

What counts as a 'crime of violence' in Minnesota for gun rights purposes?

The definition under Minn. Stat. 624.712, subd. 5 includes felony convictions for: murder, manslaughter, aiding suicide, assault (1st-4th degree), kidnapping, false imprisonment, criminal sexual conduct (1st-5th degree), robbery, arson, burglary, drive-by shooting, terroristic threats, harassment/stalking, certain drug offenses, and domestic assault by strangulation, among others. If your conviction is on this list, you have a lifetime ban that requires a court petition to lift.

I was convicted of a felony DWI in Minnesota — are my gun rights automatically restored?

Felony DWI is generally not classified as a 'crime of violence' under Minn. Stat. 624.712, subd. 5. Therefore, your gun rights should be automatically restored upon completion of your sentence under Minn. Stat. 609.165. However, verify your specific offense classification, as some DWI-related offenses involving injury or death could qualify as crimes of violence.

Does the lifetime ban apply to convictions before August 1, 1993?

The lifetime prohibition under Minn. Stat. 624.713 for crimes of violence applies only to offenders discharged from sentence or court supervision on or after August 1, 1993. If you were convicted of a crime of violence and discharged before that date, the general restoration under Minn. Stat. 609.165 may apply. Consult an attorney to determine your specific situation.

I was convicted of a gross misdemeanor domestic assault — does this affect my gun rights?

Yes. Minn. Stat. 624.713 prohibits firearm possession for 3 years after a conviction for a misdemeanor-level crime of domestic violence. Additionally, federal law under 18 USC 922(g)(9) (the Lautenberg Amendment) imposes a lifetime federal ban for misdemeanor domestic violence convictions. The federal ban is not affected by the 3-year state expiration. Only an expungement or pardon can lift the federal prohibition.

Can I possess a firearm if I have a felony conviction from another state and now live in Minnesota?

It depends on whether the other state has restored your rights. If the state of conviction has restored your civil rights (including firearm rights), Minnesota will generally recognize that restoration. If the other state has not restored your rights, you are prohibited under both federal law and potentially Minnesota law. Consult an attorney to evaluate your specific situation.

Does expungement restore gun rights for crimes of violence in Minnesota?

Yes. If your conviction for a crime of violence is expunged under Minn. Stat. 609A, the firearms disability is removed because the conviction is treated as if it did not occur. However, expungement of crime of violence convictions is difficult to obtain and has longer waiting periods (typically 5+ years). The court also considers public safety factors.

Frequently Asked Questions

Can a felon get gun rights back in Minnesota?: Yes, in most cases. If your felony was non-violent, your gun rights are automatically restored when you complete your sentence — no application or petition is needed. If your felony was a 'crime of violence,' you must petition the district court for restoration and show good cause. The court considers your rehabilitation, time elapsed, and public safety factors.
How do I know if my conviction is a 'crime of violence'?: Check Minn. Stat. 624.712, subd. 5, which lists all qualifying offenses. Major categories include murder, manslaughter, assault, robbery, kidnapping, criminal sexual conduct, arson, burglary, drive-by shooting, terroristic threats, and certain drug offenses. If you are unsure, consult an attorney or contact the Minnesota Judicial Branch for guidance.
How long does the court petition process take for crimes of violence?: There is no fixed timeline. You must file the petition, serve the county attorney, and wait for the court to schedule a hearing. The process typically takes several weeks to a few months depending on the court's calendar. There is no statutory waiting period beyond being released from physical confinement.
Do I need a lawyer to petition for gun rights restoration in Minnesota?: You are not legally required to have a lawyer, but it is strongly recommended — especially for crime of violence petitions. The court must find 'good cause' and that you are not dangerous to public safety. An attorney can help present evidence of rehabilitation and navigate the legal process. The petition form (FIR201) is available for self-represented litigants on mncourts.gov.
Does Minnesota's automatic restoration lift the federal firearms ban?: Generally yes. Minnesota's automatic restoration under Minn. Stat. 609.165 restores civil rights upon completion of sentence without expressly excluding firearms. Under 18 USC 921(a)(20), this type of state restoration is recognized as removing the federal firearms disability. However, the federal ATF may interpret this differently in some cases. Consult an attorney if you are concerned about federal compliance.
Can I carry a concealed firearm in Minnesota after restoration?: If your gun rights are restored (automatically for non-violent felonies, or by court order for crimes of violence), you may apply for a Minnesota Permit to Carry. However, the sheriff has discretion to deny permits based on criminal history, and a felony conviction — even with restored rights — may be considered. There is no automatic right to a carry permit.
What happens if my petition for restoration is denied?: If the district court denies your petition, you may appeal the decision. You may also refile the petition at a later date with additional evidence of rehabilitation. There is no statutory limit on how many times you can petition, but repeated denials without changed circumstances are unlikely to succeed. A gubernatorial pardon is an alternative path.
Are there any waiting periods for non-violent felons in Minnesota?: No. For non-violent felonies, gun rights are restored immediately upon completion of sentence. There is no additional waiting period, no application, and no fee. Once you are discharged from probation, supervised release, or incarceration — whichever is last — you may possess firearms under Minnesota state law.
Can I buy a gun at a store in Minnesota with a restored felony?: If your rights are restored (automatically for non-violent felonies or by court order for violent felonies), you should be able to pass the federal NICS background check. However, processing delays can occur. If you are denied, you can appeal through the FBI NICS Section or consult an attorney. For court-ordered restorations, bring a certified copy of the court order when purchasing.

Take Action — Direct Links

Minnesota Judicial Branch — Firearms Help Topics
Official Minnesota court information on firearm rights, prohibitions, and the petition process for restoration. Includes links to court forms and FAQs.
Minnesota Court Form FIR201 — Petition for Restoration of Firearm and Ammunition Rights
Official court form for petitioning the district court to restore firearm rights after a crime of violence conviction.
Minnesota Revisor of Statutes — Minn. Stat. 609.165
Full text of the statute governing automatic restoration of civil rights and firearm rights upon completion of sentence.
Minnesota Revisor of Statutes — Minn. Stat. 624.713
Full text of the statute listing persons prohibited from possessing firearms, including the crime of violence lifetime ban and the court petition process.
Collateral Consequences Resource Center — Minnesota Profile
Comprehensive guide to Minnesota restoration of rights, pardon, expungement, and sealing — including gun rights.
Minnesota Board of Pardons
Information about the Minnesota Board of Pardons, which can grant pardons that restore all civil rights including firearm rights.