Most people know a felony can cost you your gun rights. Fewer know that Minnesota gun bans come in many forms. Some last three years. Some last as long as a court order. Some last for life.
If you’re not sure where you stand, here’s how the main groups work under section 624.713 of Minnesota law.
Bans that last for life
A conviction for a “crime of violence” brings the longest ban. Minnesota’s definition covers many felonies, including serious assaults, robbery, and some burglaries.
A person convicted of a crime of violence can’t have any type of firearm or ammunition. At conviction, the court must tell the person that the ban on pistols, semiautomatic military-style assault weapons, and ammunition lasts for life. Even if the judge forgets to say it, the ban still applies.
Breaking this ban is a felony. The penalty can reach 15 years in prison and a $30,000 fine. The ban only lifts if a court restores the right through a separate legal process.
Bans that last three years
Several lower-level convictions bring a shorter ban. The clock runs three years from the date of conviction. It only works if you don’t pick up another listed conviction during that time. Examples include:
- A misdemeanor or gross misdemeanor drug conviction.
- Certain gross misdemeanors, such as harassment or stalking, false imprisonment, fourth-degree burglary, and child neglect or endangerment.
Bans tied to a court order or a case
Some bans last only as long as something else does.
- Orders for protection. A person subject to certain orders for protection can’t have firearms.
- Extreme risk protection orders. The same goes for a person subject to one of these orders.
- Pretrial diversion. If you’re charged with a crime of violence and placed in diversion, the ban lasts until you finish the program and the charge is dismissed.
- Domestic assault with a gun. If the court found you used a firearm during a domestic assault, the ban lasts as long as the judge sets at sentencing.
These are just some of the groups. Minnesota’s list has 14 in all. For a closer look at who counts as an ineligible person in Minnesota and the penalties for each group, that breakdown covers the full list.
There’s also a rule for people who are only charged. Say you’re charged with a crime that can bring more than one year in prison. While that charge is pending, you can’t receive, ship, or transport a pistol or a semiautomatic military-style assault weapon. The same goes for ammunition for those guns. Breaking that rule is a gross misdemeanor.
What the penalties look like
For a person banned because of a crime of violence, having a gun is a felony. For most of the other groups, having a gun is a gross misdemeanor.
A special warning for domestic assault
State law also lists a three-year ban for a fifth-degree or domestic assault conviction against a family or household member. But don’t count on that clock. Minnesota’s list also bars anyone who is banned under certain federal laws.
Federal law bans people convicted of a “misdemeanor crime of domestic violence.” Whether a conviction counts depends on the crime and on your relationship to the other person. A spouse, a co-parent, or someone you live with as a spouse can qualify. For most of these convictions, the federal ban has no end date. Cases involving a dating partner follow different rules.
The Minnesota House Research Department has said Minnesota adopted this federal standard in 2014. In a domestic case, assume the ban may be permanent until a lawyer tells you otherwise.
Questions to ask yourself first
- Was my conviction a felony, a gross misdemeanor, or a misdemeanor?
- What exact statute is listed on my judgment?
- When was I convicted, and have I had any other convictions since then?
- Am I under any court order right now?
- Do I have a charge pending anywhere?
If you can’t answer these with confidence, find your court papers before you do anything else.
Check the source
Every group is spelled out in section 624.713 of Minnesota Statutes. If you’re unsure which part applies to you, the exact wording matters.
The bottom line
Before you buy, borrow, or hold a gun, find out which ban applies to you, if any, and when it ends. When in doubt, get advice first. A mistake here can turn into a new felony.