Gun Rights and Crimes of Violence

A felony conviction in Minnesota comes with some very serious consequences, both direct and collateral. One of those consequences is the loss of the individual’s right to possess firearms. This can be a huge loss, especially in a state like Minnesota, where hunting is extremely popular.

Generally speaking, when one is convicted of a felony, they lose their gun rights during the term of their probation. Upon discharge from probation, the individual’s civil rights are restored, and they are able to have guns again. However, under certain circumstances, the right to possess a firearm is never restored. This happens when someone is convicted of a felony “crime of violence.”

Crimes That Affect Gun Rights

There are quite a few crimes that Minnesota classifies as “crimes of violence.” These include the crimes that you would expect to see murder, assault, terroristic threats. However, there are certain types of felony level crimes that you would not expect to be considered a crime of violence. Specifically, any type of felony drug conviction in Minnesota is considered a crime of violence. So, if someone is pulled over for speeding, and they have 1 gram of cocaine in their possession that the police officer discovers, they would be considered to be convicted of a crime of violence if found guilty of possession of cocaine.

This seems crazy. There is nothing inherently violent about possessing 1 gram of cocaine. However, that is how Minnesota law stands today. So, in the scenario above, if that individual was convicted of felony possession of cocaine, they would be barred from owning a gun for the rest of their life. This can be a huge blow for someone that is big into hunting. Not only would they lose the ability to go on yearly family hunting trips, but if they had children, they would not have the ability to teach their children how to hunt and have those experiences with them.

Consult With An Attorney

If you are charged with a felony in Minnesota, the consequences can be devastating. Having the assistance of an experienced criminal defense attorney can make all the difference in the world for your case. Before agreeing to any type of plea deal, make sure to consult with an attorney so you don’t unknowingly give up your rights for the rest of your life.

If you have already been convicted of a felony crime of violence, you can petition the court to get your gun rights back. To prevail on this petition, the court would need to find “good cause” to give your gun rights back. That is a very broad term, but hunting has been found to be a good cause under the right circumstances.

If you find yourself in a position where you have lost your gun rights, or you might lose them due to a charge you are facing, contact Cody Wright for a free consultation to determine what the best course of action is for your situation.