The right to bear arms and protect yourself is a fundamental American right. However, once a court convicts you of a felony crime of violence, you can lose the right to have a gun. But how does this apply to former felons?
You might be asking yourself “if my record is expunged can i own a gun?” This matter is complex and depends on a variety of factors. The first step should always be to talk with a Minneapolis criminal defense attorney.
But it’s useful to know the basics yourself. So let’s explain how the process of losing your gun rights and regaining them occurs. And let’s try and clarify the answer to “can I purchase a firearm after expungement?” The current answer is temporary.
If A Felony Is Expunged Can I Buy A Gun?
Does expungement restore gun rights? If it an expungement of a misdemeanor, then federal law says if you obtain an expungement, the federal prohibition is supposed to be removed. However, the FBI has taken an absurd, unreasonable interpretation of the law, and currently, is claiming that Minnesota expungements are not good enough. So, this issue still needs to be litigated in federal court. So, in Minnesota, an expungement seals the records, but to restore your gun rights, currently, you will need to also litigated in federal court.
Sure, it’s an important step in getting your rights back. It means you’re moving in the right direction. Hopefully, one day soon, the federal courts will resolve this issue and declare that Minnesota expungements are sufficient.
If you were wondering “can I get a concealed weapons permit with an expunged record” or “can I own a gun after felony expungement” then the answer is more complex.
That being said, there are ways that your gun rights can be restored after being convicted of a felony.
How Do I Get My Gun Rights Back After A Felony?
In Minnesota, the rule of thumb is that you get your gun rights back automatically once your (regular) felony sentence expires. This is also called being off paper.
This means that you no longer have probation or have been discharged from jail. So to recap, if you have been convicted of a felony, simply expunging the record will not help you with regards to gun rights, if the conviction is for a felony crime of violence. If not, then your gun rights are restored automatically when you are discharged from probation.
You must be discharged from your sentence as a minimum. Furthermore, understand that depending on the type of felony you’ve been convicted of, there may be a lifetime ban on your gun rights.
Situations Where Gun Rights Are Not Restored
If your felony conviction was deemed a crime of violence, then your loss of gun rights are permanent in Minnesota. The only way around this is if you petition the court for restoration.
Additionally, it is possible to be pardoned. This is why it’s important to consult a gun rights restoration lawyer in Minneapolis.
Additional Factors To Consider
Some other factors may limit your gun rights, such as:
- Conviction of a misdemeanor drug possession or gross misdemeanor or sale crime.
- Conviction of a gross misdemeanor like harassment.
- Conviction of domestic assault.
Good Cause & Gun Rights
If a convicted felon shows good cause, they may have their rights reinstated. In other words, if they show good behavior and good intention in the eyes of the court, it is possible to have gun rights given back.
Expunged Felony Gun Purchase – Get More Info
The best way to get a precise answer about your situation is to contact an attorney, such as Second Amendment Attorney Lynne Torgerson, perhaps the best gun rights lawyer in the State of Minnesota. Ms. Torgerson can guide you through the legalities of your situation. Gun laws are very difficult to understand and apply, but Ms. Torgerson can help you with that. Additionally, if it’s possible to restore gun rights, they can help you achieve that in the shortest time possible.