Gun Rights After an Arrest, Charge or Conviction: Can You Still Possess or Purchase Firearms?

One of the questions that comes up frequently after an arrest is whether a person can still possess, control or purchase firearms. Whether you retain these rights depends on your specific charge and the specifics of your conviction.

There are certain crimes that will disqualify you from owning a firearm. Any felony conviction will result in the prohibition to possess a firearm. Additionally, any offense designated as a “crime of violence” can result in a firearm ban. “Crimes of violence” include: murder; first- through fourth-degree assault, first- through fourth-degree criminal sexual conduct; robbery; and kidnapping. It is also worth noting that a conviction for a felony drug offense will also result in a firearm ban. Even if you receive a stay of imposition on a felony charge, you will still be prohibited from owning a firearm. Keep in mind this is not a complete list of offenses and it is best to speak with an attorney to see if your offense is one that will result in a prohibition to possess a firearm.

There are also certain other circumstances that may disqualify a person from owning a firearm. One of these is mental illness. If you are unable to stand trial due to mental illness, or are committed for mental illness, you will not be able to possess a firearm. Those under eighteen years of age are also are prohibited from owning a firearm.

In Minnesota, a conviction for even a misdemeanor crime can carry a firearm ban for up to three years under state law. This is most often seen with convictions for domestic assault-related offenses. However, federal law is even stricter in this regard and can impose a lifetime ban. The Lautenberg Amendment governs this issue and largely affects crimes involving domestic assault.

In pertinent part, the Lautenberg Amendment requires a lifetime ban for anyone convicted of a misdemeanor crime of domestic violence. Even if the crime is not charged as “domestic violence” or “domestic assault,” you may still receive a lifetime ban from owning a firearm if the crime involved: elements of force; the attempted use of force; or threat of the use of a deadly weapon against a person in close relation to you. (Those in close relation include a parent, spouse, child, or one who cohabitated or is cohabitating with you.) The Lautenberg Amendment effectively expands crimes of domestic violence to include certain crimes that were not necessarily charged as a domestic assault. Crimes included under this qualification are certain disorderly conduct charges, interference with a 911 call, violation of an order for protection, and some assault charges. It is best to speak with an attorney regarding your right to possess a firearm if you have been charged with this type of crime.

Whether you are able to restore your right to own a firearm depends on what crime you committed and whether the firearm is banned under state vs. federal law. If you are eligible to petition for reinstatement, you must petition the correct government entity and will likely have to show good cause for reinstatement. Again, this is a topic that you should discuss with an attorney to ensure that you follow the correct steps.

I understand that this is an important issue for many people and will try to help you retain the ability to own a firearm if possible. I am happy to discuss any of these issues with you, including representation on any of the criminal charges listed above. Please contact me today to discuss your case and any questions you may have.