If my firearm rights were restored in another state, can I possess a firearm in Minnesota?
Each state has its own law on firearms. Minnesota has its laws and other states have their laws. When people are crossing the border of states it can get complicated because the laws of the different states interact. One such situation is if you receive a conviction in another state that causes you to lose your firearm rights. If your rights to possess a firearm were restored in that state, can you move to Minnesota and continue to possess a firearm? This blog post will look at this question through the lens of a Minnesota Court of Appeal opinion.
Minnesota takes a separate look at criminal convictions from other states
In State v. Weeks, the defendant was convicted of attempted robbery in South Dakota. His firearm rights were taken from him. But after serving three years in prison, his firearm rights were restored to him in South Dakota. He later moved to Minnesota. He was charged with and convicted of illegally possessing a firearm. In Minnesota, convictions for felony “Crimes of violence” as defined in Minnesota statute 624.712 result in lifetime ban of firearms. The defendant argued that his conduct wasn’t illegal because his rights were restored in South Dakota. But the Court of Appeal agreed with the prosecutor that his South Dakota conviction was a crime of violence within Minnesota’s definition, and the only way to restore his firearm rights in Minnesota was to file a petition under Minnesota statute 609.165. The defendant had never filed a petition. So, the Court of Appeal upheld the illegal gun possession conviction.
Conclusion
If you have been convicted of an offense in another state that may impact your gun rights in Minnesota, you want to contact a skilled criminal defense attorney who is knowledgeable about gun rights issues in Minnesota. If your rights have not been restored in Minnesota, you will want to talk to an attorney about filing a petition to restore your firearm rights. Contact Subzero Criminal Defense for a free consultation. 651-248-5142