I just discovered that I cannot own a firearm under Minnesota law because, I was convicted of a 2nd degree controlled substance under a stay of Imposition. Even though the felony was converted to a Misdemeanor involved no victims, or weapons, and occurred over eleven years ago, I am not legally able to possess a firearm in Minnesota.
I have no urge to run out and purchase a pistol, I just want to deer , pheasant, and duck hunt as I have been since around ten years old. What can I do, and what is the likelyhood of having my rights restored ?
DUI / DWI Attorney
You must petition the court in order to have your gun rights restored (under Minn. Stat. 609.165, subd. 1(d)). This is a somewhat complicated process involving filing a civil case with the district court, formally requesting (petitioning) that the court restore your gun rights.
The main factor the court looks at is whether you are a danger to public safety and if restoring your gun rights poses any threat (to public safety). The court also weighs your interests in having your gun rights restored against the danger to public safety.
Considering this is a non-violent felony involving no guns/weapons, you would probably be a good candidate for gun rights restoration, but I couldn't give you any type of informed opinion without looking more thoroughly at your case and surrounding circumstances.
I also provide information about restoration of gun rights in Minnesota on my website (link listed below).
LEGAL DISCLAIMER: This post is provided for informational purposes only; does not constitute legal advice; and does not create an attorney-client relationship.
Criminal Defense Attorney
Once successfully discharged from probation, you can petition the court for restoration of your civil rights to firearms, pursuant to Minnesota Statutes 609.165, subd. 1d. upon a showing of good cause. See links below for more.