Legal Question in Criminal Law in Minnesota

Getting Gun Rights Back

Ten years ago,I plead guilty to a domestic abuse.Then the government passed a law saying anybody convicted of this can't own a gun. How can I get my gun rights back.Isn't this double jeopardy.Please Help I really love hunting and I'am afraid to go.


Asked on 10/10/03, 10:19 pm

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: Getting Gun Rights Back

I believe the federal law that took away gun rights from people who have been convicted of domestic assault, including before the federal provision was passed, has already survived challenges to its retroactive effect.

Short of getting the federal Congress to repeal this law, the only way I have heard of that has worked in this area is to go back to the court of conviction and have your lawyer make a motion to withdraw the guilty plea and vacate the conviction, perhaps to be followed by a public record expungement proceeding. These may be a difficult legal undertakings, and the chances for success may depend a great deal upon the equities involved and the facts and circumstances -- then and now.

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Answered on 10/13/03, 2:45 pm


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