Legal Question in Criminal Law in Minnesota

Can I legally own a firearm in Minnesota a rifle or handgun if convicted of 5th degree domestic assault and pass background check?

Asked on 2/04/13, 11:26 am

1 Answer from Attorneys

Coley Grostyan Law Office of Coley J. Grostyan, PLLC

Minnesota law prohibits possession of firearms for three years following the date of a conviction for 5th Degree domestic assault. The court can impose a longer ban on the possession of firearms under certain circumstances.

Additionally, even if you are legal to possess a firearm under state law, federal law imposes a lifetime ban on the possession of firearms for those who have been convicted of a misdemeanor crime of domestic violence. Whether your conviction fits the definition of a crime of violence under federal law depends on the specific circumstances and the nature of the victim. However, most state domestic assault convictions trigger the federal prohibition of firearm possession.

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Answered on 2/04/13, 12:03 pm

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