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Subdivision 1.Restoration.
When a person has been deprived of civil rights by reason of conviction of a crime and is thereafter discharged, such discharge shall restore the person to all civil rights and to full citizenship, the same as if such conviction had not taken place, and the order of discharge shall so provide.
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Subd. 1a.Certain convicted felons ineligible to possess firearms or ammunition.
The order of discharge must provide that a person who has been convicted of a crime of violence, as defined in section 624.712, subdivision 5, is not entitled to ship, transport, possess, or receive a firearm or ammunition for the remainder of the person's lifetime. Any person who has received such a discharge and who thereafter has received a relief of disability under United States Code, title 18, section 925, or whose ability to possess firearms and ammunition has been restored under subdivision 1d, shall not be subject to the restrictions of this subdivision.
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Subd. 1b.Violation and penalty.
(a) Any person who has been convicted of a crime of violence, as defined in section 624.712, subdivision 5, and who ships, transports, possesses, or receives a firearm or ammunition, commits a felony and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both.
(b) A conviction and sentencing under this section shall be construed to bar a conviction and sentencing for a violation of section 624.713, subdivision 2.
(c) The criminal penalty in paragraph (a) does not apply to any person who has received a relief of disability under United States Code, title 18, section 925, or whose ability to possess firearms and ammunition has been restored under subdivision 1d.
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Subd. 1d.Judicial restoration of ability to possess firearms and ammunition by felon.
A person prohibited by state law from shipping, transporting, possessing, or receiving a firearm or ammunition because of a conviction or a delinquency adjudication for committing a crime of violence may petition a court to restore the person's ability to possess, receive, ship, or transport firearms and otherwise deal with firearms and ammunition.
The court may grant the relief sought if the person shows good cause to do so and the person has been released from physical confinement.
If a petition is denied, the person may not file another petition until three years have elapsed without the permission of the court.
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Subd. 2.Discharge.
The discharge may be:
(1) by order of the court following stay of sentence or stay of execution of sentence; or
(2) upon expiration of sentence.
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Subd. 3.Applicability.
This section does not apply to a forfeiture of and disqualification for public office as provided in section 609.42, subdivision 2.
Notes of Decisions
State of Minnesota v. David Lee Haywood, 886 N.W.2d 485 (Minn. 2016).
· cites it 41× “This case presents the question of whether an air-powered BB gun is a “firearm” under the felon-in-possession statute, Minn.Stat. § 609.165 (2014). The State charged appellant David Haywood with one count of Possession of a Firearm by an Ineligible Person under Minn.”
State v. Anderson, 733 N.W.2d 128 (Minn. 2007).
· cites it 13× “Shortly thereafter, the state charged Anderson with one count of being a felon in possession of a firearm in violation of Minn.Stat. §§ 609.165, subd. lb, 609.11 (2006).”
State v. Roy, 761 N.W.2d 883 (Minn. Ct. App. 2009).
· cites it 51× “Appellant, an enrolled member of an Indian tribe and a resident of a reservation, challenges his conviction of being a felon in possession of a firearm in violation of Minn.Stat. § 609.165. Because we conclude that Public Law 280 grants the state subject-matter jurisdiction to…”
State v. Moon, 463 N.W.2d 517 (Minn. 1990).
· cites it 30× “The district court imposed a firearms restriction pursuant to Minn.Stat. § 609.165, subd. la (1990), when it discharged Moon from probation and restored his civil rights.”
State of Minnesota v. David Lee Haywood, 869 N.W.2d 902 (Minn. Ct. App. 2015).
· cites it 47× “Based on that presumption, and on our interpretation of the term “firearm” in Fleming, we hold that a BB gun is a firearm within the meaning of prohibited possession of a firearm under Minn.Stat. § 609.165, subd. lb(a). In so holding, we reject Haywood’s arguments that the…”
United States v. Harlin Jerome Traxel, 914 F.2d 119 (8th Cir. 1990).
· cites it 10× “The district court rejected Traxel’s argument, finding that although Minn.Stat. § 609.165 subd. 1 restores a convicted felon’s basic civil rights upon his release from custody, 4 other Minnesota statutes impose substantial restrictions on those civil rights.”
State v. Moon, 455 N.W.2d 509 (Minn. Ct. App. 1990).
· cites it 50× “Further, he argues that Minn.Stat. § 609.165, subd. 1a (1988) is an ex post facto law as applied to him.”
State v. Knaeble, 652 N.W.2d 551 (Minn. Ct. App. 2002).
· cites it 24× “This appeal is from a conviction of felon in possession of a firearm, in violation of Minn.Stat. § 609.165, subd. lb(a) (2000), and terroristic threats, in violation of Minn.”
State of Minnesota v. Dominic Jason Allen Sam, 859 N.W.2d 825 (Minn. Ct. App. 2015).
· cites it 7× “” Minn. Stat. § 609.165 , subd. 1 (2014). In April 2007, appellant was convicted of escape from custody, a felony, in violation of Minn.”
United States v. Edell Jackson, 110 F.4th 1120 (8th Cir. 2024).
· cites it 2× “” See Minn. Stat. §§ 609.165 (1), 624.712(5). The court also instructed the jury as follows: For you to find that element number three is proved beyond a reasonable doubt, you must unanimously agree that the defendant knew he had been convicted of a crime punishable by…”
United States v. Edell Jackson, 69 F.4th 495 (8th Cir. 2023).
· cites it 2× “” See Minn. Stat. §§ 609.165 (1), 624.712(5). The court also instructed the jury as follows: For you to find that element number three is proved beyond a reasonable doubt, you must unanimously agree that the defendant knew he had been convicted of a crime punishable by…”
State of Minnesota v. Tommy Salyers, III, 858 N.W.2d 156 (Minn. 2015).
· cites it 4× “Appellant, Tommy Salyers, III, was convicted of being a felon in possession of a firearm, in violation of Minn.Stat. § 609.165, subd. lb(a) (2014); in possession of a firearm with no serial number, in violation of Minn.”
— Minn. Stat. § 609.165(la) — 1 case
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