Q: Are firearm rights restored after completing sentence for fleeing police in Minnesota?
I was convicted in 2015 for DUI and fleeing a peace officer in a motor vehicle under Minn. Stat. § 609.487, subd. 3, with a sentence of "stay of imposition." I have fully completed my sentence. Are my firearm rights automatically restored under Minnesota law, and does such restoration affect the federal firearm prohibition under 18 U.S.C. § 922(g)(1), considering the civil rights restoration clause in 18 U.S.C. § 921(a)(20)?
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A:
In Minnesota, completing your sentence for a conviction like fleeing a peace officer does not automatically restore your firearm rights. Under Minnesota law, you would need to apply for a restoration of rights through the court after fulfilling all aspects of your sentence. Since your sentence involved a "stay of imposition," it means the conviction was not officially entered on your criminal record, but you may still be restricted from possessing firearms due to the nature of the offense.
On a federal level, under 18 U.S.C. § 922(g)(1), individuals convicted of a felony are prohibited from possessing firearms. The restoration of firearm rights in Minnesota would only affect this federal prohibition if the conviction was expunged or if you received a full pardon. The civil rights restoration clause in 18 U.S.C. § 921(a)(20) allows for some firearm rights to be restored if the conviction is overturned, expunged, or if a pardon is granted.
So, while Minnesota may offer a path to restoring your firearm rights through a legal process, it is important to consider that federal law still governs the possession of firearms. You may need to pursue a separate federal procedure or obtain a pardon to fully restore your rights under federal law.
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