Restrictions on Firearm Possession After Order For Protection

Gun

Restrictions on firearm possession in cases of domestic assault. No person who has been convicted of domestic assault in Minnesota or elsewhere or of violating a domestic abuse OFP may possess a pistol unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other assault crime or OFP violation.

Additionally, if the sentencing court determined that the person used a firearm in any way during the commission of the domestic assault or OFP violation, the sentencing court may prohibit the person from possessing any type of firearm for at least three years and up to the remainder of the person’s life. It is a gross misdemeanor offense to violate these restrictions. Minn. Stat. §§ 518B.01, subd. 14; 609.2242, subd. 3; and 624.713.

Restrictions on firearm possession in cases of stalking or harassment. No person who has been convicted of a stalking or harassment crime may possess a pistol unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other stalking or harassment crime. Additionally, if the sentencing court determined that the person used a firearm in any way during the commission of the crime, the sentencing court may prohibit the person from possessing any type of firearm for at least three years and up to the remainder of the person’s life. It is a gross misdemeanor offense to violate these restrictions. Minn. Stat. § 609.749, subd. 8.


This and any related posts have been adopted from the Minnesota House of Representatives Research Department’s Information Brief, Domestic Abuse Laws in Minnesota – An Overview, written by legislative analyst Judith Zollar.

This post is also part of a series of posts on Domestic Abuse in Minnesota.