What is a “Crime of Violence” in Minnesota?
“Crimes of violence” are defined by Minnesota statute 624.712 and are of particular importance because they impact a person’s ability to lawfully possess a firearm. In addition to a firearm ban, a crime of violence conviction can create issues with housing, employment, and other collateral consequences. Thankfully, those convicted of a crime of violence in Minnesota have avenues to restore their rights and avoid these consequences including petitioning the court or expungeing their criminal records.
According to Minnesota statute 624.713 persons who have been convicted of a crime of violence, either in Minnesota or elsewhere, are prohibited from owning or possessing firearms for life. This was not always the case as it used to be a ten (10) year ban from release of confinement, however, the Minnesota legislature changed this in 2003. The lifetime ban was applied retroactively meaning it also applies to those released from custody prior to 2003. It should also be noted that this ban applies equally to both adults and juveniles.
A complete list of “crimes of violence” can be found in Minnesota Statute 624.712 and are listed below. It is important to note that a crime, committed in another state or jurisdiction, which fits the definition of one of the listed crimes, would still count as a crime of violence. Crimes of violence include felony convictions of the following:
murder in the first degree
murder in the second degree
murder in the third degree
manslaughter in the first degree
manslaughter in the second degree
aiding suicide and aiding attempted suicide
assault in the first degree
assault in the second degree
assault in the third degree
assault in the fourth degree
assault in the fifth degree
domestic assault
domestic assault by strangulation
crimes committed for the benefit of a gang
use of drugs to injure or facilitate crime
simple robbery
aggravated robbery
kidnapping
false imprisonment
solicitation, inducement, and promotion of prostitution; sex trafficking
criminal sexual conduct in the first degree
criminal sexual conduct in the second degree
criminal sexual conduct in the third degree
criminal sexual conduct in the fourth degree
malicious punishment of a child
neglect or endangerment of a child
commission of crime while wearing or possessing a bullet-resistant vest
involving theft of a firearm and theft involving the theft of a controlled substance, an explosive, or an incendiary device
arson in the first degree
arson in the second degree
burglary in the first and second degrees
drive-by shooting
unlawfully owning, possessing, operating a machine gun or short-barreled shotgun
terroristic threats
stalking
shooting at a public transit vehicle or facility
drugs, controlled substances
and an attempt to commit any of these offenses.
As you can see this is an extensive list of crimes but there are ways to “remove” a conviction from your record or restore the right to possess a firearm. An expungement, if granted, allows a person to seal or remove a criminal conviction in the eyes of the law. It is an often times complicated process and may require the help of an experienced attorney. Alternatively, a person can petition the court to restore the right to possess a firearm directly without attempting the expungement process. Both of these are discussed at length in other articles on this blog. In conclusion, crimes of violence are defined by Minnesota statute and often times affect a person’s ability to possess a firearm, advance their career, or even live where they want to. Thankfully, through an expungement or a direct petition to the court these consequences can often times be avoided.