2025 Session Last amended: 2005 session

§ 242.31 — Restoration of Civil Rights; Possession of Firearms

Plain-Language Summary

This section provides for the restoration of civil rights when a juvenile certified and tried as an adult is finally discharged from corrections supervision. Discharge restores all civil rights, but persons convicted of crimes of violence are permanently prohibited from possessing firearms unless that disability is specifically removed. The commissioner must file a copy of the discharge order with the district court.

242.31 RESTORATION OF CIVIL RIGHTS; POSSESSION OF FIREARMS.

Subdivision 1.Restoration.

Whenever a person who has been committed to the custody of the commissioner of corrections upon conviction of a crime following certification under the provisions of section 260B.125 is finally discharged by order of the commissioner, that discharge shall restore the person to all civil rights. The commissioner shall file a copy of the order with the district court of the county in which the conviction occurred. §

Subd. 2.Order of discharge.

Whenever a person described in subdivision 1 has been placed on probation by the court pursuant to section 609.135 and, after satisfactory fulfillment of it, is discharged from probation, the court shall issue an order of discharge pursuant to subdivision 2a and section 609.165.

This order restores the defendant to civil rights. §

Subd. 2a.Crimes of violence; ineligibility to possess firearms.

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 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 has been restored under section 609.165, subdivision 1d, shall not be subject to the restrictions of this subdivision. §

Subd. 3.

[Repealed, 1996 c 408 art 9 s 10]

History:

1947 c 595 s 1; 1961 c 59 s 1; 1965 c 52 s 1; 1973 c 654 s 15; 1975 c 271 s 6; 1977 c 392 s 5; 1983 c 264 s 3,4; 1986 c 444; 1992 c 569 s 14; 1994 c 576 s 3; 1995 c 226 art 3 s 14; 1996 c 408 art 9 s 3,4; 1999 c 139 art 4 s 2; 2003 c 28 art 3 s 1; 2005 c 83 s 1

History: History: 1947 c 595 s 1; 1961 c 59 s 1; 1965 c 52 s 1; 1973 c 654 s 15; 1975 c 271 s 6; 1977 c 392 s 5; 1983 c 264 s 3,4; 1986 c 444; 1992 c 569 s 14; 1994 c 576 s 3; 1995 c 226 art 3 s 14; 1996 c 408 art 9 s 3,4; 1999 c 139 art 4 s 2; 2003 c 28 art 3 s 1; 2005 c 83 s 1

Practical Notes

Juveniles certified and tried as adults who complete their corrections sentence should receive a discharge order restoring their civil rights, including the right to vote and hold public office. However, the firearms prohibition for crimes of violence is permanent unless removed through a federal relief-of-disability process or a Minnesota court order. Anyone seeking firearm rights restoration after a crime-of-violence conviction should consult an attorney.

Source: Minnesota Office of the Revisor of Statutes