Citation(s) from the GunPolicy.org literature library

Giffords Law Center to Prevent Gun Violence. 2021 ‘Domestic Violence & Firearms in Minnesota.’ Who Can Have a Gun. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 19 June

Relevant contents

Domestic Violence and Firearms in Minnesota

Minnesota law does not:

- Prohibit subjects of domestic violence protective orders from possessing firearms (unlike federal law);
- Require subjects of domestic violence protective orders to surrender their firearms for the duration of the order; or
- Explicitly authorize or require the removal of firearms or ammunition at the scene of a domestic violence incident.

Firearm Prohibitions for Domestic Violence Misdemeanants

Minnesota prohibits the possession of a firearm by a person who:

- Has been convicted of a stalking crime and used a firearm in the commission of that crime (prohibiting the person from possessing a firearm from three years to the remainder of the person's life, if so ordered by the convicting court);

- Has been convicted in another state of committing an assault against a family or household member using a firearm within the past three years;

- Has been convicted of assaulting a family or household member only if a court finds that the person used a firearm in any way during the assault (the court determines the prohibitive period for this violation); or

- Has been convicted of violating an order of protection and used a firearm during that violation (prohibiting the person from possessing a firearm from three years to the remainder of the person's life, if so ordered by the convicting court).

Minnesota prohibits possession of a handgun by a person who:

- Has been convicted of a stalking crime (this prohibition lasts three years);

- Has been convicted of violating an order for protection within the previous three years;

- Has been convicted of assault in the fifth degree within three years of a previous assault conviction; or

- Has been convicted of assault against a family or household member within the previous three years (whether or not a firearm was used).

The courts are required to notify some, but not all, of these abusers about the firearm prohibitions under Minnesota law.

Federal law prohibits an overlapping set of domestic violence misdemeanants from possessing firearms.

Removal or Surrender of Firearms from Domestic Abusers

If a court determines that a person convicted of a stalking crime owns or possesses a firearm and used it in any way during the commission of the crime, the court must order that the firearm be summarily forfeited.

A person violating an order of protection against him or her who owns or possesses a firearm and uses it during the commission of the violation must forfeit the firearm. Moreover, a person convicted of a domestic assault upon a family or household member where the person owns or possesses the firearm and used it during the commission of the assault must forfeit the firearm. Minnesota does not otherwise require the surrender of firearms or ammunition by domestic abusers who have become prohibited from possessing firearms or ammunition under federal law…

[Editor's note: The Giffords Law Center to Prevent Gun Violence regularly updates its webpages with new data as US gun regulation evolves state by state. For the most up-to-date information on US gun laws, please refer to the Giffords URL below]

ID: Q7029

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