The recent spring 2017 pardon board hearing on June 14, 2017, revealed the Minnesota Pardon Board, made up of Minnesota Governor Mark Dayton, Minnesota Supreme Court Chief Justice Lorie Gildea, and Minnesota Attorney General Lori Swanson, is reluctant to pardon domestic assault offenses. Many Minnesotans convicted of a domestic assault offense are prohibited from possessing firearms under 18 U.S.C. 922(g)(9), otherwise known as the federal Lautenberg Amendment. The federal government (ATF and FBI) have taken the position that one must have their prohibiting conviction vacated or reversed in order to have their federal firearms rights reinstated. The federal process for petitioning federal district court for restoration of rights is currently not available due to congressional budget cuts. For Minnesotans, the only process available to vacate a conviction following final resolution of a case is a pardon. At the recent Minnesota Pardon Board hearing, it was made clear by the pardon board members that pardoning of domestic assault offenses is not desirable. There are a couple of other options to deal with a domestic assault conviction and the restoration of rights, but this means pardons are likely out of reach.
Blog Categories
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