What Are “Crimes of Violence” in Minnesota?
In Minnesota, persons convicted of a Felony “Crime of Violence” are subject to a lifetime firearms prohibition. In order for the prohibition to apply, the conviction must be for a felony, including a stay of imposition where the conviction is a felony conviction while on probation and then reduces to a misdemeanor conviction following successful completion of probation. See State v. Moon, 463 N.W.2d 517 (Minn. 1990). Prior to 2003, Minn. Stat. § 609.165 subjected a convicted person to a 10-year firearms restriction following the discharge or probation or parole. So for example, if someone was discharged from probation on May 7, 1997, they were prohibited from possessing firearms until May 7, 2007. In 2003, the Minnesota Legislature changed this to a lifetime prohibition and retroactively applied it to any person discharged from their probation or parole on or after August 1, 1993.
The list of offenses included as crimes of violence is in Minn. Stat. § 624.712, Subd. 5. They include: murder, manslaughter, assault, crimes for the benefit of a gang, terroristic threats, robbery, controlled substance crimes, kidnapping, promotion of prostitution, arson, and criminal sexual conduct, among others. Of note, in 2014 the Minnesota Legislature modified this list to exclude Felony Third Degree Burglary in violation of Minn. Stat. § 609.582, Subd. 3.; Felony Theft of a Motor Vehicle in violation of Minn. Stat. § 609.52; and Felony Theft involving the taking of property from a burning, abandoned or vacant building, or from an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle. The legislature also added Felony Domestic Assault in violation of Minn. Stat. § 609.2242, and Felony Domestic Assault by Strangulation in violation of Minn. Stat. § 609.2247. This 2014 amendment to the law states it only applies to persons who commit the offense on or after August 1, 2014.