Bill Text: MN SF1389 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Defense of Dwelling and Person Act of 2011; firearms regulation provisions modifications
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2011-05-11 - Author added DeKruif [SF1389 Detail]
Download: Minnesota-2011-SF1389-Introduced.html
1.2relating to firearms; directing the commissioner of human services to report
1.3mental health commitment information to the National Instant Criminal
1.4Background Check System for the purpose of facilitating firearms background
1.5checks; creating a reporting requirement; extending time period for renewal
1.6of permit to purchase a pistol from a federally licensed dealer; providing for
1.7an annual background check; requiring courts to report certain data to the
1.8National Instant Criminal Background Check System for the purpose of firearms
1.9background checks; clarifying and delimiting the authority of public officials
1.10to disarm individuals at any time; clarifying law on use of force in defense of
1.11home and person; codifying and extending Minnesota's self-defense and defense
1.12of home laws; eliminating the common law duty to retreat in cases of self
1.13defense outside the home; expanding the boundaries of dwelling for purposes of
1.14self-defense; creating a presumption in the case of a person entering a dwelling
1.15or occupied vehicle by stealth or force; extending the rights available to a person
1.16in that person's dwelling to a person defending against entry of that person's
1.17occupied vehicle; providing for the recognition by Minnesota of other states'
1.18permits to carry a pistol within and under the laws of Minnesota;amending
1.19Minnesota Statutes 2010, sections 245.041; 609.065; 624.713, by adding a
1.20subdivision; 624.7131, subdivisions 2, 6, 8; 624.714, subdivision 16; proposing
1.21coding for new law in Minnesota Statutes, chapter 624.
1.22BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.25 Section 1. Minnesota Statutes 2010, section 245.041, is amended to read:
1.26245.041 PROVISION OF FIREARMS BACKGROUND CHECK
1.27INFORMATION.
1.28Notwithstanding section253B.23, subdivision 9 , the commissioner of human
1.29services shall provide commitment information tolocal law enforcement agencies on an
1.30individual request basis by means of electronic data transfer from the Department of
2.1Human Services through the Minnesota Crime Information System and the National
2.2Instant Criminal Background Check System for thesole purpose of facilitating a firearms
2.3background check under section624.7131 ,
624.7132 , or
624.714 . The information to be
2.4provided is limited to whether the person has been committed under chapter 253B and, if
2.5so, the type of commitment. No later than August 1, 2011, the commissioner must make
2.6available in electronic data format the commitment information required by this section
2.7for commitments occurring since August 1, 1994.
2.8EFFECTIVE DATE.This section is effective the day following final enactment.
2.9 Sec. 2. Minnesota Statutes 2010, section 624.713, is amended by adding a subdivision
2.10to read:
2.11 Subd. 5. Provision of firearms background check information. (a) When a
2.12court places a person, including a person under the jurisdiction of the juvenile court, who
2.13is charged with committing a crime of violence, into a pretrial diversion program before
2.14disposition, the court must ensure that information regarding the person's placement in
2.15that program and the ordered expiration date of that placement is transmitted as soon as
2.16practicable to the National Instant Criminal Background Check System. When a person
2.17successfully completes or discontinues the program, the court must also report that fact as
2.18soon as practicable to the National Instant Criminal Background Check System.
2.19(b) The court must report the conviction and duration of the firearms disqualification
2.20imposed as soon as practicable to the National Instant Criminal Background Check
2.21System when a person is convicted of a gross misdemeanor that disqualifies the person
2.22from possessing firearms under the following sections:
2.23(1) 518B.01, subdivision 14;
2.24(2) 609.224, subdivision 3;
2.25(3) 609.2242, subdivision 3;
2.26(4) 609.749, subdivision 8;
2.27(5) 624.713, subdivision 1, clause (11); or
2.28(6) 629.715, subdivision 2.
2.29EFFECTIVE DATE.This section is effective August 1, 2011.
2.30 Sec. 3. Minnesota Statutes 2010, section 624.7131, subdivision 2, is amended to read:
2.31 Subd. 2. Investigation. The chief of police or sheriff shall check criminal histories,
2.32records and warrant information relating to the applicant through the Minnesota Crime
2.33Information System, the national criminal record repository, and the National Instant
3.1Criminal Background Check System. The chief of police or sheriff shall also make a
3.2reasonable effort to check other available state and local record-keeping systems. The
3.3chief of police or sheriff shall obtain commitment information from the commissioner of
3.4human services as provided in section245.041 . The chief of police or sheriff must conduct
3.5a background check by means of electronic data transfer on a permit holder through the
3.6Minnesota Crime Information System and the National Instant Criminal Background
3.7Check System at least yearly to ensure continuing eligibility.
3.8EFFECTIVE DATE.This section is effective August 1, 2011, for all valid
3.9transferee permits issued by the chief of police or sheriff on or after August 1, 2010.
3.10 Sec. 4. Minnesota Statutes 2010, section 624.7131, subdivision 6, is amended to read:
3.11 Subd. 6. Permits valid statewide for five years. Transferee permits issued pursuant
3.12to this section are valid statewide and shall expire afterone year five years. A transferee
3.13permit may be renewed in the same manner and subject to the same provisions by which
3.14the original permit was obtained, except that all renewed permits must comply with the
3.15standards adopted by the commissioner under section624.7151 . Permits issued pursuant
3.16to this section are not transferable. A person who transfers a permit in violation of this
3.17subdivision is guilty of a misdemeanor.
3.18EFFECTIVE DATE.This section is effective August 1, 2011, for transferee
3.19permits issued under section 624.7131 or 624.7132, on or after August 1, 2010.
3.20 Sec. 5. Minnesota Statutes 2010, section 624.7131, subdivision 8, is amended to read:
3.21 Subd. 8.Hearing upon denial Petition for relief. Any person aggrieved by a
3.22violation of this section or by denial of a transferee permit mayappeal the denial petition
3.23for relief to the district court having jurisdiction over the county or municipality in which
3.24thedenial act occurred. The court shall grant an appeal if the applicant is not a person
3.25prohibited from possessing a pistol or semiautomatic military-style assault weapon by
3.26section 624.713. If the court grants relief under this subdivision, the court must award the
3.27petitioner reasonable costs and expenses including attorney fees.
3.28EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
3.29appeals brought on or after that date.
3.30 Sec. 6. REPORTING REQUIREMENT.
3.31By February 1, 2012, and each year thereafter on that date, the commissioner of
3.32human services must report to the chairs and ranking minority members of the committees
4.1of the senate and house of representatives having jurisdiction over criminal justice funding
4.2and policy, on the commissioner's progress in meeting the requirement in section 1.
4.3EFFECTIVE DATE.This section is effective the day following final enactment.
4.6 Section 1. [624.7192] AUTHORITY TO SEIZE AND CONFISCATE FIREARMS.
4.7(a) A peace officer who is acting in the lawful discharge of the officer's official
4.8duties may disarm a lawfully detained individual only temporarily and only if the officer
4.9reasonably believes it is immediately necessary for the protection of the officer or another
4.10individual. Before releasing the individual, the peace officer must return to the individual
4.11any seized firearms and ammunition, and components thereof, any firearms accessories
4.12and ammunition reloading equipment and supplies, and any other personal weapons
4.13taken from the individual, unless the officer takes the individual into physical custody for
4.14engaging in criminal activity, or seizes the items as evidence pursuant to an investigation
4.15for the commission of a crime.
4.16(b) Notwithstanding any other law to the contrary, no governmental unit, government
4.17official, government employee, peace officer, or other person or body acting under
4.18governmental authority or color of law may undertake any of the following actions with
4.19regard to any firearms and ammunition, and components thereof; any firearms accessories
4.20and ammunition reloading equipment and supplies; and any other personal weapons:
4.21(1) prohibit, regulate, or curtail the otherwise lawful possession, carrying,
4.22transportation, transfer, defensive use, or other lawful use of any of these items;
4.23(2) seize, commandeer, or confiscate any of these items in any manner, except as
4.24expressly authorized in paragraph (a);
4.25(3) suspend or revoke a valid permit issued pursuant to section 624.7131 or 624.714,
4.26except as expressly authorized in those sections; or
4.27(4) close or limit the operating hours of businesses that lawfully sell or service
4.28any of these items.
4.29(c) No provision of law relating to a public disorder or disaster emergency
4.30proclamation by the governor or any other governmental or quasi-governmental official,
4.31including but not limited to emergency management powers pursuant to chapters 9
4.32and 12, shall be construed as authorizing the governor or any other governmental or
4.33quasi-governmental official of this state or any of its political subdivisions acting at
5.1the direction of the governor or another official to act in violation of this paragraph
5.2or paragraphs (a) and (b).
5.3(d)(1) An individual aggrieved by a violation of this section may seek relief in an
5.4action at law or in equity or in any other proper proceeding for damages, injunctive relief,
5.5or other appropriate redress against a person who commits or causes the commission of
5.6this violation. Venue shall be in the district court having jurisdiction over the county in
5.7which the aggrieved individual resides or in which the violation occurred.
5.8(2) In addition to any other remedy available at law or in equity, an individual
5.9aggrieved by the seizure or confiscation of an item listed in paragraph (b) in violation of
5.10this section may make application for the immediate return of the items in the office of the
5.11clerk of court for the county in which the items were seized and, except as provided in
5.12paragraph (a), the court shall order the immediate return of the items by the seizing or
5.13confiscating governmental office and that office's employed officials.
5.14(3) In an action or proceeding to enforce this section, the court shall award the
5.15prevailing plaintiff reasonable court costs and expenses, including attorney fees.
5.16EFFECTIVE DATE.This section is effective August 1, 2011.
5.19 Section 1. Minnesota Statutes 2010, section 609.065, is amended to read:
5.20609.065 JUSTIFIABLETAKING OF LIFE USE OF DEADLY FORCE IN
5.21DEFENSE OF HOME AND PERSON.
5.22 Subdivision 1. Definitions.The intentional taking of the life of another is not
5.23authorized by section
609.06, except when necessary in resisting or preventing an offense
5.24which the actor reasonably believes exposes the actor or another to great bodily harm or
5.25death, or preventing the commission of a felony in the actor's place of abode. (a) For
5.26purposes of this section, the terms in this subdivision have the meanings given them.
5.27(b) "Court order" means an order for protection issued under section 518B.01, a
5.28restraining order issued under section 609.748, a no contact order issued under section
5.29518B.01 or 629.75, or a substantively similar order issued by any court in this state,
5.30another state, the United States, or any subordinate jurisdiction of the United States.
5.31(c) "Deadly force" means force used by an individual with the purpose of causing,
5.32or which the individual should reasonably know creates a substantial risk of causing,
5.33great bodily harm or death. The intentional discharge of a firearm by an individual at
5.34another person, or at a vehicle in which another person is believed to be, constitutes
6.1deadly force. A threat to cause great bodily harm or death, by the production of a weapon
6.2or otherwise, constitutes reasonable force and not deadly force, when the individual's
6.3objective is limited to creating an expectation that the individual will use deadly force
6.4only if authorized by law.
6.5(d) "Dwelling" means a building defined under section 609.556, subdivision 3, an
6.6overnight stopping accommodation of any kind, or a place of abode, that an individual
6.7temporarily or permanently is occupying or intending to occupy as a habitation or home.
6.8A dwelling may include, but is not limited to, a building or conveyance and that building's
6.9or conveyance's curtilage and any attached or adjacent deck, porch, appurtenance, or
6.10other structure, whether the building or conveyance is used temporarily or permanently
6.11for these purposes, is mobile or immobile, or is a motor vehicle, watercraft, motor home,
6.12tent, or the equivalent.
6.13(e) "Forcible felony" means any crime punishable by imprisonment exceeding one
6.14year the elements of which include the use or threatened use of physical force or a deadly
6.15weapon against the person of another.
6.16(f) "Great bodily harm" has the meaning given in section 609.02, subdivision 7a.
6.17(g) "Substantial bodily harm" has the meaning given in section 609.02, subdivision 8.
6.18(h) "Vehicle" means a conveyance of any type, including but not limited to a motor
6.19vehicle, boat, train, or airplane; a person-powered or animal-powered buggy, wagon,
6.20carriage, sled, or sleigh; a bicycle, pedicab, or Segway; or any other conveyance device.
6.21 Subd. 2. Circumstances when authorized. (a) The use of deadly force by an
6.22individual is justified under this section when the act is undertaken:
6.23(1) to resist or prevent the commission of a felony in the individual's dwelling;
6.24(2) to resist or prevent what the individual reasonably believes is an offense or
6.25attempted offense that imminently exposes the individual or another person to substantial
6.26bodily harm, great bodily harm, or death; or
6.27(3) to resist or prevent what the individual reasonably believes is the commission or
6.28imminent commission of a forcible felony.
6.29(b) The use of deadly force is not authorized under this section if the individual
6.30knows that the person against whom force is being used is a licensed peace officer from
6.31this state, another state, the United States, or any subordinate jurisdiction of the United
6.32States, who is acting lawfully.
6.33 Subd. 3. Degree of force; retreat. An individual taking defensive action pursuant
6.34to subdivision 2 may use all force and means, including deadly force, that the individual
6.35honestly and in good faith believes is required to succeed in defense. The individual may
6.36meet force with superior force when the individual's objective is defensive; the individual
7.1is not required to retreat; and the individual may continue defensive actions against an
7.2assailant until the danger is eliminated.
7.3 Subd. 4. Presumptions. (a) An individual using deadly force is presumed to possess
7.4a reasonable belief that there exists an imminent threat of substantial bodily harm, great
7.5bodily harm, or death to the individual or another person, if the individual knows or
7.6has reason to know that:
7.7(1) the person against whom the defensive action is being taken is entering or
7.8attempting to enter by force or by stealth, or has entered by force or by stealth and remains
7.9within, the dwelling or occupied vehicle of the individual; or
7.10(2) the person against whom the defensive action is being taken is in the process of
7.11removing, or attempting to remove, the individual or another person from the dwelling or
7.12occupied vehicle of the individual.
7.13(b) The individual is not entitled to the benefit of the presumption in paragraph (a) if
7.14the individual knows that the person against whom the defensive action is being taken:
7.15(1) is a lawful resident of the dwelling or a lawful possessor of the vehicle, or is
7.16otherwise lawfully permitted to enter the dwelling or vehicle; or
7.17(2) is a person who has lawful custody of the person being removed from the
7.18dwelling or vehicle or whose removal from the dwelling or vehicle is being attempted.
7.19A person who is prohibited by a court order from contacting another individual or
7.20from entering a dwelling or possessing a vehicle of another individual is not a lawful
7.21resident of that individual's dwelling and is not a lawful possessor of that individual's
7.22vehicle.
7.23 Subd. 5. Criminal investigation; immunity from prosecution. (a) An individual
7.24who uses force, including deadly force, according to this section or as otherwise provided
7.25by law in defense of the individual, the individual's dwelling, or another individual is
7.26justified in using such force and is immune from any civil liability or criminal prosecution
7.27for that act.
7.28(b) A law enforcement agency may arrest an individual using force under
7.29circumstances described in this section only after considering any claims or circumstances
7.30supporting self-defense or lawful defense of another individual.
7.31 Subd. 6. Justifiable use of force; burden of proof. In a criminal trial, when there
7.32is any evidence of justifiable use of force under this section or section 609.06, the state
7.33has the burden of proving beyond a reasonable doubt that the defendant's actions were
7.34not justifiable.
7.35 Subd. 7. Short title. This section may be cited as the "Defense of Dwelling and
7.36Person Act of 2011."
8.1EFFECTIVE DATE.This section is effective August 1, 2011, and applies to uses
8.2of deadly force occurring on or after that date.
8.5 Section 1. Minnesota Statutes 2010, section 624.714, subdivision 16, is amended to
8.6read:
8.7 Subd. 16. Recognition of permits from other states. (a)The commissioner must
8.8annually establish and publish a list of other states that have laws governing the issuance
8.9of permits to carry weapons that are not substantially similar to this section. The list must
8.10be available on the Internet. A person holding a valid carry permit from a or license issued
8.11by another statenot on the list or other non-Minnesota governmental jurisdiction may use
8.12thelicense or permit or license in this state Minnesota subject to the rights, privileges,
8.13and requirements of this section. This permit or license is a valid permit to carry a pistol
8.14within and under the laws of Minnesota for as long as that permit or license remains valid
8.15under the laws of the issuing jurisdiction, and is deemed to be a permit issued under this
8.16section for all purposes.
8.17(b) Notwithstanding paragraph (a), nolicense or permit from or license issued by
8.18another state or other non-Minnesota governmental jurisdiction is valid in this state if the
8.19holder is or becomes prohibited by Minnesota law from possessing a firearm.
8.20(c) Any sheriff, on the sheriff's initiative or at the request of a police chief of a
8.21jurisdiction located in the same county, may file a petition under subdivision 12 seeking
8.22an order suspending or revoking the authority of the holder of an out-of-state permit
8.23holder's authority or license to carry a pistol in this state Minnesota on the grounds set
8.24forth in subdivision 6, paragraph (a), clause (3). An order shallonly be issued only if the
8.25petitioner meets the burden of proof and criteria set forth in subdivision 12. If the court
8.26denies the petition, the court must award the permit or license holder reasonable costs and
8.27expenses including attorney fees. The petition may be filed in any Minnesota countyin
8.28the state where a person holding a license or permit from or license issued by another state
8.29or other non-Minnesota governmental jurisdiction can be found.
8.30(d) The commissioner must annually establish and publish a list of states that have
8.31reciprocity agreements with Minnesota mutually recognizing each state's permits or
8.32licenses to carry a pistol, or that otherwise recognize Minnesota permits to carry a pistol.
8.33The list must be available on the Internet.
9.1(e) The commissioner must, when necessary, execute reciprocity agreements
9.2regarding carry permits or licenses with jurisdictions whose carry permits or licenses are
9.3recognized under paragraph (a).
9.4EFFECTIVE DATE.This section is effective August 1, 2011.
1.3mental health commitment information to the National Instant Criminal
1.4Background Check System for the purpose of facilitating firearms background
1.5checks; creating a reporting requirement; extending time period for renewal
1.6of permit to purchase a pistol from a federally licensed dealer; providing for
1.7an annual background check; requiring courts to report certain data to the
1.8National Instant Criminal Background Check System for the purpose of firearms
1.9background checks; clarifying and delimiting the authority of public officials
1.10to disarm individuals at any time; clarifying law on use of force in defense of
1.11home and person; codifying and extending Minnesota's self-defense and defense
1.12of home laws; eliminating the common law duty to retreat in cases of self
1.13defense outside the home; expanding the boundaries of dwelling for purposes of
1.14self-defense; creating a presumption in the case of a person entering a dwelling
1.15or occupied vehicle by stealth or force; extending the rights available to a person
1.16in that person's dwelling to a person defending against entry of that person's
1.17occupied vehicle; providing for the recognition by Minnesota of other states'
1.18permits to carry a pistol within and under the laws of Minnesota;amending
1.19Minnesota Statutes 2010, sections 245.041; 609.065; 624.713, by adding a
1.20subdivision; 624.7131, subdivisions 2, 6, 8; 624.714, subdivision 16; proposing
1.21coding for new law in Minnesota Statutes, chapter 624.
1.22BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.25 Section 1. Minnesota Statutes 2010, section 245.041, is amended to read:
1.26245.041 PROVISION OF FIREARMS BACKGROUND CHECK
1.27INFORMATION.
1.28Notwithstanding section
1.29services shall provide commitment information to
1.30individual request basis by means of electronic data transfer from the Department of
2.1Human Services through the Minnesota Crime Information System and the National
2.2Instant Criminal Background Check System for the
2.3background check under section
2.4provided is limited to whether the person has been committed under chapter 253B and, if
2.5so, the type of commitment. No later than August 1, 2011, the commissioner must make
2.6available in electronic data format the commitment information required by this section
2.7for commitments occurring since August 1, 1994.
2.8EFFECTIVE DATE.This section is effective the day following final enactment.
2.9 Sec. 2. Minnesota Statutes 2010, section 624.713, is amended by adding a subdivision
2.10to read:
2.11 Subd. 5. Provision of firearms background check information. (a) When a
2.12court places a person, including a person under the jurisdiction of the juvenile court, who
2.13is charged with committing a crime of violence, into a pretrial diversion program before
2.14disposition, the court must ensure that information regarding the person's placement in
2.15that program and the ordered expiration date of that placement is transmitted as soon as
2.16practicable to the National Instant Criminal Background Check System. When a person
2.17successfully completes or discontinues the program, the court must also report that fact as
2.18soon as practicable to the National Instant Criminal Background Check System.
2.19(b) The court must report the conviction and duration of the firearms disqualification
2.20imposed as soon as practicable to the National Instant Criminal Background Check
2.21System when a person is convicted of a gross misdemeanor that disqualifies the person
2.22from possessing firearms under the following sections:
2.23(1) 518B.01, subdivision 14;
2.24(2) 609.224, subdivision 3;
2.25(3) 609.2242, subdivision 3;
2.26(4) 609.749, subdivision 8;
2.27(5) 624.713, subdivision 1, clause (11); or
2.28(6) 629.715, subdivision 2.
2.29EFFECTIVE DATE.This section is effective August 1, 2011.
2.30 Sec. 3. Minnesota Statutes 2010, section 624.7131, subdivision 2, is amended to read:
2.31 Subd. 2. Investigation. The chief of police or sheriff shall check criminal histories,
2.32records and warrant information relating to the applicant through the Minnesota Crime
2.33Information System, the national criminal record repository, and the National Instant
3.1Criminal Background Check System. The chief of police or sheriff shall also make a
3.2reasonable effort to check other available state and local record-keeping systems. The
3.3chief of police or sheriff shall obtain commitment information from the commissioner of
3.4human services as provided in section
3.5a background check by means of electronic data transfer on a permit holder through the
3.6Minnesota Crime Information System and the National Instant Criminal Background
3.7Check System at least yearly to ensure continuing eligibility.
3.8EFFECTIVE DATE.This section is effective August 1, 2011, for all valid
3.9transferee permits issued by the chief of police or sheriff on or after August 1, 2010.
3.10 Sec. 4. Minnesota Statutes 2010, section 624.7131, subdivision 6, is amended to read:
3.11 Subd. 6. Permits valid statewide for five years. Transferee permits issued pursuant
3.12to this section are valid statewide and shall expire after
3.13permit may be renewed in the same manner and subject to the same provisions by which
3.14the original permit was obtained, except that all renewed permits must comply with the
3.15standards adopted by the commissioner under section
3.16to this section are not transferable. A person who transfers a permit in violation of this
3.17subdivision is guilty of a misdemeanor.
3.18EFFECTIVE DATE.This section is effective August 1, 2011, for transferee
3.19permits issued under section 624.7131 or 624.7132, on or after August 1, 2010.
3.20 Sec. 5. Minnesota Statutes 2010, section 624.7131, subdivision 8, is amended to read:
3.21 Subd. 8.
3.22violation of this section or by denial of a transferee permit may
3.23for relief to the district court having jurisdiction over the county or municipality in which
3.24the
3.25prohibited from possessing a pistol or semiautomatic military-style assault weapon by
3.26section 624.713. If the court grants relief under this subdivision, the court must award the
3.27petitioner reasonable costs and expenses including attorney fees.
3.28EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
3.29appeals brought on or after that date.
3.30 Sec. 6. REPORTING REQUIREMENT.
3.31By February 1, 2012, and each year thereafter on that date, the commissioner of
3.32human services must report to the chairs and ranking minority members of the committees
4.1of the senate and house of representatives having jurisdiction over criminal justice funding
4.2and policy, on the commissioner's progress in meeting the requirement in section 1.
4.3EFFECTIVE DATE.This section is effective the day following final enactment.
4.6 Section 1. [624.7192] AUTHORITY TO SEIZE AND CONFISCATE FIREARMS.
4.7(a) A peace officer who is acting in the lawful discharge of the officer's official
4.8duties may disarm a lawfully detained individual only temporarily and only if the officer
4.9reasonably believes it is immediately necessary for the protection of the officer or another
4.10individual. Before releasing the individual, the peace officer must return to the individual
4.11any seized firearms and ammunition, and components thereof, any firearms accessories
4.12and ammunition reloading equipment and supplies, and any other personal weapons
4.13taken from the individual, unless the officer takes the individual into physical custody for
4.14engaging in criminal activity, or seizes the items as evidence pursuant to an investigation
4.15for the commission of a crime.
4.16(b) Notwithstanding any other law to the contrary, no governmental unit, government
4.17official, government employee, peace officer, or other person or body acting under
4.18governmental authority or color of law may undertake any of the following actions with
4.19regard to any firearms and ammunition, and components thereof; any firearms accessories
4.20and ammunition reloading equipment and supplies; and any other personal weapons:
4.21(1) prohibit, regulate, or curtail the otherwise lawful possession, carrying,
4.22transportation, transfer, defensive use, or other lawful use of any of these items;
4.23(2) seize, commandeer, or confiscate any of these items in any manner, except as
4.24expressly authorized in paragraph (a);
4.25(3) suspend or revoke a valid permit issued pursuant to section 624.7131 or 624.714,
4.26except as expressly authorized in those sections; or
4.27(4) close or limit the operating hours of businesses that lawfully sell or service
4.28any of these items.
4.29(c) No provision of law relating to a public disorder or disaster emergency
4.30proclamation by the governor or any other governmental or quasi-governmental official,
4.31including but not limited to emergency management powers pursuant to chapters 9
4.32and 12, shall be construed as authorizing the governor or any other governmental or
4.33quasi-governmental official of this state or any of its political subdivisions acting at
5.1the direction of the governor or another official to act in violation of this paragraph
5.2or paragraphs (a) and (b).
5.3(d)(1) An individual aggrieved by a violation of this section may seek relief in an
5.4action at law or in equity or in any other proper proceeding for damages, injunctive relief,
5.5or other appropriate redress against a person who commits or causes the commission of
5.6this violation. Venue shall be in the district court having jurisdiction over the county in
5.7which the aggrieved individual resides or in which the violation occurred.
5.8(2) In addition to any other remedy available at law or in equity, an individual
5.9aggrieved by the seizure or confiscation of an item listed in paragraph (b) in violation of
5.10this section may make application for the immediate return of the items in the office of the
5.11clerk of court for the county in which the items were seized and, except as provided in
5.12paragraph (a), the court shall order the immediate return of the items by the seizing or
5.13confiscating governmental office and that office's employed officials.
5.14(3) In an action or proceeding to enforce this section, the court shall award the
5.15prevailing plaintiff reasonable court costs and expenses, including attorney fees.
5.16EFFECTIVE DATE.This section is effective August 1, 2011.
5.19 Section 1. Minnesota Statutes 2010, section 609.065, is amended to read:
5.20609.065 JUSTIFIABLE
5.21DEFENSE OF HOME AND PERSON.
5.22 Subdivision 1. Definitions.
5.23
5.24
5.25
5.26purposes of this section, the terms in this subdivision have the meanings given them.
5.27(b) "Court order" means an order for protection issued under section 518B.01, a
5.28restraining order issued under section 609.748, a no contact order issued under section
5.29518B.01 or 629.75, or a substantively similar order issued by any court in this state,
5.30another state, the United States, or any subordinate jurisdiction of the United States.
5.31(c) "Deadly force" means force used by an individual with the purpose of causing,
5.32or which the individual should reasonably know creates a substantial risk of causing,
5.33great bodily harm or death. The intentional discharge of a firearm by an individual at
5.34another person, or at a vehicle in which another person is believed to be, constitutes
6.1deadly force. A threat to cause great bodily harm or death, by the production of a weapon
6.2or otherwise, constitutes reasonable force and not deadly force, when the individual's
6.3objective is limited to creating an expectation that the individual will use deadly force
6.4only if authorized by law.
6.5(d) "Dwelling" means a building defined under section 609.556, subdivision 3, an
6.6overnight stopping accommodation of any kind, or a place of abode, that an individual
6.7temporarily or permanently is occupying or intending to occupy as a habitation or home.
6.8A dwelling may include, but is not limited to, a building or conveyance and that building's
6.9or conveyance's curtilage and any attached or adjacent deck, porch, appurtenance, or
6.10other structure, whether the building or conveyance is used temporarily or permanently
6.11for these purposes, is mobile or immobile, or is a motor vehicle, watercraft, motor home,
6.12tent, or the equivalent.
6.13(e) "Forcible felony" means any crime punishable by imprisonment exceeding one
6.14year the elements of which include the use or threatened use of physical force or a deadly
6.15weapon against the person of another.
6.16(f) "Great bodily harm" has the meaning given in section 609.02, subdivision 7a.
6.17(g) "Substantial bodily harm" has the meaning given in section 609.02, subdivision 8.
6.18(h) "Vehicle" means a conveyance of any type, including but not limited to a motor
6.19vehicle, boat, train, or airplane; a person-powered or animal-powered buggy, wagon,
6.20carriage, sled, or sleigh; a bicycle, pedicab, or Segway; or any other conveyance device.
6.21 Subd. 2. Circumstances when authorized. (a) The use of deadly force by an
6.22individual is justified under this section when the act is undertaken:
6.23(1) to resist or prevent the commission of a felony in the individual's dwelling;
6.24(2) to resist or prevent what the individual reasonably believes is an offense or
6.25attempted offense that imminently exposes the individual or another person to substantial
6.26bodily harm, great bodily harm, or death; or
6.27(3) to resist or prevent what the individual reasonably believes is the commission or
6.28imminent commission of a forcible felony.
6.29(b) The use of deadly force is not authorized under this section if the individual
6.30knows that the person against whom force is being used is a licensed peace officer from
6.31this state, another state, the United States, or any subordinate jurisdiction of the United
6.32States, who is acting lawfully.
6.33 Subd. 3. Degree of force; retreat. An individual taking defensive action pursuant
6.34to subdivision 2 may use all force and means, including deadly force, that the individual
6.35honestly and in good faith believes is required to succeed in defense. The individual may
6.36meet force with superior force when the individual's objective is defensive; the individual
7.1is not required to retreat; and the individual may continue defensive actions against an
7.2assailant until the danger is eliminated.
7.3 Subd. 4. Presumptions. (a) An individual using deadly force is presumed to possess
7.4a reasonable belief that there exists an imminent threat of substantial bodily harm, great
7.5bodily harm, or death to the individual or another person, if the individual knows or
7.6has reason to know that:
7.7(1) the person against whom the defensive action is being taken is entering or
7.8attempting to enter by force or by stealth, or has entered by force or by stealth and remains
7.9within, the dwelling or occupied vehicle of the individual; or
7.10(2) the person against whom the defensive action is being taken is in the process of
7.11removing, or attempting to remove, the individual or another person from the dwelling or
7.12occupied vehicle of the individual.
7.13(b) The individual is not entitled to the benefit of the presumption in paragraph (a) if
7.14the individual knows that the person against whom the defensive action is being taken:
7.15(1) is a lawful resident of the dwelling or a lawful possessor of the vehicle, or is
7.16otherwise lawfully permitted to enter the dwelling or vehicle; or
7.17(2) is a person who has lawful custody of the person being removed from the
7.18dwelling or vehicle or whose removal from the dwelling or vehicle is being attempted.
7.19A person who is prohibited by a court order from contacting another individual or
7.20from entering a dwelling or possessing a vehicle of another individual is not a lawful
7.21resident of that individual's dwelling and is not a lawful possessor of that individual's
7.22vehicle.
7.23 Subd. 5. Criminal investigation; immunity from prosecution. (a) An individual
7.24who uses force, including deadly force, according to this section or as otherwise provided
7.25by law in defense of the individual, the individual's dwelling, or another individual is
7.26justified in using such force and is immune from any civil liability or criminal prosecution
7.27for that act.
7.28(b) A law enforcement agency may arrest an individual using force under
7.29circumstances described in this section only after considering any claims or circumstances
7.30supporting self-defense or lawful defense of another individual.
7.31 Subd. 6. Justifiable use of force; burden of proof. In a criminal trial, when there
7.32is any evidence of justifiable use of force under this section or section 609.06, the state
7.33has the burden of proving beyond a reasonable doubt that the defendant's actions were
7.34not justifiable.
7.35 Subd. 7. Short title. This section may be cited as the "Defense of Dwelling and
7.36Person Act of 2011."
8.1EFFECTIVE DATE.This section is effective August 1, 2011, and applies to uses
8.2of deadly force occurring on or after that date.
8.5 Section 1. Minnesota Statutes 2010, section 624.714, subdivision 16, is amended to
8.6read:
8.7 Subd. 16. Recognition of permits from other states. (a)
8.8
8.9
8.10
8.11by another state
8.12the
8.13and requirements of this section. This permit or license is a valid permit to carry a pistol
8.14within and under the laws of Minnesota for as long as that permit or license remains valid
8.15under the laws of the issuing jurisdiction, and is deemed to be a permit issued under this
8.16section for all purposes.
8.17(b) Notwithstanding paragraph (a), no
8.18another state or other non-Minnesota governmental jurisdiction is valid in this state if the
8.19holder is or becomes prohibited by Minnesota law from possessing a firearm.
8.20(c) Any sheriff, on the sheriff's initiative or at the request of a police chief of a
8.21jurisdiction located in the same county, may file a petition under subdivision 12 seeking
8.22an order suspending or revoking the authority of the holder of an out-of-state permit
8.23
8.24forth in subdivision 6, paragraph (a), clause (3). An order shall
8.25petitioner meets the burden of proof and criteria set forth in subdivision 12. If the court
8.26denies the petition, the court must award the permit or license holder reasonable costs and
8.27expenses including attorney fees. The petition may be filed in any Minnesota county
8.28
8.29or other non-Minnesota governmental jurisdiction can be found.
8.30(d) The commissioner must annually establish and publish a list of states that have
8.31reciprocity agreements with Minnesota mutually recognizing each state's permits or
8.32licenses to carry a pistol, or that otherwise recognize Minnesota permits to carry a pistol.
8.33The list must be available on the Internet.
9.1(e) The commissioner must
9.2regarding carry permits or licenses with jurisdictions whose carry permits or licenses are
9.3recognized under paragraph (a).
9.4EFFECTIVE DATE.This section is effective August 1, 2011.
