Bill Text: MN SF205 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Pistols and semiautomatic military-style assault weapons transfers and possession eligibility; criminal penalty provisions
Sponsorship: Partisan Bill (Democrat 3)
Status: (Introduced - Dead) 2013-02-21 - Withdrawn and returned to author [SF205 Detail]
Download: Minnesota-2013-SF205-Introduced.html
1.2relating to public safety; modifying provisions related to the transfer of pistols or
1.3semiautomatic military-style assault weapons and eligibility to possess a firearm;
1.4providing criminal penalties;amending Minnesota Statutes 2012, sections
1.5624.713, subdivisions 1, 4; 624.7131, subdivisions 1, 4, 5, 7, 9, 10; 624.7132,
1.6subdivisions 1, 3, 4, 5, 6, 8, 12, 13, 15, by adding a subdivision; repealing
1.7Minnesota Statutes 2012, sections 609.66, subdivision 1f; 624.7132, subdivision
1.814; 624.7141.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2012, section 624.713, subdivision 1, is amended to read:
1.11 Subdivision 1. Ineligible persons. The following persons shall not be entitled to
1.12possess a pistol or semiautomatic military-style assault weapon or, except for clause (1),
1.13any other firearm:
1.14(1) a person under the age of 18 years except that a person under 18 may carry or
1.15possess a pistol or semiautomatic military-style assault weapon (i) in the actual presence
1.16or under the direct supervision of the person's parent or guardian, (ii) for the purpose
1.17of military drill under the auspices of a legally recognized military organization and
1.18under competent supervision, (iii) for the purpose of instruction, competition, or target
1.19practice on a firing range approved by the chief of police or county sheriff in whose
1.20jurisdiction the range is located and under direct supervision; or (iv) if the person has
1.21successfully completed a course designed to teach marksmanship and safety with a pistol
1.22or semiautomatic military-style assault weapon and approved by the commissioner of
1.23natural resources;
1.24(2) except as otherwise provided in clause (9), a person who has been convicted of,
1.25or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing,
1.26in this state or elsewhere, a crime of violence. For purposes of this section, crime of
2.1violence includes crimes in other states or jurisdictions which would have been crimes of
2.2violence as herein defined if they had been committed in this state;
2.3(3) a person who is or has ever been confined or committed in Minnesota
2.4or elsewhereby a judicial determination that the as a person who is mentally ill,
2.5developmentally disabled, or mentally ill and dangerous to the public, as defined in section
2.6253B.02
, to a treatment facility, or who has ever been found incompetent to stand trial or
2.7not guilty by reason of mental illness, unless the person's ability to possess a firearm has
2.8been restored under subdivision 4;
2.9(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
2.10gross misdemeanor violation of chapter 152, unless three years have elapsed since the date
2.11of conviction and, during that time, the person has not been convicted of any other such
2.12violation of chapter 152 or a similar law of another state; or a person who is or has ever
2.13been hospitalized or committedby a judicial determination for treatment for the habitual
2.14use of a controlled substance or marijuana, as defined in sections152.01 and
152.02 ,
2.15unless the person's ability to possess a firearm has been restored under subdivision 4;
2.16(5) a person who is or has ever been confined or committed to a treatment facility
2.17in Minnesota or elsewhereby a judicial determination that the person is as chemically
2.18dependent as defined in section253B.02 , unless the person has completed treatment or the
2.19person's ability to possess a firearm has been restored under subdivision 4. Property rights
2.20may not be abated but access may be restricted by the courts;
2.21(6) a peace officer who is informally admitted to a treatment facility pursuant to
2.22section253B.04 for chemical dependency, unless the officer possesses a certificate from
2.23the head of the treatment facility discharging or provisionally discharging the officer from
2.24the treatment facility. Property rights may not be abated but access may be restricted
2.25by the courts;
2.26(7) a person, including a person under the jurisdiction of the juvenile court, who
2.27has been charged with committing a crime of violence and has been placed in a pretrial
2.28diversion program by the court before disposition, until the person has completed the
2.29diversion program and the charge of committing the crime of violence has been dismissed;
2.30(8) except as otherwise provided in clause (9), a person who has been convicted in
2.31another state of committing an offense similar to the offense described in section609.224,
2.32subdivision 3 , against a family or household member or section
609.2242, subdivision
2.333 , unless three years have elapsed since the date of conviction and, during that time, the
2.34person has not been convicted of any other violation of section609.224, subdivision 3 , or
2.35609.2242, subdivision 3
, or a similar law of another state;
3.1(9) a person who has been convicted in this state or elsewhere of assaulting a family
3.2or household member and who was found by the court to have used a firearm in any way
3.3during commission of the assault is prohibited from possessing any type of firearm for the
3.4period determined by the sentencing court;
3.5(10) a person who:
3.6(i) has been convicted in any court of a crime punishable by imprisonment for a
3.7term exceeding one year;
3.8(ii) is a fugitive from justice as a result of having fled from any state to avoid
3.9prosecution for a crime or to avoid giving testimony in any criminal proceeding;
3.10(iii) is an unlawful user of any controlled substance as defined in chapter 152;
3.11(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
3.12as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
3.13the public, as defined in section253B.02 ;
3.14(v) is an alien who is illegally or unlawfully in the United States;
3.15(vi) has been discharged from the armed forces of the United States under
3.16dishonorable conditions; or
3.17(vii) has renounced the person's citizenship having been a citizen of the United
3.18States; or
3.19(11) a person who has been convicted of the following offenses at the gross
3.20misdemeanor level, unless three years have elapsed since the date of conviction and, during
3.21that time, the person has not been convicted of any other violation of these sections: section
3.22609.229
(crimes committed for the benefit of a gang);
609.2231, subdivision 4 (assaults
3.23motivated by bias);609.255 (false imprisonment);
609.378 (neglect or endangerment of a
3.24child);609.582, subdivision 4 (burglary in the fourth degree);
609.665 (setting a spring
3.25gun);609.71 (riot); or
609.749 (stalking). For purposes of this paragraph, the specified
3.26gross misdemeanor convictions include crimes committed in other states or jurisdictions
3.27which would have been gross misdemeanors if conviction occurred in this state.
3.28A person who issues a certificate pursuant to this section in good faith is not liable
3.29for damages resulting or arising from the actions or misconduct with a firearm committed
3.30by the individual who is the subject of the certificate.
3.31The prohibition in this subdivision relating to the possession of firearms other than
3.32pistols and semiautomatic military-style assault weapons does not apply retroactively
3.33to persons who are prohibited from possessing a pistol or semiautomatic military-style
3.34assault weapon under this subdivision before August 1, 1994.
3.35The lifetime prohibition on possessing, receiving, shipping, or transporting firearms
3.36for persons convicted or adjudicated delinquent of a crime of violence in clause (2),
4.1applies only to offenders who are discharged from sentence or court supervision for a
4.2crime of violence on or after August 1, 1993.
4.3For purposes of this section, "judicial determination" means a court proceeding
4.4pursuant to sections253B.07 to
253B.09 or a comparable law from another state.
4.5 Sec. 2. Minnesota Statutes 2012, section 624.713, subdivision 4, is amended to read:
4.6 Subd. 4. Restoration of firearms eligibility to civilly committed person;
4.7petition authorized. (a) A person who is prohibited from possessing a firearm under
4.8subdivision 1, due to commitmentresulting from a judicial determination that the person
4.9is, hospitalization, or confinement based on the person being mentally ill, developmentally
4.10disabled, mentally ill and dangerous, or chemically dependent, may petition a court to
4.11restore the person's ability to possess a firearm.
4.12(b) The court may grant the relief sought in paragraph (a) in accordance with
4.13the principles of due process if the circumstances regarding the person's disqualifying
4.14condition and the person's record and reputation are determined to be such that:
4.15(1) the person is not likely to act in a manner that is dangerous to public safety; and
4.16(2) the granting of relief would not be contrary to the public interest.
4.17(c) When determining whether a person has met the requirement of paragraph (b),
4.18clause (1), the court may consider evidence from a licensed medical doctor or clinical
4.19psychologist that the person is no longer suffering from the disease or condition that
4.20caused the disability or that the disease or condition has been successfully treated for a
4.21period of three consecutive years.
4.22(d) Review on appeal shall be de novo.
4.23 Sec. 3. Minnesota Statutes 2012, section 624.7131, subdivision 1, is amended to read:
4.24 Subdivision 1. Information. (a) Any person may apply for a transferee permit by
4.25providing the following information in writing to the chief of police of an organized full
4.26time police department of the municipality in which the person resides or to the county
4.27sheriff if there is no such local chief of police:
4.28(1) the name, residence, telephone number, and driver's license number or
4.29nonqualification certificate number, if any, of the proposed transferee;
4.30(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing
4.31physical characteristics, if any, of the proposed transferee;
4.32(3) a statement that the proposed transferee authorizes the release to the local police
4.33authority of commitment information about the proposed transferee maintained by the
4.34commissioner of human services, to the extent that the information relates to the proposed
5.1transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon
5.2under section624.713, subdivision 1 ; and
5.3(4) a statement by the proposed transferee that the proposed transferee is not
5.4prohibited bysection
624.713
5.5semiautomatic military-style assault weapon.
5.6(b) In addition to the requirements described in paragraph (a), the proposed
5.7transferee shall submit an accurate photocopy of the person's current driver's license, state
5.8identification card, or the photo page of the person's passport.
5.9(c) The statements shall be signed and dated by the person applying for a permit. At
5.10the time of application, the local police authority shall provide the applicant with a dated
5.11receipt for the application. The statement under paragraph (a), clause (3), must comply
5.12with any applicable requirements of Code of Federal Regulations, title 42, sections2.31 to
5.132.35
, with respect to consent to disclosure of alcohol or drug abuse patient records.
5.14 Sec. 4. Minnesota Statutes 2012, section 624.7131, subdivision 4, is amended to read:
5.15 Subd. 4. Grounds for disqualification. A determination by the chief of police or
5.16sheriff that the applicant is prohibited bysection
624.713
5.17possessing a pistol or semiautomatic military-style assault weapon shall be the only basis
5.18for refusal to grant a transferee permit.
5.19 Sec. 5. Minnesota Statutes 2012, section 624.7131, subdivision 5, is amended to read:
5.20 Subd. 5. Granting of permits. (a) Except as provided in paragraph (b), the chief
5.21of police or sheriff shall issue a transferee permit or deny the application within seven
5.22business days of application for the permit. The chief of police or sheriff shall provide
5.23an applicant with written notification of a denial and the specific reason for the denial.
5.24The permits and their renewal shall be grantedfree of charge for a fee set by the chief
5.25or sheriff in an amount not to exceed $25.
5.26(b) If a police chief or sheriff is unable to verify a proposed transferee's identity or
5.27criminal record within the seven-business-day requirement described in paragraph (a), the
5.28chief or sheriff may require the transferee to submit a set of classifiable fingerprints. If this
5.29occurs, the seven-business-day period described in paragraph (a) is extended to 30 days.
5.30 Sec. 6. Minnesota Statutes 2012, section 624.7131, subdivision 7, is amended to read:
5.31 Subd. 7. Permit voided. The transferee permit shall be void at the time that the
5.32holder becomes prohibited from possessing a pistol undersection
624.713
5.33federal law, in which event the holder shall return the permit within five days to the issuing
6.1authority. Failure of the holder to return the permit within the five days is a misdemeanor
6.2unless the court finds that the circumstances or the physical or mental condition of the
6.3permit holder prevented the holder from complying with the return requirement.
6.4 Sec. 7. Minnesota Statutes 2012, section 624.7131, subdivision 9, is amended to read:
6.5 Subd. 9. Permit to carry. A valid permit to carry issued within the 12 months
6.6immediately preceding the transfer of the firearm pursuant to section624.714 constitutes a
6.7transferee permit for the purposes of this section and section624.7132 .
6.8 Sec. 8. Minnesota Statutes 2012, section 624.7131, subdivision 10, is amended to read:
6.9 Subd. 10. Transfer report not required. A person who transfers a pistol or
6.10semiautomatic military-style assault weapon to a person exhibiting a valid transferee
6.11permit issued pursuant to this section or a valid permit to carry issued within the 12
6.12months immediately preceding the transfer pursuant to section624.714 is not required to
6.13file a transfer report pursuant to section624.7132, subdivision 1 .
6.14 Sec. 9. Minnesota Statutes 2012, section 624.7132, subdivision 1, is amended to read:
6.15 Subdivision 1. Required information. (a) Except as provided in this section
6.16and section624.7131 , Every person who agrees to transfer a pistol or semiautomatic
6.17military-style assault weapon shall report the following information in writing to the
6.18chief of police of the organized full-time police department of the municipality where the
6.19proposed transferee resides or to the appropriate county sheriff if there is no such local
6.20chief of police:
6.21(1) the name, residence, telephone number, and driver's license number or
6.22nonqualification certificate number, if any, of the proposed transferee;
6.23(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing
6.24physical characteristics, if any, of the proposed transferee;
6.25(3) a statement that the proposed transferee authorizes the release to the local police
6.26authority of commitment information about the proposed transferee maintained by the
6.27commissioner of human services, to the extent that the information relates to the proposed
6.28transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon
6.29under section624.713, subdivision 1 ;
6.30(4) a statement by the proposed transferee that the transferee is not prohibited
6.31bysection
624.713
6.32military-style assault weapon; and
6.33(5) the address of the place of business of the transferor.
7.1(b) In addition to the requirements described in paragraph (a), the proposed
7.2transferee shall submit an accurate photocopy of the person's current driver's license, state
7.3identification card, or the photo page of the person's passport.
7.4(c) The report shall be signed and dated by the transferor and the proposed transferee.
7.5The report shall be delivered by the transferor to the chief of police or sheriff no later
7.6than three days after the date of the agreement to transfer, excluding weekends and legal
7.7holidays. The statement under paragraph (a), clause (3), must comply with any applicable
7.8requirements of Code of Federal Regulations, title 42, sections2.31 to
2.35 , with respect
7.9to consent to disclosure of alcohol or drug abuse patient records.
7.10 Sec. 10. Minnesota Statutes 2012, section 624.7132, subdivision 3, is amended to read:
7.11 Subd. 3. Notification. The chief of police or sheriff shall notify the transferor and
7.12proposed transferee in writing as soon as possible if the chief or sheriff determines that
7.13the proposed transferee is prohibited bysection
624.713
7.14possessing a pistol or semiautomatic military-style assault weapon. The notification to the
7.15transferee shall specify the grounds for the disqualification of the proposed transferee and
7.16shall set forth in detail the transferee's right of appeal under subdivision 13.
7.17 Sec. 11. Minnesota Statutes 2012, section 624.7132, subdivision 4, is amended to read:
7.18 Subd. 4. Delivery. (a) Except as otherwise provided in this subdivision or
7.19 subdivision7 or 8, no person shall deliver a pistol or semiautomatic military-style
7.20assault weapon to a proposed transferee untilfive seven business days after the date
7.21the agreement to transfer is delivered to a chief of police or sheriff in accordance with
7.22subdivision 1 unless the chief of police or sheriff waives all or a portion of theseven-day
7.23 seven-business-day waiting period. The chief of police or sheriff may waive all or a
7.24portion of thefive seven-business-day waiting period in writing if the chief of police or
7.25sheriff finds that the transferee requires access to a pistol or semiautomatic military-style
7.26assault weapon because of a threat to the life of the transferee or of any member of the
7.27household of the transferee.
7.28(b) If a police chief or sheriff is unable to verify a proposed transferee's identity or
7.29criminal record within the seven-business-day requirement described in paragraph (a), the
7.30chief or sheriff may require the transferee to submit a set of classifiable fingerprints. If this
7.31occurs, the chief or sheriff shall notify the transferor of this in writing.
7.32(c) No person shall deliver a pistol or semiautomatic military-style assault weapon to
7.33a proposed transferee after receiving a written notification that the chief of police or sheriff
8.1has determined that the proposed transferee is prohibited bysection
624.713
8.2federal law from possessing a pistol or semiautomatic military-style assault weapon.
8.3(d) If the transferor makes a report of transfer and receives no written notification
8.4of disqualification of the proposed transferee and no written notification as described
8.5in paragraph (b) withinfive seven business days after delivery of the agreement to
8.6transfer, the pistol or semiautomatic military-style assault weapon may be delivered to
8.7the transferee. If the transferor receives the written notification described in paragraph
8.8(b), the seven-business-day period is extended to 30 days.
8.9 Sec. 12. Minnesota Statutes 2012, section 624.7132, subdivision 5, is amended to read:
8.10 Subd. 5. Grounds for disqualification. A determination by the chief of police or
8.11sheriff that the proposed transferee is prohibited bysection
624.713
8.12law from possessing a pistol or semiautomatic military-style assault weapon shall be the
8.13sole basis for a notification of disqualification under this section.
8.14 Sec. 13. Minnesota Statutes 2012, section 624.7132, subdivision 6, is amended to read:
8.15 Subd. 6. Transferee permit. If a chief of police or sheriff determines that a
8.16transferee is not a person prohibited bysection
624.713
8.17possessing a pistol or semiautomatic military-style assault weapon, the transferee may,
8.18within 30 days after the determination, apply to that chief of police or sheriff for a
8.19transferee permit, and the permit shall be issued.
8.20 Sec. 14. Minnesota Statutes 2012, section 624.7132, is amended by adding a
8.21subdivision to read:
8.22 Subd. 7a. Transfer by or to licensed dealers only. No person shall transfer a pistol
8.23or semiautomatic military-style assault weapon unless the transferor or the transferee
8.24is a federally licensed firearms dealer. Where neither party to a prospective pistol or
8.25semiautomatic military-style assault weapon transfer is a federally licensed firearms
8.26dealer, the parties shall complete the transfer through a federally licensed firearms dealer
8.27as follows:
8.28(1) the transferor shall deliver the pistol or semiautomatic military-style assault
8.29weapon and a valid transferee permit or report of transfer to a federally licensed firearms
8.30dealer, who shall retain possession of that pistol or semiautomatic military-style assault
8.31weapon until the transaction is completed or as provided in clause (3);
9.1(2) the federally licensed dealer shall comply with this section and federal law as
9.2if the dealer had agreed to directly transfer the pistol or semiautomatic military-style
9.3assault weapon to the proposed transferee;
9.4(3) if the dealer cannot legally deliver the pistol or semiautomatic military-style
9.5assault weapon to the proposed transferee or otherwise chooses not to complete the
9.6transaction, the dealer shall conduct a background check in accordance with federal law
9.7and file a report of transfer to transfer the pistol or semiautomatic military-style assault
9.8weapon back to the original transferor. If the original transferor is prohibited by any state
9.9or federal law from possessing a pistol or semiautomatic military-style assault weapon, the
9.10dealer shall transfer the firearm to the chief of police or sheriff within 24 hours;
9.11(4) a dealer who denies transfer of a pistol or semiautomatic military-style assault
9.12weapon shall immediately report the identity of the proposed transferee and the date,
9.13time, and place of the attempted transfer to the local law enforcement agency where
9.14the dealer is located; and
9.15(5) the dealer may require the proposed transferee to pay a fee of not more than $25
9.16when assisting with a transfer under this subdivision.
9.17 Sec. 15. Minnesota Statutes 2012, section 624.7132, subdivision 8, is amended to read:
9.18 Subd. 8. Report not required. If the proposed transferee presents a valid transferee
9.19permit issued under section624.7131 or a valid permit to carry issued within the 12
9.20months immediately preceding the transfer under section624.714 , the transferor need
9.21not file a transfer report.
9.22 Sec. 16. Minnesota Statutes 2012, section 624.7132, subdivision 12, is amended to read:
9.23 Subd. 12. Exclusions. (a) For the purposes of this subdivision, "relative" means a
9.24parent, stepparent, child, stepchild, brother, sister, grandparent, or grandchild, by blood or
9.25marriage.
9.26Except as otherwise provided in section
609.66, subdivision 1f, (b) This section shall
9.27not apply totransfers of antique firearms as curiosities or for their historical significance
9.28or value, transfers to or between federally licensed firearms dealers, transfers by order of
9.29court, involuntary transfers, transfers at death or the following transfers:
9.30(1) a transfer by a personother than a federally licensed firearms dealer to a relative
9.31who is not ineligible to possess a firearm under state or federal law;
9.32(2) a loan to a prospective transferee if the loan is intended for a period of no more
9.33thanone day 24 hours;
10.1(3) the delivery of a pistol or semiautomatic military-style assault weapon to a
10.2person for the purpose of repair, reconditioning or remodeling;
10.3(4) a loan by a teacher to a student in a course designed to teach marksmanship or
10.4safety with a pistol and approved by the commissioner of natural resources;
10.5(5) a loan between persons at a firearms collectors exhibition if the loan is intended
10.6for a period of no more than 24 hours;
10.7(6) a loan between persons lawfully engaged in hunting or target shooting if the loan
10.8is intended for a period of no more than 12 hours;
10.9(7) a loan between law enforcement officers who have the power to make arrests
10.10other than citizen arrests; and
10.11(8) a loan between employees or between the employer and an employee in a
10.12business if the employee is required to carry a pistol or semiautomatic military-style assault
10.13weapon by reason of employment and is the holder of a valid permit to carry a pistol.
10.14 Sec. 17. Minnesota Statutes 2012, section 624.7132, subdivision 13, is amended to read:
10.15 Subd. 13. Appeal. A person aggrieved by the determination of a chief of police
10.16or sheriff that the person is prohibited bysection
624.713
10.17possessing a pistol or semiautomatic military-style assault weapon may appeal the
10.18determination as provided in this subdivision. The district court shall have jurisdiction of
10.19proceedings under this subdivision.
10.20On review pursuant to this subdivision, the court shall be limited to a determination
10.21of whether the proposed transferee is a person prohibited from possessing a pistol or
10.22semiautomatic military-style assault weapon bysection
624.713
10.23 Sec. 18. Minnesota Statutes 2012, section 624.7132, subdivision 15, is amended to read:
10.24 Subd. 15. Penalties. (a) Except as otherwise provided in paragraph (b), a person
10.25who does any of the following is guilty of a gross misdemeanor:
10.26(1) transfers a pistol or semiautomatic military-style assault weapon in violation
10.27of subdivisions 1 to 13;
10.28(2) transfers a pistol or semiautomatic military-style assault weapon to a person who
10.29has made a false statement in order to become a transferee, if the transferor knows or has
10.30reason to know the transferee has made the false statement;
10.31(3) knowingly becomes a transferee in violation of subdivisions 1 to 13; or
10.32(4) makes a false statement in order to become a transferee of a pistol or
10.33semiautomatic military-style assault weapon knowing or having reason to know the
10.34statement is false.
11.1(b) A person who doeseither any of the following is guilty of a felony:
11.2(1) transfers a pistol or semiautomatic military-style assault weapon to a person
11.3under the age of 18 in violation of subdivisions 1 to 13;or
11.4(2) transfers a pistol or semiautomatic military-style assault weapon to a person
11.5under the age of 18 who has made a false statement in order to become a transferee, if the
11.6transferor knows or has reason to know the transferee has made the false statement;
11.7(3) transfers a pistol or a semiautomatic military-style assault weapon to another in
11.8violation of this section if:
11.9(i) the person knows or has reason to know that the transferee is prohibited under
11.10state or federal law from possessing a firearm; and
11.11(ii) the transferee uses the weapon within one year after the transfer in furtherance
11.12of a felony crime of violence; or
11.13(4) violates paragraph (a), clause (1) or (3), after having been previously convicted
11.14or adjudicated delinquent for a violation of this section or section 624.7131.
11.15EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
11.16committed on or after that date.
11.17 Sec. 19. REPEALER.
11.18Minnesota Statutes 2012, sections 609.66, subdivision 1f; 624.7132, subdivision
11.1914; and 624.7141, are repealed.
1.3semiautomatic military-style assault weapons and eligibility to possess a firearm;
1.4providing criminal penalties;amending Minnesota Statutes 2012, sections
1.5624.713, subdivisions 1, 4; 624.7131, subdivisions 1, 4, 5, 7, 9, 10; 624.7132,
1.6subdivisions 1, 3, 4, 5, 6, 8, 12, 13, 15, by adding a subdivision; repealing
1.7Minnesota Statutes 2012, sections 609.66, subdivision 1f; 624.7132, subdivision
1.814; 624.7141.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2012, section 624.713, subdivision 1, is amended to read:
1.11 Subdivision 1. Ineligible persons. The following persons shall not be entitled to
1.12possess a pistol or semiautomatic military-style assault weapon or, except for clause (1),
1.13any other firearm:
1.14(1) a person under the age of 18 years except that a person under 18 may carry or
1.15possess a pistol or semiautomatic military-style assault weapon (i) in the actual presence
1.16or under the direct supervision of the person's parent or guardian, (ii) for the purpose
1.17of military drill under the auspices of a legally recognized military organization and
1.18under competent supervision, (iii) for the purpose of instruction, competition, or target
1.19practice on a firing range approved by the chief of police or county sheriff in whose
1.20jurisdiction the range is located and under direct supervision; or (iv) if the person has
1.21successfully completed a course designed to teach marksmanship and safety with a pistol
1.22or semiautomatic military-style assault weapon and approved by the commissioner of
1.23natural resources;
1.24(2) except as otherwise provided in clause (9), a person who has been convicted of,
1.25or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing,
1.26in this state or elsewhere, a crime of violence. For purposes of this section, crime of
2.1violence includes crimes in other states or jurisdictions which would have been crimes of
2.2violence as herein defined if they had been committed in this state;
2.3(3) a person who is or has ever been confined or committed in Minnesota
2.4or elsewhere
2.5developmentally disabled, or mentally ill and dangerous to the public, as defined in section
2.7not guilty by reason of mental illness, unless the person's ability to possess a firearm has
2.8been restored under subdivision 4;
2.9(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
2.10gross misdemeanor violation of chapter 152, unless three years have elapsed since the date
2.11of conviction and, during that time, the person has not been convicted of any other such
2.12violation of chapter 152 or a similar law of another state; or a person who is or has ever
2.13been hospitalized or committed
2.14use of a controlled substance or marijuana, as defined in sections
2.15unless the person's ability to possess a firearm has been restored under subdivision 4;
2.16(5) a person who is or has ever been confined or committed to a treatment facility
2.17in Minnesota or elsewhere
2.18dependent as defined in section
2.19person's ability to possess a firearm has been restored under subdivision 4. Property rights
2.20may not be abated but access may be restricted by the courts;
2.21(6) a peace officer who is informally admitted to a treatment facility pursuant to
2.22section
2.23the head of the treatment facility discharging or provisionally discharging the officer from
2.24the treatment facility. Property rights may not be abated but access may be restricted
2.25by the courts;
2.26(7) a person, including a person under the jurisdiction of the juvenile court, who
2.27has been charged with committing a crime of violence and has been placed in a pretrial
2.28diversion program by the court before disposition, until the person has completed the
2.29diversion program and the charge of committing the crime of violence has been dismissed;
2.30(8) except as otherwise provided in clause (9), a person who has been convicted in
2.31another state of committing an offense similar to the offense described in section
2.32subdivision 3
2.333
2.34person has not been convicted of any other violation of section
3.1(9) a person who has been convicted in this state or elsewhere of assaulting a family
3.2or household member and who was found by the court to have used a firearm in any way
3.3during commission of the assault is prohibited from possessing any type of firearm for the
3.4period determined by the sentencing court;
3.5(10) a person who:
3.6(i) has been convicted in any court of a crime punishable by imprisonment for a
3.7term exceeding one year;
3.8(ii) is a fugitive from justice as a result of having fled from any state to avoid
3.9prosecution for a crime or to avoid giving testimony in any criminal proceeding;
3.10(iii) is an unlawful user of any controlled substance as defined in chapter 152;
3.11(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
3.12as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
3.13the public, as defined in section
3.14(v) is an alien who is illegally or unlawfully in the United States;
3.15(vi) has been discharged from the armed forces of the United States under
3.16dishonorable conditions; or
3.17(vii) has renounced the person's citizenship having been a citizen of the United
3.18States; or
3.19(11) a person who has been convicted of the following offenses at the gross
3.20misdemeanor level, unless three years have elapsed since the date of conviction and, during
3.21that time, the person has not been convicted of any other violation of these sections: section
3.23motivated by bias);
3.24child);
3.25gun);
3.26gross misdemeanor convictions include crimes committed in other states or jurisdictions
3.27which would have been gross misdemeanors if conviction occurred in this state.
3.28A person who issues a certificate pursuant to this section in good faith is not liable
3.29for damages resulting or arising from the actions or misconduct with a firearm committed
3.30by the individual who is the subject of the certificate.
3.31The prohibition in this subdivision relating to the possession of firearms other than
3.32pistols and semiautomatic military-style assault weapons does not apply retroactively
3.33to persons who are prohibited from possessing a pistol or semiautomatic military-style
3.34assault weapon under this subdivision before August 1, 1994.
3.35The lifetime prohibition on possessing, receiving, shipping, or transporting firearms
3.36for persons convicted or adjudicated delinquent of a crime of violence in clause (2),
4.1applies only to offenders who are discharged from sentence or court supervision for a
4.2crime of violence on or after August 1, 1993.
4.3For purposes of this section, "judicial determination" means a court proceeding
4.4pursuant to sections
4.5 Sec. 2. Minnesota Statutes 2012, section 624.713, subdivision 4, is amended to read:
4.6 Subd. 4. Restoration of firearms eligibility to civilly committed person;
4.7petition authorized. (a) A person who is prohibited from possessing a firearm under
4.8subdivision 1, due to commitment
4.9
4.10disabled, mentally ill and dangerous, or chemically dependent, may petition a court to
4.11restore the person's ability to possess a firearm.
4.12(b) The court may grant the relief sought in paragraph (a) in accordance with
4.13the principles of due process if the circumstances regarding the person's disqualifying
4.14condition and the person's record and reputation are determined to be such that:
4.15(1) the person is not likely to act in a manner that is dangerous to public safety; and
4.16(2) the granting of relief would not be contrary to the public interest.
4.17(c) When determining whether a person has met the requirement of paragraph (b),
4.18clause (1), the court may consider evidence from a licensed medical doctor or clinical
4.19psychologist that the person is no longer suffering from the disease or condition that
4.20caused the disability or that the disease or condition has been successfully treated for a
4.21period of three consecutive years.
4.22(d) Review on appeal shall be de novo.
4.23 Sec. 3. Minnesota Statutes 2012, section 624.7131, subdivision 1, is amended to read:
4.24 Subdivision 1. Information. (a) Any person may apply for a transferee permit by
4.25providing the following information in writing to the chief of police of an organized full
4.26time police department of the municipality in which the person resides or to the county
4.27sheriff if there is no such local chief of police:
4.28(1) the name, residence, telephone number, and driver's license number or
4.29nonqualification certificate number, if any, of the proposed transferee;
4.30(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing
4.31physical characteristics, if any, of the proposed transferee;
4.32(3) a statement that the proposed transferee authorizes the release to the local police
4.33authority of commitment information about the proposed transferee maintained by the
4.34commissioner of human services, to the extent that the information relates to the proposed
5.1transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon
5.2under section
5.3(4) a statement by the proposed transferee that the proposed transferee is not
5.4prohibited by
5.5semiautomatic military-style assault weapon.
5.6(b) In addition to the requirements described in paragraph (a), the proposed
5.7transferee shall submit an accurate photocopy of the person's current driver's license, state
5.8identification card, or the photo page of the person's passport.
5.9(c) The statements shall be signed and dated by the person applying for a permit. At
5.10the time of application, the local police authority shall provide the applicant with a dated
5.11receipt for the application. The statement under paragraph (a), clause (3), must comply
5.12with any applicable requirements of Code of Federal Regulations, title 42, sections
5.14 Sec. 4. Minnesota Statutes 2012, section 624.7131, subdivision 4, is amended to read:
5.15 Subd. 4. Grounds for disqualification. A determination by the chief of police or
5.16sheriff that the applicant is prohibited by
5.17possessing a pistol or semiautomatic military-style assault weapon shall be the only basis
5.18for refusal to grant a transferee permit.
5.19 Sec. 5. Minnesota Statutes 2012, section 624.7131, subdivision 5, is amended to read:
5.20 Subd. 5. Granting of permits. (a) Except as provided in paragraph (b), the chief
5.21of police or sheriff shall issue a transferee permit or deny the application within seven
5.22business days of application for the permit. The chief of police or sheriff shall provide
5.23an applicant with written notification of a denial and the specific reason for the denial.
5.24The permits and their renewal shall be granted
5.25or sheriff in an amount not to exceed $25.
5.26(b) If a police chief or sheriff is unable to verify a proposed transferee's identity or
5.27criminal record within the seven-business-day requirement described in paragraph (a), the
5.28chief or sheriff may require the transferee to submit a set of classifiable fingerprints. If this
5.29occurs, the seven-business-day period described in paragraph (a) is extended to 30 days.
5.30 Sec. 6. Minnesota Statutes 2012, section 624.7131, subdivision 7, is amended to read:
5.31 Subd. 7. Permit voided. The transferee permit shall be void at the time that the
5.32holder becomes prohibited from possessing a pistol under
5.33federal law, in which event the holder shall return the permit within five days to the issuing
6.1authority. Failure of the holder to return the permit within the five days is a misdemeanor
6.2unless the court finds that the circumstances or the physical or mental condition of the
6.3permit holder prevented the holder from complying with the return requirement.
6.4 Sec. 7. Minnesota Statutes 2012, section 624.7131, subdivision 9, is amended to read:
6.5 Subd. 9. Permit to carry. A valid permit to carry issued within the 12 months
6.6immediately preceding the transfer of the firearm pursuant to section
6.7transferee permit for the purposes of this section and section
6.8 Sec. 8. Minnesota Statutes 2012, section 624.7131, subdivision 10, is amended to read:
6.9 Subd. 10. Transfer report not required. A person who transfers a pistol or
6.10semiautomatic military-style assault weapon to a person exhibiting a valid transferee
6.11permit issued pursuant to this section or a valid permit to carry issued within the 12
6.12months immediately preceding the transfer pursuant to section
6.13file a transfer report pursuant to section
6.14 Sec. 9. Minnesota Statutes 2012, section 624.7132, subdivision 1, is amended to read:
6.15 Subdivision 1. Required information. (a) Except as provided in this section
6.16and section
6.17military-style assault weapon shall report the following information in writing to the
6.18chief of police of the organized full-time police department of the municipality where the
6.19proposed transferee resides or to the appropriate county sheriff if there is no such local
6.20chief of police:
6.21(1) the name, residence, telephone number, and driver's license number or
6.22nonqualification certificate number, if any, of the proposed transferee;
6.23(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing
6.24physical characteristics, if any, of the proposed transferee;
6.25(3) a statement that the proposed transferee authorizes the release to the local police
6.26authority of commitment information about the proposed transferee maintained by the
6.27commissioner of human services, to the extent that the information relates to the proposed
6.28transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon
6.29under section
6.30(4) a statement by the proposed transferee that the transferee is not prohibited
6.31by
6.32military-style assault weapon; and
6.33(5) the address of the place of business of the transferor.
7.1(b) In addition to the requirements described in paragraph (a), the proposed
7.2transferee shall submit an accurate photocopy of the person's current driver's license, state
7.3identification card, or the photo page of the person's passport.
7.4(c) The report shall be signed and dated by the transferor and the proposed transferee.
7.5The report shall be delivered by the transferor to the chief of police or sheriff no later
7.6than three days after the date of the agreement to transfer, excluding weekends and legal
7.7holidays. The statement under paragraph (a), clause (3), must comply with any applicable
7.8requirements of Code of Federal Regulations, title 42, sections
7.9to consent to disclosure of alcohol or drug abuse patient records.
7.10 Sec. 10. Minnesota Statutes 2012, section 624.7132, subdivision 3, is amended to read:
7.11 Subd. 3. Notification. The chief of police or sheriff shall notify the transferor and
7.12proposed transferee in writing as soon as possible if the chief or sheriff determines that
7.13the proposed transferee is prohibited by
7.14possessing a pistol or semiautomatic military-style assault weapon. The notification to the
7.15transferee shall specify the grounds for the disqualification of the proposed transferee and
7.16shall set forth in detail the transferee's right of appeal under subdivision 13.
7.17 Sec. 11. Minnesota Statutes 2012, section 624.7132, subdivision 4, is amended to read:
7.18 Subd. 4. Delivery. (a) Except as otherwise provided in this subdivision or
7.19 subdivision
7.20assault weapon to a proposed transferee until
7.21the agreement to transfer is delivered to a chief of police or sheriff in accordance with
7.22subdivision 1 unless the chief of police or sheriff waives all or a portion of the
7.23 seven-business-day waiting period. The chief of police or sheriff may waive all or a
7.24portion of the
7.25sheriff finds that the transferee requires access to a pistol or semiautomatic military-style
7.26assault weapon because of a threat to the life of the transferee or of any member of the
7.27household of the transferee.
7.28(b) If a police chief or sheriff is unable to verify a proposed transferee's identity or
7.29criminal record within the seven-business-day requirement described in paragraph (a), the
7.30chief or sheriff may require the transferee to submit a set of classifiable fingerprints. If this
7.31occurs, the chief or sheriff shall notify the transferor of this in writing.
7.32(c) No person shall deliver a pistol or semiautomatic military-style assault weapon to
7.33a proposed transferee after receiving a written notification that the chief of police or sheriff
8.1has determined that the proposed transferee is prohibited by
8.2federal law from possessing a pistol or semiautomatic military-style assault weapon.
8.3(d) If the transferor makes a report of transfer and receives no written notification
8.4of disqualification of the proposed transferee and no written notification as described
8.5in paragraph (b) within
8.6transfer, the pistol or semiautomatic military-style assault weapon may be delivered to
8.7the transferee. If the transferor receives the written notification described in paragraph
8.8(b), the seven-business-day period is extended to 30 days.
8.9 Sec. 12. Minnesota Statutes 2012, section 624.7132, subdivision 5, is amended to read:
8.10 Subd. 5. Grounds for disqualification. A determination by the chief of police or
8.11sheriff that the proposed transferee is prohibited by
8.12law from possessing a pistol or semiautomatic military-style assault weapon shall be the
8.13sole basis for a notification of disqualification under this section.
8.14 Sec. 13. Minnesota Statutes 2012, section 624.7132, subdivision 6, is amended to read:
8.15 Subd. 6. Transferee permit. If a chief of police or sheriff determines that a
8.16transferee is not a person prohibited by
8.17possessing a pistol or semiautomatic military-style assault weapon, the transferee may,
8.18within 30 days after the determination, apply to that chief of police or sheriff for a
8.19transferee permit, and the permit shall be issued.
8.20 Sec. 14. Minnesota Statutes 2012, section 624.7132, is amended by adding a
8.21subdivision to read:
8.22 Subd. 7a. Transfer by or to licensed dealers only. No person shall transfer a pistol
8.23or semiautomatic military-style assault weapon unless the transferor or the transferee
8.24is a federally licensed firearms dealer. Where neither party to a prospective pistol or
8.25semiautomatic military-style assault weapon transfer is a federally licensed firearms
8.26dealer, the parties shall complete the transfer through a federally licensed firearms dealer
8.27as follows:
8.28(1) the transferor shall deliver the pistol or semiautomatic military-style assault
8.29weapon and a valid transferee permit or report of transfer to a federally licensed firearms
8.30dealer, who shall retain possession of that pistol or semiautomatic military-style assault
8.31weapon until the transaction is completed or as provided in clause (3);
9.1(2) the federally licensed dealer shall comply with this section and federal law as
9.2if the dealer had agreed to directly transfer the pistol or semiautomatic military-style
9.3assault weapon to the proposed transferee;
9.4(3) if the dealer cannot legally deliver the pistol or semiautomatic military-style
9.5assault weapon to the proposed transferee or otherwise chooses not to complete the
9.6transaction, the dealer shall conduct a background check in accordance with federal law
9.7and file a report of transfer to transfer the pistol or semiautomatic military-style assault
9.8weapon back to the original transferor. If the original transferor is prohibited by any state
9.9or federal law from possessing a pistol or semiautomatic military-style assault weapon, the
9.10dealer shall transfer the firearm to the chief of police or sheriff within 24 hours;
9.11(4) a dealer who denies transfer of a pistol or semiautomatic military-style assault
9.12weapon shall immediately report the identity of the proposed transferee and the date,
9.13time, and place of the attempted transfer to the local law enforcement agency where
9.14the dealer is located; and
9.15(5) the dealer may require the proposed transferee to pay a fee of not more than $25
9.16when assisting with a transfer under this subdivision.
9.17 Sec. 15. Minnesota Statutes 2012, section 624.7132, subdivision 8, is amended to read:
9.18 Subd. 8. Report not required. If the proposed transferee presents a valid transferee
9.19permit issued under section
9.20months immediately preceding the transfer under section
9.21not file a transfer report.
9.22 Sec. 16. Minnesota Statutes 2012, section 624.7132, subdivision 12, is amended to read:
9.23 Subd. 12. Exclusions. (a) For the purposes of this subdivision, "relative" means a
9.24parent, stepparent, child, stepchild, brother, sister, grandparent, or grandchild, by blood or
9.25marriage.
9.26
9.27not apply to
9.28
9.29court, involuntary transfers, transfers at death or the following transfers:
9.30(1) a transfer by a person
9.31who is not ineligible to possess a firearm under state or federal law;
9.32(2) a loan to a prospective transferee if the loan is intended for a period of no more
9.33than
10.1(3) the delivery of a pistol or semiautomatic military-style assault weapon to a
10.2person for the purpose of repair, reconditioning or remodeling;
10.3(4) a loan by a teacher to a student in a course designed to teach marksmanship or
10.4safety with a pistol and approved by the commissioner of natural resources;
10.5(5) a loan between persons at a firearms collectors exhibition if the loan is intended
10.6for a period of no more than 24 hours;
10.7(6) a loan between persons lawfully engaged in hunting or target shooting if the loan
10.8is intended for a period of no more than 12 hours;
10.9(7) a loan between law enforcement officers who have the power to make arrests
10.10other than citizen arrests; and
10.11(8) a loan between employees or between the employer and an employee in a
10.12business if the employee is required to carry a pistol or semiautomatic military-style assault
10.13weapon by reason of employment and is the holder of a valid permit to carry a pistol.
10.14 Sec. 17. Minnesota Statutes 2012, section 624.7132, subdivision 13, is amended to read:
10.15 Subd. 13. Appeal. A person aggrieved by the determination of a chief of police
10.16or sheriff that the person is prohibited by
10.17possessing a pistol or semiautomatic military-style assault weapon may appeal the
10.18determination as provided in this subdivision. The district court shall have jurisdiction of
10.19proceedings under this subdivision.
10.20On review pursuant to this subdivision, the court shall be limited to a determination
10.21of whether the proposed transferee is a person prohibited from possessing a pistol or
10.22semiautomatic military-style assault weapon by
10.23 Sec. 18. Minnesota Statutes 2012, section 624.7132, subdivision 15, is amended to read:
10.24 Subd. 15. Penalties. (a) Except as otherwise provided in paragraph (b), a person
10.25who does any of the following is guilty of a gross misdemeanor:
10.26(1) transfers a pistol or semiautomatic military-style assault weapon in violation
10.27of subdivisions 1 to 13;
10.28(2) transfers a pistol or semiautomatic military-style assault weapon to a person who
10.29has made a false statement in order to become a transferee, if the transferor knows or has
10.30reason to know the transferee has made the false statement;
10.31(3) knowingly becomes a transferee in violation of subdivisions 1 to 13; or
10.32(4) makes a false statement in order to become a transferee of a pistol or
10.33semiautomatic military-style assault weapon knowing or having reason to know the
10.34statement is false.
11.1(b) A person who does
11.2(1) transfers a pistol or semiautomatic military-style assault weapon to a person
11.3under the age of 18 in violation of subdivisions 1 to 13;
11.4(2) transfers a pistol or semiautomatic military-style assault weapon to a person
11.5under the age of 18 who has made a false statement in order to become a transferee, if the
11.6transferor knows or has reason to know the transferee has made the false statement;
11.7(3) transfers a pistol or a semiautomatic military-style assault weapon to another in
11.8violation of this section if:
11.9(i) the person knows or has reason to know that the transferee is prohibited under
11.10state or federal law from possessing a firearm; and
11.11(ii) the transferee uses the weapon within one year after the transfer in furtherance
11.12of a felony crime of violence; or
11.13(4) violates paragraph (a), clause (1) or (3), after having been previously convicted
11.14or adjudicated delinquent for a violation of this section or section 624.7131.
11.15EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
11.16committed on or after that date.
11.17 Sec. 19. REPEALER.
11.18Minnesota Statutes 2012, sections 609.66, subdivision 1f; 624.7132, subdivision
11.1914; and 624.7141, are repealed.
