HF 953

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

A bill for an act
relating to public safety; modifying provisions related to the transfer of pistols
or semiautomatic military-style assault weapons; amending Minnesota Statutes
2008, sections 624.7131, subdivisions 1, 4, 5, 7; 624.7132, subdivisions 1, 3,
4, 5, 6, 8, 12, 13, by adding subdivisions; repealing Minnesota Statutes 2008,
sections 624.7131, subdivisions 9, 10; 624.7132, subdivisions 10, 14.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 624.7131, subdivision 1, is amended to
read:

Subdivision 1.

Information.

Any person may apply for a transferee permit by
providing the following information in writing to the chief of police of an organized full
time police department of the municipality in which the person resides or to the county
sheriff if there is no such local chief of police:

(1) the name, residence, telephone number, and driver's license number or
nonqualification certificate number, if any, of the proposed transferee;

(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing
physical characteristics, if any, of the proposed transferee;

(3) a statement that the proposed transferee authorizes the release to the local police
authority of commitment information about the proposed transferee maintained by the
commissioner of human services, to the extent that the information relates to the proposed
transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon
under section 624.713, subdivision 1; and

(4) a statement by the proposed transferee that the proposed transferee is not
prohibited by deleted text begin section 624.713 deleted text end new text begin any state or federal law new text end from possessing a pistol or
semiautomatic military-style assault weapon.

The statements shall be signed and dated by the person applying for a permit. At
the time of application, the local police authority shall provide the applicant with a
dated receipt for the application. The statement under clause (3) must comply with any
applicable requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35,
with respect to consent to disclosure of alcohol or drug abuse patient records.

Sec. 2.

Minnesota Statutes 2008, section 624.7131, subdivision 4, is amended to read:

Subd. 4.

Grounds for disqualification.

A determination by the chief of police or
sheriff that the applicant is prohibited by deleted text begin section 624.713 deleted text end new text begin any state or federal law new text end from
possessing a pistol or semiautomatic military-style assault weapon shall be the only basis
for refusal to grant a transferee permit.

Sec. 3.

Minnesota Statutes 2008, section 624.7131, subdivision 5, is amended to read:

Subd. 5.

Granting of permits.

The chief of police or sheriff shall issue a transferee
permit or deny the application within seven days of application for the permit. The chief
of police or sheriff shall provide an applicant with written notification of a denial and the
specific reason for the denial. The permits and their renewal shall be granted deleted text begin free of
charge deleted text end new text begin for a fee not to exceed $5 above the expenses incurred by the chief of police or
sheriff for processing the transferee permit application new text end .

Sec. 4.

Minnesota Statutes 2008, section 624.7131, subdivision 7, is amended to read:

Subd. 7.

Permit voided.

The transferee permit shall be void at the time that the
holder becomes prohibited from possessing a pistol under deleted text begin section 624.713 deleted text end new text begin any state or
federal law new text end , in which event the holder shall return the permit within five days to the issuing
authority. Failure of the holder to return the permit within the five days is a misdemeanor
unless the court finds that the circumstances or the physical or mental condition of the
permit holder prevented the holder from complying with the return requirement.

Sec. 5.

Minnesota Statutes 2008, section 624.7132, subdivision 1, is amended to read:

Subdivision 1.

Required information.

deleted text begin Except as provided in this section and
section 624.7131, deleted text end Every person who agrees to transfer a pistol or semiautomatic
military-style assault weapon shall report the following information in writing to the
chief of police of the organized full-time police department of the municipality where the
proposed transferee resides or to the appropriate county sheriff if there is no such local
chief of police:

(1) the name, residence, telephone number, and driver's license number or
nonqualification certificate number, if any, of the proposed transferee;

(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing
physical characteristics, if any, of the proposed transferee;

(3) a statement that the proposed transferee authorizes the release to the local police
authority of commitment information about the proposed transferee maintained by the
commissioner of human services, to the extent that the information relates to the proposed
transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon
under section 624.713, subdivision 1;

(4) a statement by the proposed transferee that the transferee is not prohibited
by deleted text begin section 624.713 deleted text end new text begin any state or federal law new text end from possessing a pistol or semiautomatic
military-style assault weapon; and

(5) the address of the place of business of the transferor.

The report shall be signed and dated by the transferor and the proposed transferee.
The report shall be delivered by the transferor to the chief of police or sheriff no later
than three days after the date of the agreement to transfer, excluding weekends and legal
holidays. The statement under clause (3) must comply with any applicable requirements
of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect to consent to
disclosure of alcohol or drug abuse patient records.

Sec. 6.

Minnesota Statutes 2008, section 624.7132, subdivision 3, is amended to read:

Subd. 3.

Notification.

The chief of police or sheriff shall notify the transferor and
proposed transferee in writing as soon as possible if the chief or sheriff determines that
the proposed transferee is prohibited by deleted text begin section 624.713 deleted text end new text begin any state or federal law new text end from
possessing a pistol or semiautomatic military-style assault weapon. The notification to the
transferee shall specify the grounds for the disqualification of the proposed transferee and
shall set forth in detail the transferee's right of appeal under subdivision 13.

Sec. 7.

Minnesota Statutes 2008, section 624.7132, subdivision 4, is amended to read:

Subd. 4.

Delivery.

Except as otherwise provided in subdivision deleted text begin 7 or deleted text end 8, no person
shall deliver a pistol or semiautomatic military-style assault weapon to a proposed
transferee until deleted text begin five deleted text end new text begin seven new text end business days after the date the agreement to transfer is
delivered to a chief of police or sheriff in accordance with subdivision 1 unless the chief
of police or sheriff waives all or a portion of the seven day waiting period. The chief of
police or sheriff may waive all or a portion of the deleted text begin five deleted text end new text begin seven new text end business day waiting period
in writing if the chief of police or sheriff finds that the transferee requires access to a
pistol or semiautomatic military-style assault weapon because of a threat to the life of the
transferee or of any member of the household of the transferee.

No person shall deliver a pistol or semiautomatic military-style assault weapon to a
proposed transferee after receiving a written notification that the chief of police or sheriff
has determined that the proposed transferee is prohibited by deleted text begin section 624.713 deleted text end new text begin any state or
federal law new text end from possessing a pistol or semiautomatic military-style assault weapon.

If the transferor makes a report of transfer and receives no written notification of
disqualification of the proposed transferee within deleted text begin five deleted text end new text begin seven new text end business days after delivery
of the agreement to transfer, the pistol or semiautomatic military-style assault weapon
may be delivered to the transferee.

Sec. 8.

Minnesota Statutes 2008, section 624.7132, subdivision 5, is amended to read:

Subd. 5.

Grounds for disqualification.

A determination by the chief of police or
sheriff that the proposed transferee is prohibited by deleted text begin section 624.713 deleted text end new text begin any state or federal
law new text end from possessing a pistol or semiautomatic military-style assault weapon shall be the
sole basis for a notification of disqualification under this section.

Sec. 9.

Minnesota Statutes 2008, section 624.7132, subdivision 6, is amended to read:

Subd. 6.

Transferee permit.

If a chief of police or sheriff determines that a
transferee is not a person prohibited by deleted text begin section 624.713 deleted text end new text begin any state or federal law new text end from
possessing a pistol or semiautomatic military-style assault weapon, the transferee may,
within 30 days after the determination, apply to that chief of police or sheriff for a
transferee permit, and the permit shall be issued.

Sec. 10.

Minnesota Statutes 2008, section 624.7132, is amended by adding a
subdivision to read:

new text begin Subd. 7a. new text end

new text begin Transfer by or to licensed dealers only. new text end

new text begin (a) No person shall transfer
a pistol or semiautomatic military-style assault weapon unless the transferor or the
transferee is a federally licensed firearms dealer. Where neither party to a prospective
pistol or semiautomatic military-style assault weapon transfer is a federally licensed
firearms dealer, the parties shall complete the transfer through a federally licensed firearms
dealer as follows:
new text end

new text begin (1) the transferor shall deliver the pistol or semiautomatic military-style assault
weapon and a valid transferee permit or report of transfer to a federally licensed firearms
dealer, who shall retain possession of that pistol or semiautomatic military-style assault
weapon until the transaction is completed or as provided in clause (3);
new text end

new text begin (2) the federally licensed dealer shall comply with this section and federal law as
if the dealer had agreed to directly transfer the pistol or semiautomatic military-style
assault weapon to the proposed transferee;
new text end

new text begin (3) if the dealer cannot legally deliver the pistol or semiautomatic military-style
assault weapon to the proposed transferee or otherwise chooses not to complete the
transaction, the dealer shall conduct a background check in accordance with federal law
and file a report of transfer to transfer the pistol or semiautomatic military-style assault
weapon back to the original transferor. If the original transferor is prohibited by any state
or federal law from possessing a pistol or semiautomatic military-style assault weapon, the
dealer shall transfer the firearm to the chief of police or sheriff within 24 hours;
new text end

new text begin (4) a dealer who denies transfer of a pistol or semiautomatic military-style assault
weapon shall immediately report the identity of the proposed transferee, and the date,
time, and place of the attempted transfer to the local law enforcement agency where
the dealer is located; and
new text end

new text begin (5) the dealer may require the proposed transferee to pay a fee not to exceed $5
above the expenses incurred by the dealer.
new text end

new text begin (b) No person may transfer a firearm at a firearms collectors' exhibition unless
the person is a federally licensed firearms dealer or the transfer is conducted through a
federally licensed firearms dealer and a National Instant Criminal Background Check is
conducted on the transferee. A federally licensed firearms dealer may charge a fee not
to exceed $5 above the expenses incurred by the dealer when assisting with a transfer
under this paragraph.
new text end

new text begin (c) All transfers of a pistol or semiautomatic military-style assault weapon at a
firearms collectors' exhibition must comply with this section.
new text end

new text begin (d) As used in paragraphs (b) and (c), a "firearms collectors' exhibition" means
any event at which:
new text end

new text begin (1) 50 or more firearms are offered or exhibited for transfer; and
new text end

new text begin (2) two or more persons are offering or exhibiting one or more firearms for transfer.
new text end

Sec. 11.

Minnesota Statutes 2008, section 624.7132, subdivision 8, is amended to read:

Subd. 8.

Report not required.

If the proposed transferee presents a valid transferee
permit issued under section 624.7131 deleted text begin or a valid permit to carry issued under section
624.714 deleted text end , the transferor need not file a transfer report.

Sec. 12.

Minnesota Statutes 2008, section 624.7132, is amended by adding a
subdivision to read:

new text begin Subd. 10a. new text end

new text begin Record keeping. new text end

new text begin All reports of transfer shall be maintained in a manner,
as determined by the Department of Public Safety, that facilitates efficient crime gun
tracing and ensures that the records are available for all lawful purposes, including being
available to federal, state, and local law enforcement agencies for purposes of civil or
criminal law enforcement investigations.
new text end

Sec. 13.

Minnesota Statutes 2008, section 624.7132, subdivision 12, is amended to
read:

Subd. 12.

Exclusions.

Except as otherwise provided in section 609.66, subdivision
1f, this section shall not apply to deleted text begin transfers of antique firearms as curiosities or for their
historical significance or value, deleted text end transfers to or between federally licensed firearms dealers,
transfers by order of court, involuntary transfers, transfers at death or the following
transfers:

(1) deleted text begin a deleted text end transfer by a person deleted text begin other than a federally licensed firearms dealer deleted text end new text begin to a relative.
For the purposes of this clause, "relative" means a parent, step parent, child, step child,
brother, sister, grandparent, or grandchild, by blood or marriage. The transferee may not
be an ineligible person as defined by any state or federal law new text end ;

(2) a loan to a prospective transferee if the loan is intended for a period of no more
than deleted text begin one day deleted text end new text begin 24 hours new text end ;

(3) the delivery of a pistol or semiautomatic military-style assault weapon to a
person for the purpose of repair, reconditioning or remodeling;

(4) a loan by a teacher to a student in a course designed to teach marksmanship or
safety with a pistol and approved by the commissioner of natural resources;

(5) a loan between persons at a firearms collectors exhibition new text begin if the loan is intended
for a period of no more than 24 hours new text end ;

(6) a loan between persons lawfully engaged in hunting or target shooting if the loan
is intended for a period of no more than 12 hours;

(7) a loan between law enforcement officers who have the power to make arrests
other than citizen arrests; and

(8) a loan between employees or between the employer and an employee in a
business if the employee is required to carry a pistol or semiautomatic military-style assault
weapon by reason of employment and is the holder of a valid permit to carry a pistol.

Sec. 14.

Minnesota Statutes 2008, section 624.7132, subdivision 13, is amended to
read:

Subd. 13.

Appeal.

A person aggrieved by the determination of a chief of police
or sheriff that the person is prohibited by deleted text begin section 624.713 deleted text end new text begin any state or federal law new text end from
possessing a pistol or semiautomatic military-style assault weapon may appeal the
determination as provided in this subdivision. The district court shall have jurisdiction of
proceedings under this subdivision.

On review pursuant to this subdivision, the court shall be limited to a determination
of whether the proposed transferee is a person prohibited from possessing a pistol or
semiautomatic military-style assault weapon by deleted text begin section 624.713 deleted text end new text begin any state or federal law new text end .

Sec. 15. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 624.7131, subdivisions 9 and 10; and 624.7132,
subdivisions 10 and 14, new text end new text begin are repealed.
new text end