HF 538

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to firearms; providing that a person who is 
  1.3             convicted of a felony-level crime of violence is 
  1.4             prohibited from possessing, receiving, shipping, or 
  1.5             transporting a firearm for the remainder of the 
  1.6             person's lifetime; authorizing a court to restore the 
  1.7             person's ability to do these things after the passing 
  1.8             of at least ten years; making technical changes to the 
  1.9             definition of "crime of violence"; amending Minnesota 
  1.10            Statutes 2002, sections 242.31, subdivision 2a; 
  1.11            260B.245, subdivision 1; 609.165, subdivisions 1a, 1b, 
  1.12            by adding a subdivision; 609A.03, subdivision 5a; 
  1.13            624.712, subdivision 5; 624.713, subdivisions 1, 2, 3; 
  1.14            638.02, subdivision 2. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 2002, section 242.31, 
  1.17  subdivision 2a, is amended to read: 
  1.18     Subd. 2a.  [CRIMES OF VIOLENCE; INELIGIBILITY TO POSSESS 
  1.19  FIREARMS.] The order of discharge must provide that a person who 
  1.20  has been convicted of a crime of violence, as defined in section 
  1.21  624.712, subdivision 5, is not entitled to ship, transport, 
  1.22  possess, or receive a firearm: 
  1.23     (1) for the remainder of the person's lifetime if the 
  1.24  offense was a felony-level crime; and 
  1.25     (2) until ten years have elapsed since the person was 
  1.26  restored to civil rights and during that time the person was not 
  1.27  convicted of any other crime of violence, if the offense was a 
  1.28  non-felony-level crime.  
  1.29  Any person who has received such a discharge and who thereafter 
  1.30  has received a relief of disability under United States Code, 
  2.1   title 18, section 925, shall not be subject to the restrictions 
  2.2   of this subdivision.  
  2.3      Sec. 2.  Minnesota Statutes 2002, section 260B.245, 
  2.4   subdivision 1, is amended to read: 
  2.5      Subdivision 1.  [EFFECT.] (a) No adjudication upon the 
  2.6   status of any child in the jurisdiction of the juvenile court 
  2.7   shall operate to impose any of the civil disabilities imposed by 
  2.8   conviction, nor shall any child be deemed a criminal by reason 
  2.9   of this adjudication, nor shall this adjudication be deemed a 
  2.10  conviction of crime, except as otherwise provided in this 
  2.11  section or section 260B.255.  An extended jurisdiction juvenile 
  2.12  conviction shall be treated in the same manner as an adult 
  2.13  felony criminal conviction for purposes of the sentencing 
  2.14  guidelines.  The disposition of the child or any evidence given 
  2.15  by the child in the juvenile court shall not be admissible as 
  2.16  evidence against the child in any case or proceeding in any 
  2.17  other court, except that an adjudication may later be used to 
  2.18  determine a proper sentence, nor shall the disposition or 
  2.19  evidence disqualify the child in any future civil service 
  2.20  examination, appointment, or application. 
  2.21     (b) A person who was adjudicated delinquent for, or 
  2.22  convicted as an extended jurisdiction juvenile of, a crime of 
  2.23  violence as defined in section 624.712, subdivision 5, is not 
  2.24  entitled to ship, transport, possess, or receive a firearm: 
  2.25     (1) for the remainder of the person's lifetime if the 
  2.26  offense was a felony-level crime; and 
  2.27     (2) until ten years have elapsed since the person was 
  2.28  discharged and during that time the person was not convicted of 
  2.29  any other crime of violence, if the offense was a 
  2.30  non-felony-level crime.  
  2.31  A person who has received a relief of disability under United 
  2.32  States Code, title 18, section 925, is not subject to the 
  2.33  restrictions of this subdivision.  
  2.34     Sec. 3.  Minnesota Statutes 2002, section 609.165, 
  2.35  subdivision 1a, is amended to read: 
  2.36     Subd. 1a.  [CERTAIN CONVICTED FELONS INELIGIBLE TO POSSESS 
  3.1   FIREARMS.] The order of discharge must provide that a person who 
  3.2   has been convicted of a crime of violence, as defined in section 
  3.3   624.712, subdivision 5, is not entitled to ship, transport, 
  3.4   possess, or receive a firearm: 
  3.5      (1) for the remainder of the person's lifetime if the 
  3.6   offense was a felony-level crime; and 
  3.7      (2) until ten years have elapsed since the person was 
  3.8   restored to civil rights and during that time the person was not 
  3.9   convicted of any other crime of violence, if the offense was a 
  3.10  non-felony-level crime.  
  3.11  Any person who has received such a discharge and who thereafter 
  3.12  has received a relief of disability under United States Code, 
  3.13  title 18, section 925, shall not be subject to the restrictions 
  3.14  of this subdivision.  
  3.15     Sec. 4.  Minnesota Statutes 2002, section 609.165, 
  3.16  subdivision 1b, is amended to read: 
  3.17     Subd. 1b.  [VIOLATION AND PENALTY.] (a) Any person who has 
  3.18  been convicted of a crime of violence, as defined in section 
  3.19  624.712, subdivision 5, and who ships, transports, possesses, or 
  3.20  receives a firearm: 
  3.21     (1) at any time if the offense was a felony-level crime; 
  3.22  and 
  3.23     (2) before ten years have elapsed since the person was 
  3.24  restored to civil rights, if the offense was a non-felony-level 
  3.25  crime; 
  3.26  commits a felony and may be sentenced to imprisonment for not 
  3.27  more than 15 years or to payment of a fine of not more than 
  3.28  $30,000, or both.  
  3.29     (b) Nothing in this section shall be construed to bar a 
  3.30  conviction and sentencing for a violation of section 624.713, 
  3.31  subdivision 2. 
  3.32     (c) The criminal penalty in paragraph (a) does not apply to 
  3.33  a person who has successfully petitioned a court under 
  3.34  subdivision 1d for the restoration of the person's ability to 
  3.35  ship, transport, possess, and receive a firearm.  
  3.36     Sec. 5.  Minnesota Statutes 2002, section 609.165, is 
  4.1   amended by adding a subdivision to read: 
  4.2      Subd. 1d.  [JUDICIAL RESTORATION OF ABILITY TO POSSESS A 
  4.3   FIREARM BY A FELON; CRITERIA; REPORT REQUIRED.] (a) A person 
  4.4   prohibited by state law from shipping, transporting, possessing, 
  4.5   or receiving a firearm because of a conviction or a delinquency 
  4.6   adjudication for committing a crime of violence may petition a 
  4.7   court to restore the person's ability to do these things if: 
  4.8      (1) at least ten years have elapsed since the person has 
  4.9   been restored to civil rights or the sentence or disposition 
  4.10  expired, whichever occurs first; and 
  4.11     (2) during that time the person has not been convicted of 
  4.12  or adjudicated delinquent for any other crime of violence.  
  4.13     (b) The court may grant the relief sought if the person 
  4.14  shows good cause to do so.  In determining whether good cause 
  4.15  exists, the court shall consider the severity of the underlying 
  4.16  disqualifying crime, whether the person was convicted or 
  4.17  adjudicated delinquent for it, the sentence or disposition 
  4.18  imposed for it, the age of the person when the offense was 
  4.19  committed, the length of time since the conviction or 
  4.20  adjudication, relevant criminal and noncriminal history of the 
  4.21  person both before and after the conviction or adjudication, the 
  4.22  reasons why the person is seeking the relief, the advice of the 
  4.23  prosecutorial office responsible for the conviction or 
  4.24  adjudication resulting in disqualification, if any, and any 
  4.25  other factors deemed relevant by the court. 
  4.26     (c) A person who brings a petition for relief under this 
  4.27  subdivision shall serve a copy by mail on the prosecutorial 
  4.28  office that had jurisdiction over the disqualifying offense.  
  4.29  The prosecutorial office may submit an oral or written statement 
  4.30  to the court on the advisability of granting the petition. 
  4.31     (d) Within a reasonable time after the court has ruled on a 
  4.32  petition under this subdivision, the court shall forward to the 
  4.33  state court administrator relevant information about the 
  4.34  petition including, but not limited to:  whether it was granted 
  4.35  or denied; if granted, the reasons supporting the decision; the 
  4.36  underlying crime of violence that resulted in the 
  5.1   disqualification, including how long ago it was committed and 
  5.2   the petitioner's age at the time of the offense; the race and 
  5.3   gender of the petitioner; and any other information required by 
  5.4   the state court administrator.  By January 15 of each year, the 
  5.5   state court administrator shall report a summary of the data 
  5.6   received under this paragraph to the legislature.  
  5.7      Sec. 6.  Minnesota Statutes 2002, section 609A.03, 
  5.8   subdivision 5a, is amended to read: 
  5.9      Subd. 5a.  [ORDER CONCERNING CRIMES OF VIOLENCE.] An order 
  5.10  expunging the record of a conviction for a crime of violence as 
  5.11  defined in section 624.712, subdivision 5, must provide that the 
  5.12  person is not entitled to ship, transport, possess, or receive a 
  5.13  firearm: 
  5.14     (1) for the remainder of the person's lifetime if the 
  5.15  offense was a felony-level crime; and 
  5.16     (2) until ten years have elapsed since the order was 
  5.17  entered and during that time the person was not convicted of any 
  5.18  other crime of violence, if the offense was a non-felony-level 
  5.19  crime.  
  5.20  Any person whose record of conviction is expunged under this 
  5.21  section and who thereafter receives a relief of disability under 
  5.22  United States Code, title 18, section 925, is not subject to the 
  5.23  restriction in this subdivision. 
  5.24     Sec. 7.  Minnesota Statutes 2002, section 624.712, 
  5.25  subdivision 5, is amended to read: 
  5.26     Subd. 5.  [CRIME OF VIOLENCE.] "Crime of violence" includes 
  5.27  murder in the first, second, and third degrees, manslaughter in 
  5.28  the first and second degrees, aiding suicide, aiding attempted 
  5.29  suicide, felony violations of assault in the first, second, 
  5.30  third, and fourth degrees, assaults motivated by bias under 
  5.31  section 609.2231, subdivision 4, drive-by shootings, terroristic 
  5.32  threats, use of drugs to injure or to facilitate crime, crimes 
  5.33  committed for the benefit of a gang, commission of a crime while 
  5.34  wearing or possessing a bullet-resistant vest, simple robbery, 
  5.35  aggravated robbery, kidnapping, false imprisonment, criminal 
  5.36  sexual conduct in the first, second, third, and fourth degrees, 
  6.1   theft of a firearm, felony theft involving the intentional 
  6.2   taking or driving of a motor vehicle without the consent of the 
  6.3   owner or the authorized agent of the owner, felony theft 
  6.4   involving the taking of property from a burning, abandoned, or 
  6.5   vacant building, or from an area of destruction caused by civil 
  6.6   disaster, riot, bombing, or the proximity of battle, felony 
  6.7   theft involving the theft of a controlled substance, an 
  6.8   explosive, or an incendiary device, arson in the first and 
  6.9   second degrees, riot, burglary in the first, second, third, and 
  6.10  fourth degrees, harassment and stalking, shooting at a public 
  6.11  transit vehicle or facility, reckless use of a gun or dangerous 
  6.12  weapon, intentionally pointing a gun at or towards a human 
  6.13  being, setting a spring gun, and unlawfully owning, possessing, 
  6.14  operating a machine gun or short-barreled shotgun, and an 
  6.15  attempt to commit any of these offenses, as each of those 
  6.16  offenses is defined in chapter 609.  "Crime of violence" also 
  6.17  includes felony violations of the following:  malicious 
  6.18  punishment of a child; neglect or endangerment of a child; and 
  6.19  chapter 152:  
  6.20     (1) felony violations of the following:  sections 609.185 
  6.21  (murder in the first degree); 609.19 (murder in the second 
  6.22  degree); 609.195 (murder in the third degree); 609.20 
  6.23  (manslaughter in the first degree); 609.205 (manslaughter in the 
  6.24  second degree); 609.215 (aiding suicide and aiding attempted 
  6.25  suicide); 609.221 (assault in the first degree); 609.222 
  6.26  (assault in the second degree); 609.223 (assault in the third 
  6.27  degree); 609.2231 (assault in the fourth degree); 609.2231, 
  6.28  subdivision 4 (assaults motivated by bias); 609.66, subdivision 
  6.29  1e (drive-by shooting); 609.713 (terroristic threats); 609.235 
  6.30  (use of drugs to injure or facilitate crime); 609.486 
  6.31  (commission of crime while wearing or possessing a 
  6.32  bullet-resistant vest); 609.24 (simple robbery); 609.245 
  6.33  (aggravated robbery); 609.25 (kidnapping); 609.255 (false 
  6.34  imprisonment); 609.342 (criminal sexual conduct in the first 
  6.35  degree); 609.343 (criminal sexual conduct in the second degree); 
  6.36  609.344 (criminal sexual conduct in the third degree); 609.345 
  7.1   (criminal sexual conduct in the fourth degree); 609.52 (theft 
  7.2   involving the theft of a firearm; theft involving the 
  7.3   intentional taking or driving of a motor vehicle without the 
  7.4   consent of the owner or the authorized agent of the owner; theft 
  7.5   involving the taking of property from a burning, abandoned, or 
  7.6   vacant building, or from an area of destruction caused by civil 
  7.7   disaster, riot, bombing, or the proximity of battle; and theft 
  7.8   involving the theft of a controlled substance, an explosive, or 
  7.9   an incendiary device); 609.561 (arson in the first degree); 
  7.10  609.562 (arson in the second degree); 609.71 (riot); 609.582 
  7.11  (burglary in the first through fourth degrees); 609.855, 
  7.12  subdivision 5 (shooting at a public transit vehicle or 
  7.13  facility); 609.67 (unlawfully owning, possessing, or operating a 
  7.14  machine gun or short-barreled shotgun); 609.377 (malicious 
  7.15  punishment of a child); 609.378 (neglect or endangerment of a 
  7.16  child); and chapter 152 (drugs, controlled substances); and an 
  7.17  attempt to commit any of these offenses; and 
  7.18     (2) regardless of the penalty level, violations of:  
  7.19  sections 609.229 (crimes committed for the benefit of a gang); 
  7.20  609.2231, subdivision 4 (assaults motivated by bias); 609.66, 
  7.21  subdivision 1 (crimes involving the reckless use of a gun or 
  7.22  dangerous weapon or intentionally pointing a gun at or towards a 
  7.23  human being); 609.665 (setting a spring gun); and 609.749 
  7.24  (harassment and stalking).  
  7.25     Sec. 8.  Minnesota Statutes 2002, section 624.713, 
  7.26  subdivision 1, is amended to read: 
  7.27     Subdivision 1.  [INELIGIBLE PERSONS.] The following persons 
  7.28  shall not be entitled to possess a pistol or semiautomatic 
  7.29  military-style assault weapon or, except for clause (a), any 
  7.30  other firearm: 
  7.31     (a) a person under the age of 18 years except that a person 
  7.32  under 18 may carry or possess a pistol or semiautomatic 
  7.33  military-style assault weapon (i) in the actual presence or 
  7.34  under the direct supervision of the person's parent or guardian, 
  7.35  (ii) for the purpose of military drill under the auspices of a 
  7.36  legally recognized military organization and under competent 
  8.1   supervision, (iii) for the purpose of instruction, competition, 
  8.2   or target practice on a firing range approved by the chief of 
  8.3   police or county sheriff in whose jurisdiction the range is 
  8.4   located and under direct supervision; or (iv) if the person has 
  8.5   successfully completed a course designed to teach marksmanship 
  8.6   and safety with a pistol or semiautomatic military-style assault 
  8.7   weapon and approved by the commissioner of natural resources; 
  8.8      (b) except as otherwise provided in clause (i), a person 
  8.9   who has been convicted of, or adjudicated delinquent or 
  8.10  convicted as an extended jurisdiction juvenile for committing, 
  8.11  in this state or elsewhere, a crime of violence:  
  8.12     (1) at any time if the offense was a felony-level crime; 
  8.13  and 
  8.14     (2) unless ten years have elapsed since the person has been 
  8.15  restored to civil rights or the sentence or disposition has 
  8.16  expired, whichever occurs first, and during that time the person 
  8.17  has not been convicted of or adjudicated for any other crime of 
  8.18  violence, if the offense was a non-felony-level crime.  
  8.19  For purposes of this section, crime of violence includes crimes 
  8.20  in other states or jurisdictions which would have been crimes of 
  8.21  violence as herein defined if they had been committed in this 
  8.22  state; 
  8.23     (c) a person who is or has ever been confined in Minnesota 
  8.24  or elsewhere as a person who is mentally ill, mentally retarded, 
  8.25  or mentally ill and dangerous to the public, as defined in 
  8.26  section 253B.02, to a treatment facility, or who has ever been 
  8.27  found incompetent to stand trial or not guilty by reason of 
  8.28  mental illness, unless the person possesses a certificate of a 
  8.29  medical doctor or psychiatrist licensed in Minnesota, or other 
  8.30  satisfactory proof that the person is no longer suffering from 
  8.31  this disability; 
  8.32     (d) a person who has been convicted in Minnesota or 
  8.33  elsewhere of a misdemeanor or gross misdemeanor violation of 
  8.34  chapter 152, or a person who is or has ever been hospitalized or 
  8.35  committed for treatment for the habitual use of a controlled 
  8.36  substance or marijuana, as defined in sections 152.01 and 
  9.1   152.02, unless the person possesses a certificate of a medical 
  9.2   doctor or psychiatrist licensed in Minnesota, or other 
  9.3   satisfactory proof, that the person has not abused a controlled 
  9.4   substance or marijuana during the previous two years; 
  9.5      (e) a person who has been confined or committed to a 
  9.6   treatment facility in Minnesota or elsewhere as chemically 
  9.7   dependent as defined in section 253B.02, unless the person has 
  9.8   completed treatment.  Property rights may not be abated but 
  9.9   access may be restricted by the courts; 
  9.10     (f) a peace officer who is informally admitted to a 
  9.11  treatment facility pursuant to section 253B.04 for chemical 
  9.12  dependency, unless the officer possesses a certificate from the 
  9.13  head of the treatment facility discharging or provisionally 
  9.14  discharging the officer from the treatment facility.  Property 
  9.15  rights may not be abated but access may be restricted by the 
  9.16  courts; 
  9.17     (g) a person, including a person under the jurisdiction of 
  9.18  the juvenile court, who has been charged with committing a crime 
  9.19  of violence and has been placed in a pretrial diversion program 
  9.20  by the court before disposition, until the person has completed 
  9.21  the diversion program and the charge of committing the crime of 
  9.22  violence has been dismissed; 
  9.23     (h) except as otherwise provided in clause (i), a person 
  9.24  who has been convicted in another state of committing an offense 
  9.25  similar to the offense described in section 609.224, subdivision 
  9.26  3, against a family or household member or section 609.2242, 
  9.27  subdivision 3, unless three years have elapsed since the date of 
  9.28  conviction and, during that time, the person has not been 
  9.29  convicted of any other violation of section 609.224, subdivision 
  9.30  3, or 609.2242, subdivision 3, or a similar law of another 
  9.31  state; 
  9.32     (i) a person who has been convicted in this state or 
  9.33  elsewhere of assaulting a family or household member and who was 
  9.34  found by the court to have used a firearm in any way during 
  9.35  commission of the assault is prohibited from possessing any type 
  9.36  of firearm for the period determined by the sentencing court; or 
 10.1      (j) a person who: 
 10.2      (1) has been convicted in any court of a crime punishable 
 10.3   by imprisonment for a term exceeding one year; 
 10.4      (2) is a fugitive from justice as a result of having fled 
 10.5   from any state to avoid prosecution for a crime or to avoid 
 10.6   giving testimony in any criminal proceeding; 
 10.7      (3) is an unlawful user of any controlled substance as 
 10.8   defined in chapter 152; 
 10.9      (4) has been judicially committed to a treatment facility 
 10.10  in Minnesota or elsewhere as a person who is mentally ill, 
 10.11  mentally retarded, or mentally ill and dangerous to the public, 
 10.12  as defined in section 253B.02; 
 10.13     (5) is an alien who is illegally or unlawfully in the 
 10.14  United States; 
 10.15     (6) has been discharged from the armed forces of the United 
 10.16  States under dishonorable conditions; or 
 10.17     (7) has renounced the person's citizenship having been a 
 10.18  citizen of the United States. 
 10.19     A person who issues a certificate pursuant to this 
 10.20  subdivision in good faith is not liable for damages resulting or 
 10.21  arising from the actions or misconduct with a firearm committed 
 10.22  by the individual who is the subject of the certificate. 
 10.23     The prohibition in this subdivision relating to the 
 10.24  possession of firearms other than pistols and semiautomatic 
 10.25  military-style assault weapons does not apply retroactively to 
 10.26  persons who are prohibited from possessing a pistol or 
 10.27  semiautomatic military-style assault weapon under this 
 10.28  subdivision before August 1, 1994. 
 10.29     The lifetime prohibition on possessing, receiving, 
 10.30  shipping, or transporting firearms for persons convicted or 
 10.31  adjudicated delinquent of a crime of violence in paragraph (b) 
 10.32  applies only to offenders who commit such crimes on or after 
 10.33  August 1, 2003.  
 10.34     Sec. 9.  Minnesota Statutes 2002, section 624.713, 
 10.35  subdivision 2, is amended to read: 
 10.36     Subd. 2.  [PENALTIES.] (a) A person named in subdivision 1, 
 11.1   clause (a), who possesses a pistol or semiautomatic 
 11.2   military-style assault weapon is guilty of a felony and may be 
 11.3   sentenced to imprisonment for not more than five years or to 
 11.4   payment of a fine of not more than $10,000, or both.  
 11.5      (b) A person named in subdivision 1, clause (b), who 
 11.6   possesses any type of firearm is guilty of a felony and may be 
 11.7   sentenced to imprisonment for not more than 15 years or to 
 11.8   payment of a fine of not more than $30,000, or both.  However, 
 11.9   this criminal penalty does not apply to a person who has 
 11.10  successfully petitioned a court under section 609.165, 
 11.11  subdivision 1d, for the restoration of the person's ability to 
 11.12  possess a firearm.  
 11.13     (c) A person named in any other clause of subdivision 1 who 
 11.14  possesses any type of firearm is guilty of a gross misdemeanor.  
 11.15     Sec. 10.  Minnesota Statutes 2002, section 624.713, 
 11.16  subdivision 3, is amended to read: 
 11.17     Subd. 3.  [NOTICE.] (a) When a person is convicted of, or 
 11.18  adjudicated delinquent or convicted as an extended jurisdiction 
 11.19  juvenile for committing, a crime of violence as defined in 
 11.20  section 624.712, subdivision 5, the court shall inform the 
 11.21  defendant that the defendant is prohibited from possessing a 
 11.22  pistol or semiautomatic military-style assault weapon:  
 11.23     (1) for the remainder of the person's lifetime if the 
 11.24  offense is a felony-level crime; and 
 11.25     (2) for a period of ten years after the person was restored 
 11.26  to civil rights or since the sentence or disposition has 
 11.27  expired, whichever occurs first, if the offense is a 
 11.28  non-felony-level crime; 
 11.29  and that it is a felony offense to violate this prohibition.  
 11.30  The failure of the court to provide this information to a 
 11.31  defendant does not affect the applicability of the pistol or 
 11.32  semiautomatic military-style assault weapon possession 
 11.33  prohibition or the felony penalty to that defendant. 
 11.34     (b) When a person, including a person under the 
 11.35  jurisdiction of the juvenile court, is charged with committing a 
 11.36  crime of violence and is placed in a pretrial diversion program 
 12.1   by the court before disposition, the court shall inform the 
 12.2   defendant that:  (1) the defendant is prohibited from possessing 
 12.3   a pistol or semiautomatic military-style assault weapon until 
 12.4   the person has completed the diversion program and the charge of 
 12.5   committing a crime of violence has been dismissed; (2) it is a 
 12.6   gross misdemeanor offense to violate this prohibition; and (3) 
 12.7   if the defendant violates this condition of participation in the 
 12.8   diversion program, the charge of committing a crime of violence 
 12.9   may be prosecuted.  The failure of the court to provide this 
 12.10  information to a defendant does not affect the applicability of 
 12.11  the pistol or semiautomatic military-style assault weapon 
 12.12  possession prohibition or the gross misdemeanor penalty to that 
 12.13  defendant. 
 12.14     Sec. 11.  Minnesota Statutes 2002, section 638.02, 
 12.15  subdivision 2, is amended to read: 
 12.16     Subd. 2.  Any person, convicted of a crime in any court of 
 12.17  this state, who has served the sentence imposed by the court and 
 12.18  has been discharged of the sentence either by order of court or 
 12.19  by operation of law, may petition the board of pardons for the 
 12.20  granting of a pardon extraordinary.  Unless the board of pardons 
 12.21  expressly provides otherwise in writing by unanimous vote, the 
 12.22  application for a pardon extraordinary may not be filed until 
 12.23  the applicable time period in clause (1) or (2) has elapsed: 
 12.24     (1) if the person was convicted of a crime of violence as 
 12.25  defined in section 624.712, subdivision 5, ten years must have 
 12.26  elapsed since the sentence was discharged and during that time 
 12.27  the person must not have been convicted of any other crime; and 
 12.28     (2) if the person was convicted of any crime not included 
 12.29  within the definition of crime of violence under section 
 12.30  624.712, subdivision 5, five years must have elapsed since the 
 12.31  sentence was discharged and during that time the person must not 
 12.32  have been convicted of any other crime.  
 12.33  If the board of pardons determines that the person is of good 
 12.34  character and reputation, the board may, in its discretion, 
 12.35  grant the person a pardon extraordinary.  The pardon 
 12.36  extraordinary, when granted, has the effect of setting aside and 
 13.1   nullifying the conviction and of purging the person of it, and 
 13.2   the person shall never after that be required to disclose the 
 13.3   conviction at any time or place other than in a judicial 
 13.4   proceeding or as part of the licensing process for peace 
 13.5   officers. 
 13.6      The application for a pardon extraordinary, the proceedings 
 13.7   to review an application, and the notice requirements are 
 13.8   governed by the statutes and the rules of the board in respect 
 13.9   to other proceedings before the board.  The application shall 
 13.10  contain any further information that the board may require.  
 13.11     Unless the board of pardons expressly provides otherwise in 
 13.12  writing by unanimous vote, if the person was convicted of a 
 13.13  crime of violence, as defined in section 624.712, subdivision 5, 
 13.14  the pardon extraordinary must expressly provide that the pardon 
 13.15  does not entitle the person to ship, transport, possess, or 
 13.16  receive a firearm: 
 13.17     (1) at any time if the offense is a felony-level crime; and 
 13.18     (2) until ten years have elapsed since the sentence was 
 13.19  discharged and during that time the person was not convicted of 
 13.20  any other crime of violence, if the offense is for a 
 13.21  non-felony-level crime. 
 13.22     Sec. 12.  [EFFECTIVE DATE.] 
 13.23     Sections 1 to 11 are effective August 1, 2003.  The 
 13.24  provisions of sections 1 to 11 that impose a lifetime 
 13.25  prohibition on possessing, receiving, shipping, or transporting 
 13.26  firearms apply to persons who commit felony-level crimes of 
 13.27  violence on or after that date.