HF 1274

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to game and fish; providing for a provisional 
  1.3             firearms safety certificate for certain persons with 
  1.4             mental disabilities; allowing certain persons with 
  1.5             mental disabilities to hunt with firearms when 
  1.6             assisted; amending Minnesota Statutes 1998, section 
  1.7             97B.015, by adding a subdivision; proposing coding for 
  1.8             new law in Minnesota Statutes, chapter 97B. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 97B.015, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 6.  [PROVISIONAL CERTIFICATE FOR PERSONS WITH MENTAL 
  1.13  DISABILITIES.] Upon the recommendation of a course instructor, 
  1.14  the commissioner may issue a provisional firearms safety 
  1.15  certificate to a person who satisfactorily completes the 
  1.16  classroom portion of the firearms safety course but is unable to 
  1.17  pass the written or an alternate format exam portion of the 
  1.18  course because of a mental disability.  The certificate is valid 
  1.19  only when used according to section 97B.1055. 
  1.20     Sec. 2.  [97B.1055] [HUNTING BY MENTALLY DISABLED.] 
  1.21     Subdivision 1.  [OBTAINING A LICENSE.] Notwithstanding 
  1.22  section 97B.020, a person with a mental disability may obtain a 
  1.23  firearms hunting license with a provisional firearms safety 
  1.24  certificate issued under section 97B.015, subdivision 6. 
  1.25     Subd. 2.  [ASSISTANCE REQUIRED.] A person who obtains a 
  1.26  firearms hunting license under subdivision 1 must be accompanied 
  1.27  and assisted by a parent, guardian, or other adult person 
  2.1   designated by a parent or guardian when hunting.  A person who 
  2.2   is not hunting but is solely accompanying and assisting a person 
  2.3   with a mental disability need not obtain a hunting license. 
  2.4      Subd. 3.  [PROHIBITED ACTIVITIES.] (a) This section does 
  2.5   not entitle a person to possess a firearm if the person is 
  2.6   otherwise prohibited from possessing a firearm under state or 
  2.7   federal law or a court order. 
  2.8      (b) No person shall knowingly authorize or permit a person, 
  2.9   who by reason of any mental disability is incapable of safely 
  2.10  possessing a firearm, to possess a firearm to hunt in the state 
  2.11  or on any boundary water of the state.