HF 2705

as introduced - 92nd Legislature (2021 - 2022) Posted on 01/31/2022 10:36am

A bill for an act
relating to firearm safety; exempting secure firearm storage units from sales tax;
establishing criminal penalties for owners of firearms illegally used or possessed
by another; establishing a crime for manufacturing, transferring, or possessing
large-capacity magazines; limiting firearm ownership to individuals over 21 years
of age or are 18 years of age and meet certain requirements; providing for the
registration of semiautomatic military-style assault weapons; requiring the reporting
of stolen or lost firearms; classifying data; amending Minnesota Statutes 2020,
sections 297A.67, by adding a subdivision; 609.666, subdivision 1, by adding a
subdivision; 624.712, by adding a subdivision; 624.713, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 624.

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

Section 1. new text begin TITLE.
new text end

new text begin This act may be referred to as the "Firearm Safety Act."
new text end

Sec. 2.

Minnesota Statutes 2020, section 297A.67, is amended by adding a subdivision to
read:

new text begin Subd. 39. new text end

new text begin Firearm storage units. new text end

new text begin Secure firearm storage units are exempt. For the
purposes of this subdivision, "secure firearm storage units" means a container that is fully
enclosed and locked by a padlock, keylock, combination lock, or similar locking device
and is either specifically designed for the safe storage of firearms or sold for that purpose
by a federally licensed firearms dealer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for sales and purchases made after June
30, 2022.
new text end

Sec. 3.

Minnesota Statutes 2020, section 609.666, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section, the following words have the
meanings given.

(a) "Firearm" means a device designed to be used as a weapon, from which is expelled
a projectile by the force of any explosion or force of combustion.

(b) "Child" means a person under the age of 18 years.

(c) "Loaded" means the firearm has ammunition in the chamber or magazine, if the
magazine is in the firearm, unless the firearm is incapable of being fired by a child who is
likely to gain access to the firearm.

new text begin (d) "Authorized user" means a person who is eligible to possess or purchase a firearm
pursuant to federal or state law and has permission to possess a firearm from the owner of
the firearm.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2020, section 609.666, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Owner; liability for unlawful use or possession. new text end

new text begin (a) The owner of a firearm,
other than an antique firearm as defined in section 624.712, subdivision 3, is guilty of a
gross misdemeanor if, regardless of the knowledge of the owner:
new text end

new text begin (1) the firearm is used in the commission of a crime by a person other than the owner;
new text end

new text begin (2) the firearm is found in the possession of a person who is ineligible to possess a
firearm under state or federal law; or
new text end

new text begin (3) the firearm is found in the possession of a person other than the owner in a place
where possession of a firearm is prohibited.
new text end

new text begin (b) Paragraph (a) does not apply if:
new text end

new text begin (1) the owner reported that the firearm was lost or stolen to the chief of police of an
organized full-time police department of the municipality where the person resides or the
firearm was lost or stolen or to the county sheriff if there is no local chief of police where
the person resides or the firearm was lost or stolen;
new text end

new text begin (2) the owner was not reasonably able to report that the firearm was stolen because the
owner was a victim of a crime in which the firearm was used; or
new text end

new text begin (3) the firearm was stolen from the owner's person and the owner was not reasonably
able to report the theft before the violation occurred.
new text end

new text begin (c) If proven by a preponderance of the evidence, it is an affirmative defense to a violation
of paragraph (a) that the firearm was secured in a locked container accessible only by the
owner or other authorized user.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2020, section 624.712, is amended by adding a subdivision to
read:

new text begin Subd. 13. new text end

new text begin Large-capacity magazine. new text end

new text begin "Large-capacity magazine" means any ammunition
feeding device with the capacity to accept more than ten rounds, or any conversion kit, part,
or combination of parts, from which this type of device can be assembled if those parts are
in the possession or under the control of the same person. The term does not include any of
the following:
new text end

new text begin (1) a feeding device that has been permanently altered so that it cannot accommodate
more than ten rounds;
new text end

new text begin (2) a .22 caliber tube ammunition feeding device; or
new text end

new text begin (3) a tubular magazine that is contained in a lever-action firearm.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2020, section 624.713, subdivision 1, is amended to read:

Subdivision 1.

Ineligible persons.

The following persons shall not be entitled to possess
ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause
(1), any other firearm:

(1) a person under the age of deleted text begin 18 deleted text end new text begin 21 new text end years except that a person under deleted text begin 18 deleted text end new text begin 21 new text end may possess
ammunition designed for use in a firearm that the person may lawfully possess and may
carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual
presence or under the direct supervision of the person's parent or guardian, (ii) for the
purpose of military drill under the auspices of a legally recognized military organization
and under competent supervision, (iii) for the purpose of instruction, competition, or target
practice on a firing range approved by the chief of police or county sheriff in whose
jurisdiction the range is located and under direct supervision; or (iv) if the person new text begin is at least
18 years of age and new text end has new text begin either new text end successfully completed a course designed to teach
marksmanship and safety with a pistol or semiautomatic military-style assault weapon and
approved by the commissioner of natural resources new text begin or earned a varsity letter in a shooting
sport controlled by the Minnesota State High School League, including but not limited to
the Minnesota State High School Clay Target League new text end ;

(2) except as otherwise provided in clause (9), a person who has been convicted of, or
adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in
this state or elsewhere, a crime of violence. For purposes of this section, crime of violence
includes crimes in other states or jurisdictions which would have been crimes of violence
as herein defined if they had been committed in this state;

(3) a person who is or has ever been committed in Minnesota or elsewhere by a judicial
determination that the person is mentally ill, developmentally disabled, or mentally ill and
dangerous to the public, as defined in section 253B.02, to a treatment facility, or who has
ever been found incompetent to stand trial or not guilty by reason of mental illness, unless
the person's ability to possess a firearm and ammunition has been restored under subdivision
4;

(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
gross misdemeanor violation of chapter 152, unless three years have elapsed since the date
of conviction and, during that time, the person has not been convicted of any other such
violation of chapter 152 or a similar law of another state; or a person who is or has ever
been committed by a judicial determination for treatment for the habitual use of a controlled
substance or marijuana, as defined in sections 152.01 and 152.02, unless the person's ability
to possess a firearm and ammunition has been restored under subdivision 4;

(5) a person who has been committed to a treatment facility in Minnesota or elsewhere
by a judicial determination that the person is chemically dependent as defined in section
253B.02, unless the person has completed treatment or the person's ability to possess a
firearm and ammunition has been restored under subdivision 4. Property rights may not be
abated but access may be restricted by the courts;

(6) a peace officer who is informally admitted to a treatment facility pursuant to section
253B.04 for chemical dependency, unless the officer possesses a certificate from the head
of the treatment facility discharging or provisionally discharging the officer from the
treatment facility. Property rights may not be abated but access may be restricted by the
courts;

(7) a person, including a person under the jurisdiction of the juvenile court, who has
been charged with committing a crime of violence and has been placed in a pretrial diversion
program by the court before disposition, until the person has completed the diversion program
and the charge of committing the crime of violence has been dismissed;

(8) except as otherwise provided in clause (9), a person who has been convicted in
another state of committing an offense similar to the offense described in section 609.224,
subdivision 3, against a family or household member or section 609.2242, subdivision 3,
unless three years have elapsed since the date of conviction and, during that time, the person
has not been convicted of any other violation of section 609.224, subdivision 3, or 609.2242,
subdivision 3, or a similar law of another state;

(9) a person who has been convicted in this state or elsewhere of assaulting a family or
household member and who was found by the court to have used a firearm in any way
during commission of the assault is prohibited from possessing any type of firearm or
ammunition for the period determined by the sentencing court;

(10) a person who:

(i) has been convicted in any court of a crime punishable by imprisonment for a term
exceeding one year;

(ii) is a fugitive from justice as a result of having fled from any state to avoid prosecution
for a crime or to avoid giving testimony in any criminal proceeding;

(iii) is an unlawful user of any controlled substance as defined in chapter 152;

(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere as
a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the
public, as defined in section 253B.02;

(v) is an alien who is illegally or unlawfully in the United States;

(vi) has been discharged from the armed forces of the United States under dishonorable
conditions;

(vii) has renounced the person's citizenship having been a citizen of the United States;
or

(viii) is disqualified from possessing a firearm under United States Code, title 18, section
922(g)(8) or (9), as amended through March 1, 2014;

(11) a person who has been convicted of the following offenses at the gross misdemeanor
level, unless three years have elapsed since the date of conviction and, during that time, the
person has not been convicted of any other violation of these sections: section 609.229
(crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults motivated
by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a child);
609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring gun); 609.71
(riot); or 609.749 (harassment or stalking). For purposes of this paragraph, the specified
gross misdemeanor convictions include crimes committed in other states or jurisdictions
which would have been gross misdemeanors if conviction occurred in this state;

(12) a person who has been convicted of a violation of section 609.224 if the court
determined that the assault was against a family or household member in accordance with
section 609.2242, subdivision 3 (domestic assault), unless three years have elapsed since
the date of conviction and, during that time, the person has not been convicted of another
violation of section 609.224 or a violation of a section listed in clause (11); or

(13) a person who is subject to an order for protection as described in section 260C.201,
subdivision 3, paragraph (d), or 518B.01, subdivision 6, paragraph (g).

A person who issues a certificate pursuant to this section in good faith is not liable for
damages resulting or arising from the actions or misconduct with a firearm or ammunition
committed by the individual who is the subject of the certificate.

The prohibition in this subdivision relating to the possession of firearms other than
pistols and semiautomatic military-style assault weapons does not apply retroactively to
persons who are prohibited from possessing a pistol or semiautomatic military-style assault
weapon under this subdivision before August 1, 1994.

The lifetime prohibition on possessing, receiving, shipping, or transporting firearms and
ammunition for persons convicted or adjudicated delinquent of a crime of violence in clause
(2), applies only to offenders who are discharged from sentence or court supervision for a
crime of violence on or after August 1, 1993.

For purposes of this section, "judicial determination" means a court proceeding pursuant
to sections 253B.07 to 253B.09 or a comparable law from another state.

Sec. 7.

new text begin [624.7134] SEMIAUTOMATIC MILITARY-STYLE ASSAULT WEAPON
REGISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Registration required. new text end

new text begin (a) Every transferee of a semiautomatic
military-style assault weapon shall register the weapon at the time of transfer with the chief
of police of the organized full-time law enforcement agency of the municipality where the
transferee resides or with the appropriate county sheriff if there is no local chief of police.
The chiefs of police and sheriffs shall make registration forms available throughout the
community. The registration of the military-style assault weapon must be in writing and
include at a minimum:
new text end

new text begin (1) the name, address, and telephone number of the transferee;
new text end

new text begin (2) the number of the transferee's permit to carry as required under section 624.714;
new text end

new text begin (3) the manufacturer, model, and type of weapon; and
new text end

new text begin (4) the serial number of the weapon.
new text end

new text begin (b) The chief of police or sheriff shall maintain a record of all registrations under
paragraph (a).
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin A person who violates subdivision 1 is guilty of a gross misdemeanor.
new text end

new text begin Subd. 3. new text end

new text begin Private data. new text end

new text begin All data pertaining to registrations under this section are classified
as private data as provided in section 13.87, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

new text begin [624.7135] LARGE-CAPACITY MAGAZINES PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "transfer" means a sale, gift, loan,
assignment, or other delivery to another, whether or not for consideration, of a large-capacity
magazine.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin It is unlawful for a person to manufacture, import, transfer, or
possess a large-capacity magazine.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin Subdivision 2 does not apply to:
new text end

new text begin (1) any government officer, agent, or employee; member of the armed forces of the
United States; or peace officer, to the extent that the person is otherwise authorized to acquire
or possess a large-capacity magazine and does so while acting within the scope of the
person's duties;
new text end

new text begin (2) the manufacture of a large-capacity magazine by a firearms manufacturer for the
purpose of sale to any branch of the armed forces of the United States, or to a law
enforcement agency within Minnesota for use by that agency or its employees, provided
the manufacturer is properly licensed under applicable laws; or
new text end

new text begin (3) the transfer of a large-capacity magazine by a dealer that is properly licensed under
applicable laws to any branch of the armed forces of the United States, or to a law
enforcement agency within Minnesota for use by that agency or its employees for law
enforcement purposes.
new text end

new text begin Subd. 4. new text end

new text begin Penalty. new text end

new text begin (a) A person who violates subdivision 2 is guilty of a misdemeanor.
The fine imposed for a violation of this paragraph may not exceed $250.
new text end

new text begin (b) A person who was previously convicted of a crime of violence, as that term is defined
in section 624.712, subdivision 5, who violates subdivision 2, is guilty of a felony.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 9.

new text begin [624.7139] STOLEN OR LOST FIREARMS.
new text end

new text begin Subdivision 1. new text end

new text begin Failure to report; gross misdemeanor. new text end

new text begin A person who fails to report a
stolen or lost firearm within 48 hours of discovery of the theft or loss may be punished as
provided in subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin (a) A person who violates this section is guilty of a petty misdemeanor.
new text end

new text begin (b) A person who violates this section a second time is guilty of a misdemeanor.
new text end

new text begin (c) A person who violates this section a third or subsequent time is guilty of a gross
misdemeanor.
new text end

new text begin Subd. 3. new text end

new text begin Duty to report. new text end

new text begin A person shall report a stolen or lost firearm to the chief of
police of an organized full-time police department of the municipality where the person
resides or to the county sheriff if there is no local chief of police where the person resides.
new text end

new text begin Subd. 4. new text end

new text begin Report to commissioner of public safety. new text end

new text begin A chief of police or sheriff shall
report a stolen or lost firearm to the commissioner of public safety within seven days of
receiving notification of the theft or loss under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 10. new text begin PERSONS POSSESSING LARGE-CAPACITY MAGAZINES ON
EFFECTIVE DATE OF ACT; REQUIRED ACTIONS.
new text end

new text begin Any person who, on August 1, 2022, is in possession of a large-capacity magazine has
120 days to do either of the following without being subject to prosecution under Minnesota
Statutes, section 624.7133:
new text end

new text begin (1) permanently alter the magazine so it cannot accommodate more than ten rounds;
new text end

new text begin (2) remove the large-capacity magazine from the state; or
new text end

new text begin (3) surrender the large-capacity magazine to a law enforcement agency for destruction.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11. new text begin PERSONS POSSESSING SEMIAUTOMATIC MILITARY-STYLE
ASSAULT WEAPONS.
new text end

new text begin By September 1, 2022, any person who owns or is in possession of a military-style
assault weapon must register the weapon as provided in Minnesota Statutes, section 624.7134.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end