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HF 3185

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/03/2023 12:49pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; granting immunity to private parties who require proof
of firearms eligibility prior to transferring a firearm; amending Minnesota Statutes
2022, section 609.66, subdivision 1f.

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

Section 1.

Minnesota Statutes 2022, section 609.66, subdivision 1f, is amended to read:


Subd. 1f.

Gross misdemeanor; transferring firearm without background check.

new text begin (a)
new text end A person, other than a federally licensed firearms dealer, who transfers a pistol or
semiautomatic military-style assault weapon to another without complying with the transfer
requirements of section 624.7132, is guilty of a gross misdemeanor if the transferee possesses
or uses the weapon within one year after the transfer in furtherance of a felony crime of
violence, and if:

(1) the transferee was prohibited from possessing the weapon under section 624.713 at
the time of the transfer; or

(2) it was reasonably foreseeable at the time of the transfer that the transferee was likely
to use or possess the weapon in furtherance of a felony crime of violence.

new text begin (b) A person is immune from prosecution under paragraph (a) if the person produces
either a copy of the transferee's permit to carry or permit to purchase that the transferee
presented at the time of transfer. A transferor may only be required to produce documents
maintained pursuant to this paragraph if a court orders production of the documents as part
of a criminal investigation involving the transferred firearm. A court may not compel a
transferor to produce documents maintained pursuant to this paragraph beyond one year
after the date of transfer.
new text end