HF 3351

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to firearms; prohibiting persons convicted of 
  1.3             violent crimes from possessing firearms for the 
  1.4             remainder of the person's lifetime; requiring persons 
  1.5             who own or possess a firearm to obtain a license from 
  1.6             the commissioner of public safety; establishing 
  1.7             standards for the issuance of licenses; requiring 
  1.8             transferors and owners of firearms to register with 
  1.9             the commissioner of public safety; regulating 
  1.10            transfers or purchases of firearms within a 30-day 
  1.11            period; prohibiting the transporting of firearms into 
  1.12            the state with the intent to transfer them to persons 
  1.13            who are ineligible to possess them; requiring the 
  1.14            reporting of lost or stolen firearms; authorizing 
  1.15            local regulation of firearms and ammunition; imposing 
  1.16            criminal penalties; appropriating money; amending 
  1.17            Minnesota Statutes 2000, sections 609.165, 
  1.18            subdivisions 1a and 1b; 624.712, subdivision 6, and by 
  1.19            adding a subdivision; 624.713, subdivisions 1 and 3; 
  1.20            624.714, subdivisions 3, 4, 5, and 8; and 624.7151; 
  1.21            proposing coding for new law in Minnesota Statutes, 
  1.22            chapters 299A; and 624; repealing Minnesota Statutes 
  1.23            2000, sections 471.633; 609.66, subdivision 1f; 
  1.24            624.711; 624.7131; 624.7132; 624.7141; 624.715; 
  1.25            624.717; and 624.74, subdivision 4. 
  1.26  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.27     Section 1.  [299A.07] [DATABASE OF FIREARM REGISTRATIONS 
  1.28  AND TRANSFERS; RULES REQUIRED.] 
  1.29     The commissioner of public safety shall establish a 
  1.30  computerized central reporting system and maintain a database of 
  1.31  firearm registrations and transfers.  The commissioner shall 
  1.32  adopt rules to establish a procedure that must be followed by 
  1.33  transferors and transferees when checking on the number and 
  1.34  dates of prior firearm sales or transfers prior to a sale or 
  1.35  transfer.  Information in the database must be readily available 
  2.1   on a 24-hour basis to requesting law enforcement agencies and 
  2.2   must quickly indicate whether the transferee has purchased a 
  2.3   firearm within a 30-day period. 
  2.4      Sec. 2.  Minnesota Statutes 2000, section 609.165, 
  2.5   subdivision 1a, is amended to read: 
  2.6      Subd. 1a.  [CERTAIN CONVICTED FELONS INELIGIBLE TO POSSESS 
  2.7   FIREARMS.] The order of discharge must provide that a person who 
  2.8   has been convicted of a crime of violence, as defined in section 
  2.9   624.712, subdivision 5, is not entitled to ship, transport, 
  2.10  possess, or receive a firearm until ten years have elapsed since 
  2.11  the person was restored to civil rights and during that time the 
  2.12  person was not convicted of any other crime of violence for the 
  2.13  remainder of the person's lifetime.  Any person who has received 
  2.14  such a discharge and who thereafter has received a relief of 
  2.15  disability under United States Code, title 18, section 925, 
  2.16  shall not be subject to the restrictions of this subdivision.  
  2.17     Sec. 3.  Minnesota Statutes 2000, section 609.165, 
  2.18  subdivision 1b, is amended to read: 
  2.19     Subd. 1b.  [VIOLATION AND PENALTY.] (a) Any person who has 
  2.20  been convicted of a crime of violence, as defined in section 
  2.21  624.712, subdivision 5, and who ships, transports, possesses, or 
  2.22  receives a firearm before ten years have elapsed since the 
  2.23  person was restored to civil rights, commits a felony and may be 
  2.24  sentenced to imprisonment for not more than 15 years or to 
  2.25  payment of a fine of not more than $30,000, or both.  
  2.26     (b) Nothing in this section shall be construed to bar a 
  2.27  conviction and sentencing for a violation of section 624.713, 
  2.28  subdivision 2. 
  2.29     Sec. 4.  Minnesota Statutes 2000, section 624.712, 
  2.30  subdivision 6, is amended to read: 
  2.31     Subd. 6.  [TRANSFER.] "Transfer" means a sale, gift, loan, 
  2.32  assignment or other delivery to another, whether or not for 
  2.33  consideration, of a pistol or semiautomatic military-style 
  2.34  assault weapon firearm or the frame or receiver of a pistol or 
  2.35  semiautomatic military-style assault weapon firearm. 
  2.36     Sec. 5.  Minnesota Statutes 2000, section 624.712, is 
  3.1   amended by adding a subdivision to read: 
  3.2      Subd. 11.  [FIREARM.] "Firearm" has the meaning given in 
  3.3   section 609.666, subdivision 1. 
  3.4      Sec. 6.  Minnesota Statutes 2000, section 624.713, 
  3.5   subdivision 1, is amended to read: 
  3.6      Subdivision 1.  [INELIGIBLE PERSONS.] The following persons 
  3.7   shall not be entitled to possess a pistol or semiautomatic 
  3.8   military-style assault weapon or, except for clause (a), any 
  3.9   other firearm: 
  3.10     (a) a person under the age of 18 years except that a person 
  3.11  under 18 may carry or possess a pistol or semiautomatic 
  3.12  military-style assault weapon (i) in the actual presence or 
  3.13  under the direct supervision of the person's parent or guardian, 
  3.14  (ii) for the purpose of military drill under the auspices of a 
  3.15  legally recognized military organization and under competent 
  3.16  supervision, (iii) for the purpose of instruction, competition, 
  3.17  or target practice on a firing range approved by the chief of 
  3.18  police or county sheriff in whose jurisdiction the range is 
  3.19  located and under direct supervision; or (iv) if the person has 
  3.20  successfully completed a course designed to teach marksmanship 
  3.21  and safety with a pistol or semiautomatic military-style assault 
  3.22  weapon and approved by the commissioner of natural resources; 
  3.23     (b) except as otherwise provided in clause (i), a person 
  3.24  who has been convicted of, or adjudicated delinquent or 
  3.25  convicted as an extended jurisdiction juvenile for committing, 
  3.26  in this state or elsewhere, a crime of violence unless ten years 
  3.27  have elapsed since the person has been restored to civil rights 
  3.28  or the sentence or disposition has expired, whichever occurs 
  3.29  first, and during that time the person has not been convicted of 
  3.30  or adjudicated for any other crime of violence.  For purposes of 
  3.31  this section, crime of violence includes crimes in other states 
  3.32  or jurisdictions which would have been crimes of violence as 
  3.33  herein defined if they had been committed in this state; 
  3.34     (c) a person who is or has ever been confined in Minnesota 
  3.35  or elsewhere as a "mentally ill," "mentally retarded," or 
  3.36  "mentally ill and dangerous to the public" person as defined in 
  4.1   section 253B.02, to a treatment facility, or who has ever been 
  4.2   found incompetent to stand trial or not guilty by reason of 
  4.3   mental illness, unless the person possesses a certificate of a 
  4.4   medical doctor or psychiatrist licensed in Minnesota, or other 
  4.5   satisfactory proof that the person is no longer suffering from 
  4.6   this disability; 
  4.7      (d) a person who has been convicted in Minnesota or 
  4.8   elsewhere of a misdemeanor or gross misdemeanor violation of 
  4.9   chapter 152, or a person who is or has ever been hospitalized or 
  4.10  committed for treatment for the habitual use of a controlled 
  4.11  substance or marijuana, as defined in sections 152.01 and 
  4.12  152.02, unless the person possesses a certificate of a medical 
  4.13  doctor or psychiatrist licensed in Minnesota, or other 
  4.14  satisfactory proof, that the person has not abused a controlled 
  4.15  substance or marijuana during the previous two years; 
  4.16     (e) a person who has been confined or committed to a 
  4.17  treatment facility in Minnesota or elsewhere as "chemically 
  4.18  dependent" as defined in section 253B.02, unless the person has 
  4.19  completed treatment.  Property rights may not be abated but 
  4.20  access may be restricted by the courts; 
  4.21     (f) a peace officer who is informally admitted to a 
  4.22  treatment facility pursuant to section 253B.04 for chemical 
  4.23  dependency, unless the officer possesses a certificate from the 
  4.24  head of the treatment facility discharging or provisionally 
  4.25  discharging the officer from the treatment facility.  Property 
  4.26  rights may not be abated but access may be restricted by the 
  4.27  courts; 
  4.28     (g) a person, including a person under the jurisdiction of 
  4.29  the juvenile court, who has been charged with committing a crime 
  4.30  of violence and has been placed in a pretrial diversion program 
  4.31  by the court before disposition, until the person has completed 
  4.32  the diversion program and the charge of committing the crime of 
  4.33  violence has been dismissed; 
  4.34     (h) except as otherwise provided in clause (i), a person 
  4.35  who has been convicted in another state of committing an offense 
  4.36  similar to the offense described in section 609.224, subdivision 
  5.1   3, against a family or household member or section 609.2242, 
  5.2   subdivision 3, unless three years have elapsed since the date of 
  5.3   conviction and, during that time, the person has not been 
  5.4   convicted of any other violation of section 609.224, subdivision 
  5.5   3, or 609.2242, subdivision 3, or a similar law of another 
  5.6   state; 
  5.7      (i) a person who has been convicted in this state or 
  5.8   elsewhere of assaulting a family or household member and who was 
  5.9   found by the court to have used a firearm in any way during 
  5.10  commission of the assault is prohibited from possessing any type 
  5.11  of firearm for the period determined by the sentencing court; or 
  5.12     (j) a person who: 
  5.13     (1) has been convicted in any court of a crime punishable 
  5.14  by imprisonment for a term exceeding one year; 
  5.15     (2) is a fugitive from justice as a result of having fled 
  5.16  from any state to avoid prosecution for a crime or to avoid 
  5.17  giving testimony in any criminal proceeding; 
  5.18     (3) is an unlawful user of any controlled substance as 
  5.19  defined in chapter 152; 
  5.20     (4) has been judicially committed to a treatment facility 
  5.21  in Minnesota or elsewhere as a "mentally ill," "mentally 
  5.22  retarded," or "mentally ill and dangerous to the public" person 
  5.23  as defined in section 253B.02; 
  5.24     (5) is an alien who is illegally or unlawfully in the 
  5.25  United States; 
  5.26     (6) has been discharged from the armed forces of the United 
  5.27  States under dishonorable conditions; or 
  5.28     (7) has renounced the person's citizenship having been a 
  5.29  citizen of the United States. 
  5.30     A person who issues a certificate pursuant to this 
  5.31  subdivision in good faith is not liable for damages resulting or 
  5.32  arising from the actions or misconduct with a firearm committed 
  5.33  by the individual who is the subject of the certificate. 
  5.34     The prohibition in this subdivision relating to the 
  5.35  possession of firearms other than pistols and semiautomatic 
  5.36  military-style assault weapons does not apply retroactively to 
  6.1   persons who are prohibited from possessing a pistol or 
  6.2   semiautomatic military-style assault weapon under this 
  6.3   subdivision before August 1, 1994. 
  6.4      Sec. 7.  Minnesota Statutes 2000, section 624.713, 
  6.5   subdivision 3, is amended to read: 
  6.6      Subd. 3.  [NOTICE.] (a) When a person is convicted of, or 
  6.7   adjudicated delinquent or convicted as an extended jurisdiction 
  6.8   juvenile for committing, a crime of violence as defined in 
  6.9   section 624.712, subdivision 5, the court shall inform the 
  6.10  defendant that the defendant is prohibited from possessing, 
  6.11  transporting, shipping, or receiving a pistol or semiautomatic 
  6.12  military-style assault weapon for a period of ten years after 
  6.13  the person was restored to civil rights or since the sentence or 
  6.14  disposition has expired, whichever occurs first, firearm for the 
  6.15  remainder of the person's lifetime and that it is a felony 
  6.16  offense to violate this prohibition.  The failure of the court 
  6.17  to provide this information to a defendant does not affect the 
  6.18  applicability of the pistol or semiautomatic military-style 
  6.19  assault weapon possession firearm prohibition or the felony 
  6.20  penalty to that defendant. 
  6.21     (b) When a person, including a person under the 
  6.22  jurisdiction of the juvenile court, is charged with committing a 
  6.23  crime of violence and is placed in a pretrial diversion program 
  6.24  by the court before disposition, the court shall inform the 
  6.25  defendant that:  (1) the defendant is prohibited from possessing 
  6.26  a pistol or semiautomatic military-style assault weapon firearm 
  6.27  until the person has completed the diversion program and the 
  6.28  charge of committing a crime of violence has been dismissed; (2) 
  6.29  it is a gross misdemeanor offense to violate this prohibition; 
  6.30  and (3) if the defendant violates this condition of 
  6.31  participation in the diversion program, the charge of committing 
  6.32  a crime of violence may be prosecuted.  The failure of the court 
  6.33  to provide this information to a defendant does not affect the 
  6.34  applicability of the pistol or semiautomatic military-style 
  6.35  assault weapon firearm possession prohibition or the gross 
  6.36  misdemeanor penalty to that defendant. 
  7.1      Sec. 8.  [624.7135] [OWNERSHIP AND POSSESSION OF FIREARMS; 
  7.2   LICENSE REQUIRED.] 
  7.3      Subdivision 1.  [LICENSE REQUIREMENT.] No person, other 
  7.4   than a peace officer, as defined in section 626.84, may own or 
  7.5   possess a firearm in this state unless the person has a valid, 
  7.6   current license issued by the commissioner of public safety 
  7.7   under this section. 
  7.8      Subd. 2.  [APPLICATION PROCESS.] A person may apply for a 
  7.9   license to own or possess a firearm by providing, in person, the 
  7.10  following information to the commissioner of public safety or 
  7.11  the commissioner's designee: 
  7.12     (1) a background check certificate issued within the past 
  7.13  30 days by the chief of police of the municipality in which the 
  7.14  person resides or, if there is no chief of police, by the 
  7.15  sheriff of the county in which the person resides stating that a 
  7.16  background check conducted under subdivision 3 shows that the 
  7.17  person is not prohibited from possessing a firearm; and 
  7.18     (2) a firearms safety certificate recognized by the 
  7.19  department of natural resources, evidence of successful 
  7.20  completion of a test of ability to use a firearm supervised by 
  7.21  the chief of police or sheriff, or other satisfactory proof of 
  7.22  ability to use a firearm safely.  
  7.23  The commissioner or the commissioner's designee shall take a 
  7.24  color photograph of the applicant at the time the application is 
  7.25  submitted.  The commissioner may charge the applicant a 
  7.26  reasonable fee to cover the cost of the licensing process. 
  7.27     Subd. 3.  [BACKGROUND CHECK.] (a) A person may apply for a 
  7.28  background check certificate by providing the following 
  7.29  information in writing to the chief of police of the 
  7.30  municipality in which the person resides or to the county 
  7.31  sheriff if there is no local chief of police: 
  7.32     (1) the applicant's name, residence, telephone number, and 
  7.33  driver's license number or nonqualification certificate number, 
  7.34  if any; 
  7.35     (2) the applicant's sex, date of birth, height, weight, 
  7.36  color of eyes, and distinguishing physical characteristics, if 
  8.1   any; 
  8.2      (3) a statement that the applicant authorizes the release 
  8.3   to the local police authority of commitment information about 
  8.4   the applicant maintained by the commissioner of human services 
  8.5   to the extent that the information relates to the applicant's 
  8.6   eligibility to possess a firearm under section 624.713, 
  8.7   subdivision 1; and 
  8.8      (4) a statement by the applicant that the applicant is not 
  8.9   prohibited by section 624.713 from possessing a firearm. 
  8.10     The statements shall be signed and dated by the applicant. 
  8.11  The statement under clause (3) must comply with any applicable 
  8.12  requirements of Code of Federal Regulations, title 42, sections 
  8.13  2.31 to 2.35, with respect to consent to disclosure of alcohol 
  8.14  or drug patient records.  At the time of application, the local 
  8.15  police authority may charge the applicant a reasonable fee to 
  8.16  cover the cost of conducting the background check and shall 
  8.17  provide the applicant with a dated receipt for the application. 
  8.18     (b) The chief of police or sheriff shall check criminal 
  8.19  histories, records, and warrant information relating to the 
  8.20  applicant through the Minnesota crime information system and the 
  8.21  National Criminal Record Repository and shall make a reasonable 
  8.22  effort to check other available state and local recordkeeping 
  8.23  systems.  The chief of police or sheriff shall obtain commitment 
  8.24  information from the commissioner of human services as provided 
  8.25  in section 245.041. 
  8.26     (c) The chief of police or sheriff shall issue a 
  8.27  certificate to the applicant within five business days of the 
  8.28  application.  The certificate shall be based on the results of 
  8.29  the background check and shall state the date on which the 
  8.30  background check was performed.  The certificate shall state 
  8.31  whether the applicant is or is not prohibited from possessing a 
  8.32  firearm. 
  8.33     Subd. 4.  [GRANT OR DENIAL OF LICENSE.] The commissioner 
  8.34  shall issue a license to own or possess a firearm or deny the 
  8.35  application within five business days of the application.  The 
  8.36  commissioner shall provide the applicant with written 
  9.1   notification of a denial and the specific reason for it.  Any 
  9.2   person aggrieved by the denial of a license application may seek 
  9.3   review as provided in sections 14.57 to 14.69. 
  9.4      Subd. 5.  [CONTENTS; VALIDITY.] A license granted under 
  9.5   this section shall contain the following information: 
  9.6      (1) the date of issuance and a unique license number; 
  9.7      (2) the license holder's name, current address, date of 
  9.8   birth, sex, height, weight, and eye color; and 
  9.9      (3) the color photograph of the license holder that was 
  9.10  taken at the time of the application. 
  9.11  The license is valid statewide for three years from the date of 
  9.12  issuance and is not transferable.  The license becomes invalid 
  9.13  and must be returned to the commissioner if the person becomes 
  9.14  ineligible to possess a firearm under section 624.713 at any 
  9.15  time within this three-year period.  A court shall notify the 
  9.16  commissioner when a person who possesses a license under this 
  9.17  section is convicted of an offense described in section 
  9.18  624.713.  The commissioner shall revoke a person's license to 
  9.19  own or possess a firearm if the person becomes ineligible to 
  9.20  possess a firearm under section 624.713 during the period that 
  9.21  the person possesses a license.  The license may be renewed in 
  9.22  the same manner and subject to the same restrictions under which 
  9.23  the original license was obtained. 
  9.24     Subd. 6.  [REQUIREMENT TO CARRY LICENSE.] A person, other 
  9.25  than a peace officer, as defined in section 626.84, must carry 
  9.26  the person's license to own or possess the firearm whenever the 
  9.27  person possesses a firearm in a place other than the person's 
  9.28  dwelling or premises. 
  9.29     Subd. 7.  [PLACES WHERE PISTOL POSSESSION IS LAWFUL.] A 
  9.30  license to own or possess a pistol authorizes the license holder 
  9.31  to carry the pistol only in the locations and for the purposes 
  9.32  described in section 624.714, subdivision 9.  A person must 
  9.33  obtain a permit to carry under section 624.714 in order to carry 
  9.34  the pistol in any other location. 
  9.35     Subd. 8.  [STATEWIDE RECORD SYSTEM OF LICENSE HOLDERS.] The 
  9.36  commissioner shall maintain a statewide, computerized record 
 10.1   system containing identifying information on and the license 
 10.2   numbers of persons who have been granted a license under this 
 10.3   section.  Information in the record system shall be readily 
 10.4   available on a 24-hour basis to requesting law enforcement 
 10.5   agencies. 
 10.6      Subd. 9.  [PENALTIES.] (a) A person who fails to carry a 
 10.7   license in violation of this section is guilty of a petty 
 10.8   misdemeanor. 
 10.9      (b) A person who does either of the following is guilty of 
 10.10  a misdemeanor: 
 10.11     (1) owns a firearm without having registered it; or 
 10.12     (2) owns or possesses a firearm after a license issued 
 10.13  under this section has expired. 
 10.14     (c) A person who does any of the following is guilty of a 
 10.15  gross misdemeanor: 
 10.16     (1) owns or possesses a firearm without having first 
 10.17  obtained a license under this section; 
 10.18     (2) owns or possesses a firearm after a license issued 
 10.19  under this section has become invalid except through expiration; 
 10.20     (3) makes a false statement in order to obtain a license; 
 10.21  or 
 10.22     (4) transfers a license in violation of this section. 
 10.23     (d) The court shall notify the commissioner when a person 
 10.24  is convicted of a violation under this section.  Upon receipt of 
 10.25  the court's notification, the commissioner shall revoke or deny 
 10.26  issuance of the person's license to own or possess a firearm for 
 10.27  a period of ten years. 
 10.28     Subd. 10.  [PRIVATE DATA.] All data pertaining to licenses 
 10.29  under this section are classified as private data as provided in 
 10.30  section 13.87, subdivision 2. 
 10.31     Subd. 11.  [PERSONS WHO OWN OR POSSESS FIREARMS BEFORE 
 10.32  JANUARY 1, 2002.] All persons who own or possess firearms on or 
 10.33  after January 1, 2002, must comply with the license requirements 
 10.34  of this section.  However, notwithstanding subdivision 2, a 
 10.35  person who owns or possesses a firearm on or after January 1, 
 10.36  2002, who lawfully owned or possessed the firearm before that 
 11.1   date does not have to provide a background check certificate or 
 11.2   show competence in firearm safety as required by subdivision 2, 
 11.3   clause (2), when applying for or renewing a license if the 
 11.4   person applies for a license by December 31, 2002.  The person 
 11.5   shall provide a signed statement that the person is not 
 11.6   prohibited by section 624.713 from possessing a firearm. 
 11.7      Subd. 12.  [TEMPORARY LICENSES FOR NONRESIDENT ALIENS.] The 
 11.8   commissioner may issue a temporary license to own or possess a 
 11.9   rifle or shotgun to a nonresident alien who is lawfully in the 
 11.10  United States and present in the state to lawfully take game as 
 11.11  a nonresident under the game and fish laws.  The commissioner 
 11.12  shall determine the period of the license's validity based on 
 11.13  the circumstances of the case.  The application for the 
 11.14  temporary license must be on a form prescribed by the 
 11.15  commissioner.  The commissioner may charge the applicant a 
 11.16  reasonable fee to cover the cost of the temporary licensing 
 11.17  process. 
 11.18     Sec. 9.  [624.7136] [FIREARM TRANSFERS; REQUIREMENTS.] 
 11.19     Subdivision 1.  [DEFINITION.] As used in this section, 
 11.20  "transfer" has the meaning given in section 624.712, subdivision 
 11.21  6, but does not include: 
 11.22     (1) a loan to a prospective transferee if the loan is 
 11.23  intended for a period of no more than one day; 
 11.24     (2) the delivery of a firearm to a person for the purpose 
 11.25  of repair, reconditioning, or remodeling; 
 11.26     (3) a loan by a teacher to a student in a course designed 
 11.27  to teach marksmanship or safety with a pistol and approved by 
 11.28  the commissioner of natural resources; 
 11.29     (4) a loan between persons lawfully engaged in hunting or 
 11.30  target shooting if the loan is intended for a period of no more 
 11.31  than seven days; 
 11.32     (5) a loan between peace officers, as defined in section 
 11.33  626.84; and 
 11.34     (6) a loan between employees or between the employer and an 
 11.35  employee in a business if the employee is required to carry a 
 11.36  firearm by reason of employment and is the holder of a valid 
 12.1   permit to carry a pistol. 
 12.2      Subd. 2.  [TRANSFEREE LICENSE REQUIRED.] No person may 
 12.3   transfer a firearm to another unless the transferee presents a 
 12.4   valid, current license to own and possess the firearm issued 
 12.5   under section 624.7135. 
 12.6      Subd. 3.  [INFORMATION.] Every person who agrees to 
 12.7   transfer a firearm shall report the following information in 
 12.8   writing to the commissioner of public safety within three days 
 12.9   of the transfer: 
 12.10     (1) the name and address of the transferee and the number 
 12.11  of the license presented by the transferee authorizing the 
 12.12  transferee to own or possess a firearm; and 
 12.13     (2) the serial number of the firearm that was transferred. 
 12.14     Subd. 4.  [RECORDS; REGISTRATION CARD.] (a) At the time of 
 12.15  the transfer, the transferor shall give the transferee a 
 12.16  temporary registration card.  The temporary registration card 
 12.17  shall contain the information described in paragraph (c) and 
 12.18  shall be valid for 30 days following the date of the transfer.  
 12.19  The expiration date of the temporary registration card shall be 
 12.20  clearly displayed on the card.  
 12.21     (b) Upon receipt of the information required under 
 12.22  subdivision 3, the commissioner shall record the transferee's 
 12.23  name, license number, and firearm serial number in the database 
 12.24  described in section 299A.07 and shall issue a permanent 
 12.25  registration card to the transferee within 30 days.  The 
 12.26  commissioner may charge the transferee a reasonable fee to cover 
 12.27  the cost of the registration process. 
 12.28     (c) The temporary and permanent registration cards shall 
 12.29  contain the transferee's name, license number, and firearm 
 12.30  serial number and shall identify the transferee as the person 
 12.31  entitled to own and possess the firearm. 
 12.32     Subd. 5.  [FEE; EXCEPTION.] Notwithstanding subdivision 4, 
 12.33  paragraph (b), the commissioner may not charge a fee when the 
 12.34  transferee is a federally licensed firearms dealer. 
 12.35     Subd. 6.  [VALIDITY; SUBSEQUENT TRANSFERS.] The 
 12.36  registration card is valid until the person transfers the 
 13.1   firearm to another.  The registration card becomes invalid 
 13.2   whenever the person becomes ineligible to possess a firearm 
 13.3   under section 624.713. 
 13.4      Subd. 7.  [PENALTIES.] (a) Except as otherwise provided in 
 13.5   paragraph (b), a person who transfers a firearm to another in 
 13.6   violation of this section is guilty of a gross misdemeanor. 
 13.7      (b) A person who does any of the following is guilty of a 
 13.8   felony:  
 13.9      (1) transfers a firearm to a person under the age of 18 in 
 13.10  violation of this section; 
 13.11     (2) transfers a firearm to a transferee whom the transferor 
 13.12  knows is ineligible to possess the weapon if the transferee 
 13.13  possesses or uses the weapon within one year after the transfer 
 13.14  in furtherance of a crime of violence; 
 13.15     (3) transfers a firearm to a person who has made a false 
 13.16  statement in order to become a transferee, if the transferor 
 13.17  knows or has reason to know the transferee has made the false 
 13.18  statement; 
 13.19     (4) knowingly becomes a transferee in violation of this 
 13.20  section; or 
 13.21     (5) makes a false statement in order to become a transferee 
 13.22  of a firearm knowing or having reason to know the statement is 
 13.23  false. 
 13.24     Sec. 10.  [624.7137] [PURCHASE OR TRANSFER OF MORE THAN ONE 
 13.25  FIREARM PER 30 DAYS PROHIBITED.] 
 13.26     Subdivision 1.  [GROSS MISDEMEANOR.] (a) A person who 
 13.27  purchases or accepts the transfer of more than one firearm 
 13.28  within a 30-day period is guilty of a gross misdemeanor. 
 13.29     (b) A person who transfers a firearm to an individual 
 13.30  knowing that the individual has purchased or accepted the 
 13.31  transfer of a firearm within the preceding 30 days is guilty of 
 13.32  a gross misdemeanor. 
 13.33     Subd. 2.  [EXCEPTIONS.] Subdivision 1 does not apply to: 
 13.34     (1) firearms dealers as defined in section 624.7161, 
 13.35  subdivision 1; 
 13.36     (2) law enforcement agencies; 
 14.1      (3) private security companies; 
 14.2      (4) the purchase of antique firearms; and 
 14.3      (5) persons who have been exempted from this section under 
 14.4   subdivision 3. 
 14.5      Subd. 3.  [STOLEN OR LOST FIREARMS.] A person whose firearm 
 14.6   was stolen or irretrievably lost and who because of an 
 14.7   occupational or personal safety hazard wishes to purchase or 
 14.8   accept the transfer of a pistol, but who is prohibited from 
 14.9   doing so because of this section, may apply to the chief of 
 14.10  police of an organized full-time police department of the 
 14.11  municipality where the person resides or to the county sheriff 
 14.12  if there is no local chief of police where the person resides 
 14.13  for an exception to this section.  The police chief or sheriff 
 14.14  shall respond to an application within three business days of 
 14.15  the application by either approving or denying the request. 
 14.16     Sec. 11.  [624.7138] [GUN TRAFFICKING PROHIBITED.] 
 14.17     A person who crosses a state or international border to 
 14.18  transport firearms into the state of Minnesota with the intent 
 14.19  to transfer the firearms to a person who is ineligible to 
 14.20  possess a firearm under section 624.713 is guilty of a felony. 
 14.21     Sec. 12.  [624.7139] [LOST OR STOLEN FIREARMS.] 
 14.22     Subdivision 1.  [FAILURE TO REPORT; GROSS MISDEMEANOR.] A 
 14.23  person who fails to report a stolen or lost firearm within seven 
 14.24  days of discovery of the loss is guilty of a gross misdemeanor. 
 14.25     Subd. 2.  [DUTY TO REPORT.] A person shall report a stolen 
 14.26  or lost firearm to the chief of police of an organized full-time 
 14.27  police department of the municipality where the person resides 
 14.28  or to the county sheriff if there is no local chief of police 
 14.29  where the person resides. 
 14.30     Subd. 3.  [REPORT TO COMMISSIONER OF PUBLIC SAFETY.] A 
 14.31  chief of police or sheriff shall report a stolen or lost firearm 
 14.32  to the commissioner of public safety within seven days of 
 14.33  receiving notification of the theft or loss under this section. 
 14.34     Subd. 4.  [REBUTTABLE PRESUMPTION.] If a person whose 
 14.35  firearm was stolen or lost fails to report it under subdivision 
 14.36  1 or 2, and it is used in the commission of a crime or seized 
 15.1   from a person ineligible to possess it, there is a rebuttable 
 15.2   presumption that the original gun owner transferred the weapon 
 15.3   in violation of section 624.7136. 
 15.4      Sec. 13.  Minnesota Statutes 2000, section 624.714, 
 15.5   subdivision 3, is amended to read: 
 15.6      Subd. 3.  [CONTENTS.] (a) Applications for permits to carry 
 15.7   shall set forth in writing the following information: 
 15.8      (1) the name, residence, telephone number, and driver's 
 15.9   license number or nonqualification certificate number, if any, 
 15.10  of the applicant, and number and issuance date of the license 
 15.11  authorizing the applicant to own or possess a firearm issued 
 15.12  under section 624.7135; 
 15.13     (2) the sex, date of birth, height, weight, and color of 
 15.14  eyes and hair, and distinguishing physical characteristics, if 
 15.15  any, of the applicant; 
 15.16     (3) a statement that the applicant authorizes the release 
 15.17  to the local police authority of commitment information about 
 15.18  the applicant maintained by the commissioner of human services, 
 15.19  to the extent that the information relates to the applicant's 
 15.20  eligibility to possess a pistol or semiautomatic military-style 
 15.21  assault weapon under section 624.713, subdivision 1; 
 15.22     (4) a statement by the applicant that the applicant is not 
 15.23  prohibited by section 624.713 from possessing a pistol or 
 15.24  semiautomatic military-style assault weapon; and 
 15.25     (5) a recent color photograph of the applicant. 
 15.26  The application shall be signed and dated by the applicant.  The 
 15.27  statement under clause (3) must comply with any applicable 
 15.28  requirements of Code of Federal Regulations, title 42, sections 
 15.29  2.31 to 2.35, with respect to consent to disclosure of alcohol 
 15.30  or drug abuse patient records. 
 15.31     (b) If the applicant's license to own or possess a firearm 
 15.32  was issued more than one year before the date of the 
 15.33  application, the chief of police or sheriff may not issue a 
 15.34  permit to carry to the applicant without first conducting an 
 15.35  investigation under subdivision 4 and determining that the 
 15.36  person is not a person prohibited by section 624.713 from 
 16.1   possessing a pistol. 
 16.2      Sec. 14.  Minnesota Statutes 2000, section 624.714, 
 16.3   subdivision 4, is amended to read: 
 16.4      Subd. 4.  [INVESTIGATION.] If an investigation is required 
 16.5   under subdivision 3, the application authority shall check 
 16.6   criminal records, histories, and warrant information on each the 
 16.7   applicant through the Minnesota Crime Information System.  The 
 16.8   chief of police or sheriff shall obtain commitment information 
 16.9   from the commissioner of human services as provided in section 
 16.10  245.041. 
 16.11     Sec. 15.  Minnesota Statutes 2000, section 624.714, 
 16.12  subdivision 5, is amended to read: 
 16.13     Subd. 5.  [GRANTING OF PERMITS.] No permit to carry shall 
 16.14  be granted to a person unless the applicant: 
 16.15     (a) (1) is not a person prohibited by section 624.713 from 
 16.16  possessing a pistol; 
 16.17     (b) Provides a firearms safety certificate recognized by 
 16.18  the department of natural resources, evidence of successful 
 16.19  completion of a test of ability to use a firearm supervised by 
 16.20  the chief of police or sheriff or other satisfactory proof of 
 16.21  ability to use a pistol safely (2) has a valid, current license 
 16.22  to own or possess a firearm issued under section 624.7135; and 
 16.23     (c) (3) has an occupation or personal safety hazard 
 16.24  requiring a permit to carry. 
 16.25     Sec. 16.  Minnesota Statutes 2000, section 624.714, 
 16.26  subdivision 8, is amended to read: 
 16.27     Subd. 8.  [PERMIT TO CARRY VOIDED.] The permit to carry 
 16.28  shall be void at the time that the holder becomes prohibited 
 16.29  from possessing a pistol under section 624.713 or upon 
 16.30  expiration of the person's license to own or possess a firearm, 
 16.31  in which event the holder shall return the permit within five 
 16.32  days to the application authority.  Failure of the holder to 
 16.33  return the permit within the five days is a gross misdemeanor 
 16.34  unless the court finds that the circumstances or the physical or 
 16.35  mental condition of the permit holder prevented the holder from 
 16.36  complying with the return requirement. 
 17.1      Sec. 17.  Minnesota Statutes 2000, section 624.7151, is 
 17.2   amended to read: 
 17.3      624.7151 [STANDARDIZED FORMS.] 
 17.4      By December 1, 1992, The commissioner of public safety 
 17.5   shall adopt statewide standards governing the form and contents, 
 17.6   as required by sections 624.7131 624.7135 to 624.714, of every 
 17.7   application for a pistol transferee permit, pistol transferee 
 17.8   permit, report of transfer of a pistol license to own or possess 
 17.9   a firearm, application for a background check certificate, 
 17.10  application for a permit to carry a pistol, license to own or 
 17.11  possess a pistol, background check certificate, and permit to 
 17.12  carry a pistol that is granted or renewed on or after January 1, 
 17.13  1993 2002.  The adoption of these standards is not subject to 
 17.14  the rulemaking provisions of chapter 14.  
 17.15     Every application for a pistol transferee permit, pistol 
 17.16  transferee permit, report of transfer of a pistol license to own 
 17.17  or possess a firearm, application for a background check 
 17.18  certificate, application for a permit to carry a pistol, license 
 17.19  to own or possess a firearm, background check certificate, and 
 17.20  permit to carry a pistol that is received, granted, or renewed 
 17.21  by the commissioner of public safety or a police chief or county 
 17.22  sheriff on or after January 1, 1993 2002, must meet the 
 17.23  statewide standards adopted by the commissioner of public safety.
 17.24  Notwithstanding the previous sentence, neither failure of the 
 17.25  department of public safety to adopt standards nor failure of 
 17.26  the police chief or county sheriff to meet them shall delay the 
 17.27  timely processing of applications nor invalidate permits issued 
 17.28  on other forms meeting the requirements of sections 624.7131 
 17.29  624.7135 to 624.714. 
 17.30     Sec. 18.  [FIREARM REGISTRATION REQUIRED.] 
 17.31     Subdivision 1.  [REGISTRATION REQUIRED.] By January 1, 
 17.32  2002, every person who owns a firearm must register the firearm 
 17.33  with the commissioner of public safety.  The registration must 
 17.34  be in writing and contain: 
 17.35     (1) the name and address of the owner; 
 17.36     (2) the number of the license authorizing the owner to own 
 18.1   or possess a firearm; and 
 18.2      (3) the serial number of the firearm being registered. 
 18.3   Upon receipt of this information, the commissioner shall record 
 18.4   the owner's name, license number, and firearm serial number in 
 18.5   the database described in Minnesota Statutes, section 299A.07, 
 18.6   and issue a registration card to the owner within 30 days.  The 
 18.7   registration card must conform with the requirements of 
 18.8   Minnesota Statutes, section 624.7136.  
 18.9      Subd. 2.  [FEE.] The commissioner may not charge a fee to 
 18.10  register the firearm.  
 18.11     Subd. 3.  [PRIVATE DATA.] All data pertaining to 
 18.12  registrations under this section are classified as private data 
 18.13  as provided in Minnesota Statutes, section 13.87, subdivision 2. 
 18.14     Sec. 19.  [APPLICATION FORMS.] 
 18.15     The commissioner of public safety shall develop a standard 
 18.16  application form for requests to be exempted from Minnesota 
 18.17  Statutes, section 624.7137, as provided in Minnesota Statutes, 
 18.18  section 624.7137, subdivision 3, and distribute the form to all 
 18.19  local police chiefs and sheriffs before January 1, 2002. 
 18.20     Sec. 20.  [APPROPRIATION.] 
 18.21     $....... is appropriated for the fiscal year ending June 
 18.22  30, 2002, and $....... is appropriated for the fiscal year 
 18.23  ending June 30, 2003, from the general fund to the commissioner 
 18.24  of public safety to implement section 19 and Minnesota Statutes, 
 18.25  sections 299A.07, 624.7135, 624.7136, 624.7139, and 624.7151. 
 18.26     Sec. 21.  [REPEALER.] 
 18.27     Minnesota Statutes 2000, sections 471.633; 609.66, 
 18.28  subdivision 1f; 624.711; 624.7131; 624.7132; 624.7141; 624.715; 
 18.29  624.717; and 624.74, subdivision 4, are repealed. 
 18.30     Sec. 22.  [EFFECTIVE DATE.] 
 18.31     (a) Section 8 is effective January 1, 2002, and applies to 
 18.32  persons who own or possess a firearm, and for crimes committed 
 18.33  on or after that date; except that a person who owns or 
 18.34  possesses a firearm before January 1, 2002, may continue to own 
 18.35  or possess the firearm without obtaining a license until January 
 18.36  1, 2003. 
 19.1      (b) Sections 1 to 7, 9 to 19, and 21 are effective January 
 19.2   1, 2002, and apply to transfers of firearms, permit to carry 
 19.3   applications, and crimes committed on or after that date.