HF 2613

1st Engrossment - 82nd Legislature (2001 - 2002) 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 crime of violence is prohibited from 
  1.4             possessing, receiving, shipping, or transporting a 
  1.5             firearm for the remainder of the person's lifetime 
  1.6             unless permitted by court order; establishing 
  1.7             procedures for certain convicted felons to obtain 
  1.8             court orders to possess firearms; amending Minnesota 
  1.9             Statutes 2000, sections 242.31, subdivision 2a; 
  1.10            260B.245, subdivision 1; 609.165, subdivisions 1a, 1b, 
  1.11            by adding a subdivision; 609A.03, subdivision 5a; 
  1.12            624.713, subdivisions 1, 3; 638.02, subdivision 2. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 2000, section 242.31, 
  1.15  subdivision 2a, is amended to read: 
  1.16     Subd. 2a.  [CRIMES OF VIOLENCE; INELIGIBILITY TO POSSESS 
  1.17  FIREARMS.] The order of discharge must provide that a person who 
  1.18  has been convicted of a crime of violence, as defined in section 
  1.19  624.712, subdivision 5, is not entitled to ship, transport, 
  1.20  possess, or receive a firearm: 
  1.21     (1) for the remainder of the person's lifetime if the 
  1.22  offense was a felony-level crime, unless permitted by a court 
  1.23  order obtained under section 609.165, subdivision 4; or 
  1.24     (2) until ten years have elapsed since the person was 
  1.25  restored to civil rights and during that time the person was not 
  1.26  convicted of any other crime of violence, if the offense was a 
  1.27  non-felony-level crime.  
  1.28  Any person who has received such a discharge and who thereafter 
  1.29  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 2000, 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 felony-level, unless permitted by a court order 
  2.27  obtained under section 609.165, subdivision 4; or 
  2.28     (2) until ten years have elapsed since the person was 
  2.29  discharged and during that time the person was not convicted of 
  2.30  any other crime of violence, if the offense was non-felony-level.
  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 2000, 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, unless permitted by a court 
  3.7   order obtained under section 609.165, subdivision 4; or 
  3.8      (2) until ten years have elapsed since the person was 
  3.9   restored to civil rights and during that time the person was not 
  3.10  convicted of any other crime of violence, if the offense was a 
  3.11  non-felony-level crime.  
  3.12  Any person who has received such a discharge and who thereafter 
  3.13  has received a relief of disability under United States Code, 
  3.14  title 18, section 925, shall not be subject to the restrictions 
  3.15  of this subdivision.  
  3.16     Sec. 4.  Minnesota Statutes 2000, section 609.165, 
  3.17  subdivision 1b, is amended to read: 
  3.18     Subd. 1b.  [VIOLATION AND PENALTY.] (a) Any person who has 
  3.19  been convicted of a crime of violence, as defined in section 
  3.20  624.712, subdivision 5, and who ships, transports, possesses, or 
  3.21  receives a firearm: 
  3.22     (1) at any time if the offense was a felony-level crime, 
  3.23  unless permitted by a court order obtained under section 
  3.24  609.165, subdivision 4; or 
  3.25     (2) before ten years have elapsed since the person was 
  3.26  restored to civil rights, if the offense was a non-felony-level 
  3.27  crime; 
  3.28  commits a felony and may be sentenced to imprisonment for not 
  3.29  more than 15 years or to payment of a fine of not more than 
  3.30  $30,000, or both.  
  3.31     (b) Nothing in this section shall be construed to bar a 
  3.32  conviction and sentencing for a violation of section 624.713, 
  3.33  subdivision 2. 
  3.34     Sec. 5.  Minnesota Statutes 2000, section 609.165, is 
  3.35  amended by adding a subdivision to read: 
  3.36     Subd. 4.  [COURT ORDER PERMITTING POSSESSION OF 
  4.1   FIREARMS.] (a) A person who is prohibited from shipping, 
  4.2   transporting, possessing, or receiving a firearm under 
  4.3   subdivision 1a may petition the court to remove or modify the 
  4.4   restrictions relating to firearms after ten years have elapsed 
  4.5   since the person was otherwise restored to civil rights.  The 
  4.6   court must schedule a hearing.  The person must notify the 
  4.7   prosecuting authorities in all jurisdictions that prosecuted the 
  4.8   person for a crime of violence.  The person must also notify the 
  4.9   county attorney in the county of the person's current 
  4.10  residence.  The notice to the prosecuting authorities must be 
  4.11  made at least 30 days prior to the hearing. 
  4.12     (b) In evaluating the petition, the court must consider the 
  4.13  nature and circumstances of the crime of violence committed, the 
  4.14  character and mental condition of the person, the person's 
  4.15  complete criminal history, the person's subsequent contributions 
  4.16  to the community, the length of time that has passed, the 
  4.17  person's efforts at rehabilitation, and the testimony of any 
  4.18  person supporting or opposing the petition.  The court may also 
  4.19  consider other factors it deems relevant. 
  4.20     (c) The court may deny the petition, order a full 
  4.21  restoration of rights to possess firearms, or order a partial 
  4.22  restoration of rights to possess firearms.  If the court orders 
  4.23  a partial restoration of rights to possess firearms, the court 
  4.24  may impose any restrictions or limitations that help protect 
  4.25  public safety. 
  4.26     Sec. 6.  Minnesota Statutes 2000, section 609A.03, 
  4.27  subdivision 5a, is amended to read: 
  4.28     Subd. 5a.  [ORDER CONCERNING CRIMES OF VIOLENCE.] An order 
  4.29  expunging the record of a conviction for a crime of violence as 
  4.30  defined in section 624.712, subdivision 5, must provide that the 
  4.31  person is not entitled to ship, transport, possess, or receive a 
  4.32  firearm: 
  4.33     (1) for the remainder of the person's lifetime if the 
  4.34  offense was a felony-level crime, unless permitted by a court 
  4.35  order obtained under section 609.165, subdivision 4; or 
  4.36     (2) until ten years have elapsed since the order was 
  5.1   entered and during that time the person was not convicted of any 
  5.2   other crime of violence, if the offense was a non-felony-level 
  5.3   crime.  
  5.4   Any person whose record of conviction is expunged under this 
  5.5   section and who thereafter receives a relief of disability under 
  5.6   United States Code, title 18, section 925, is not subject to the 
  5.7   restriction in this subdivision. 
  5.8      Sec. 7.  Minnesota Statutes 2000, section 624.713, 
  5.9   subdivision 1, is amended to read: 
  5.10     Subdivision 1.  [INELIGIBLE PERSONS.] The following persons 
  5.11  shall not be entitled to possess a pistol or semiautomatic 
  5.12  military-style assault weapon or, except for clause (a), any 
  5.13  other firearm: 
  5.14     (a) a person under the age of 18 years except that a person 
  5.15  under 18 may carry or possess a pistol or semiautomatic 
  5.16  military-style assault weapon (i) in the actual presence or 
  5.17  under the direct supervision of the person's parent or guardian, 
  5.18  (ii) for the purpose of military drill under the auspices of a 
  5.19  legally recognized military organization and under competent 
  5.20  supervision, (iii) for the purpose of instruction, competition, 
  5.21  or target practice on a firing range approved by the chief of 
  5.22  police or county sheriff in whose jurisdiction the range is 
  5.23  located and under direct supervision; or (iv) if the person has 
  5.24  successfully completed a course designed to teach marksmanship 
  5.25  and safety with a pistol or semiautomatic military-style assault 
  5.26  weapon and approved by the commissioner of natural resources; 
  5.27     (b) except as otherwise provided in clause (i), a person 
  5.28  who has been convicted of, or adjudicated delinquent or 
  5.29  convicted as an extended jurisdiction juvenile for committing, 
  5.30  in this state or elsewhere, a crime of violence: 
  5.31     (1) for the remainder of the person's lifetime if the 
  5.32  offense was a felony-level crime, unless permitted by a court 
  5.33  order obtained under section 609.165, subdivision 4; or 
  5.34     (2) unless ten years have elapsed since the person has been 
  5.35  restored to civil rights or the sentence or disposition has 
  5.36  expired, whichever occurs first, and during that time the person 
  6.1   has not been convicted of or adjudicated for any other crime of 
  6.2   violence, if the offense was a non-felony-level crime.  
  6.3   For purposes of this section, crime of violence includes crimes 
  6.4   in other states or jurisdictions which would have been crimes of 
  6.5   violence as herein defined if they had been committed in this 
  6.6   state; 
  6.7      (c) a person who is or has ever been confined in Minnesota 
  6.8   or elsewhere as a "mentally ill," "mentally retarded," or 
  6.9   "mentally ill and dangerous to the public" person as defined in 
  6.10  section 253B.02, to a treatment facility, or who has ever been 
  6.11  found incompetent to stand trial or not guilty by reason of 
  6.12  mental illness, unless the person possesses a certificate of a 
  6.13  medical doctor or psychiatrist licensed in Minnesota, or other 
  6.14  satisfactory proof that the person is no longer suffering from 
  6.15  this disability; 
  6.16     (d) a person who has been convicted in Minnesota or 
  6.17  elsewhere of a misdemeanor or gross misdemeanor violation of 
  6.18  chapter 152, or a person who is or has ever been hospitalized or 
  6.19  committed for treatment for the habitual use of a controlled 
  6.20  substance or marijuana, as defined in sections 152.01 and 
  6.21  152.02, unless the person possesses a certificate of a medical 
  6.22  doctor or psychiatrist licensed in Minnesota, or other 
  6.23  satisfactory proof, that the person has not abused a controlled 
  6.24  substance or marijuana during the previous two years; 
  6.25     (e) a person who has been confined or committed to a 
  6.26  treatment facility in Minnesota or elsewhere as "chemically 
  6.27  dependent" as defined in section 253B.02, unless the person has 
  6.28  completed treatment.  Property rights may not be abated but 
  6.29  access may be restricted by the courts; 
  6.30     (f) a peace officer who is informally admitted to a 
  6.31  treatment facility pursuant to section 253B.04 for chemical 
  6.32  dependency, unless the officer possesses a certificate from the 
  6.33  head of the treatment facility discharging or provisionally 
  6.34  discharging the officer from the treatment facility.  Property 
  6.35  rights may not be abated but access may be restricted by the 
  6.36  courts; 
  7.1      (g) a person, including a person under the jurisdiction of 
  7.2   the juvenile court, who has been charged with committing a crime 
  7.3   of violence and has been placed in a pretrial diversion program 
  7.4   by the court before disposition, until the person has completed 
  7.5   the diversion program and the charge of committing the crime of 
  7.6   violence has been dismissed; 
  7.7      (h) except as otherwise provided in clause (i), a person 
  7.8   who has been convicted in another state of committing an offense 
  7.9   similar to the offense described in section 609.224, subdivision 
  7.10  3, against a family or household member or section 609.2242, 
  7.11  subdivision 3, unless three years have elapsed since the date of 
  7.12  conviction and, during that time, the person has not been 
  7.13  convicted of any other violation of section 609.224, subdivision 
  7.14  3, or 609.2242, subdivision 3, or a similar law of another 
  7.15  state; 
  7.16     (i) a person who has been convicted in this state or 
  7.17  elsewhere of assaulting a family or household member and who was 
  7.18  found by the court to have used a firearm in any way during 
  7.19  commission of the assault is prohibited from possessing any type 
  7.20  of firearm for the period determined by the sentencing court; or 
  7.21     (j) a person who: 
  7.22     (1) has been convicted in any court of a crime punishable 
  7.23  by imprisonment for a term exceeding one year; 
  7.24     (2) is a fugitive from justice as a result of having fled 
  7.25  from any state to avoid prosecution for a crime or to avoid 
  7.26  giving testimony in any criminal proceeding; 
  7.27     (3) is an unlawful user of any controlled substance as 
  7.28  defined in chapter 152; 
  7.29     (4) has been judicially committed to a treatment facility 
  7.30  in Minnesota or elsewhere as a "mentally ill," "mentally 
  7.31  retarded," or "mentally ill and dangerous to the public" person 
  7.32  as defined in section 253B.02; 
  7.33     (5) is an alien who is illegally or unlawfully in the 
  7.34  United States; 
  7.35     (6) has been discharged from the armed forces of the United 
  7.36  States under dishonorable conditions; or 
  8.1      (7) has renounced the person's citizenship having been a 
  8.2   citizen of the United States. 
  8.3      A person who issues a certificate pursuant to this 
  8.4   subdivision in good faith is not liable for damages resulting or 
  8.5   arising from the actions or misconduct with a firearm committed 
  8.6   by the individual who is the subject of the certificate. 
  8.7      The prohibition in this subdivision relating to the 
  8.8   possession of firearms other than pistols and semiautomatic 
  8.9   military-style assault weapons does not apply retroactively to 
  8.10  persons who are prohibited from possessing a pistol or 
  8.11  semiautomatic military-style assault weapon under this 
  8.12  subdivision before August 1, 1994. 
  8.13     Sec. 8.  Minnesota Statutes 2000, section 624.713, 
  8.14  subdivision 3, is amended to read: 
  8.15     Subd. 3.  [NOTICE.] (a) When a person is convicted of, or 
  8.16  adjudicated delinquent or convicted as an extended jurisdiction 
  8.17  juvenile for committing, a crime of violence as defined in 
  8.18  section 624.712, subdivision 5, the court shall inform the 
  8.19  defendant that the defendant is prohibited from possessing a 
  8.20  pistol or semiautomatic military-style assault weapon: 
  8.21     (1) for the remainder of the person's lifetime if the 
  8.22  offense was a felony-level crime, unless permitted by a court 
  8.23  order obtained under section 609.165, subdivision 4; or 
  8.24     (2) for a period of ten years after the person was restored 
  8.25  to civil rights or since the sentence or disposition has 
  8.26  expired, whichever occurs first, if the offense is a 
  8.27  non-felony-level crime, and that it is a felony offense to 
  8.28  violate this prohibition.  
  8.29  The failure of the court to provide this information to a 
  8.30  defendant does not affect the applicability of the pistol or 
  8.31  semiautomatic military-style assault weapon possession 
  8.32  prohibition or the felony penalty to that defendant. 
  8.33     (b) When a person, including a person under the 
  8.34  jurisdiction of the juvenile court, is charged with committing a 
  8.35  crime of violence and is placed in a pretrial diversion program 
  8.36  by the court before disposition, the court shall inform the 
  9.1   defendant that:  (1) the defendant is prohibited from possessing 
  9.2   a pistol or semiautomatic military-style assault weapon until 
  9.3   the person has completed the diversion program and the charge of 
  9.4   committing a crime of violence has been dismissed; (2) it is a 
  9.5   gross misdemeanor offense to violate this prohibition; and (3) 
  9.6   if the defendant violates this condition of participation in the 
  9.7   diversion program, the charge of committing a crime of violence 
  9.8   may be prosecuted.  The failure of the court to provide this 
  9.9   information to a defendant does not affect the applicability of 
  9.10  the pistol or semiautomatic military-style assault weapon 
  9.11  possession prohibition or the gross misdemeanor penalty to that 
  9.12  defendant. 
  9.13     Sec. 9.  Minnesota Statutes 2000, section 638.02, 
  9.14  subdivision 2, is amended to read: 
  9.15     Subd. 2.  Any person, convicted of a crime in any court of 
  9.16  this state, who has served the sentence imposed by the court and 
  9.17  has been discharged of the sentence either by order of court or 
  9.18  by operation of law, may petition the board of pardons for the 
  9.19  granting of a pardon extraordinary.  Unless the board of pardons 
  9.20  expressly provides otherwise in writing by unanimous vote, the 
  9.21  application for a pardon extraordinary may not be filed until 
  9.22  the applicable time period in clause (1) or (2) has elapsed: 
  9.23     (1) if the person was convicted of a crime of violence as 
  9.24  defined in section 624.712, subdivision 5, ten years must have 
  9.25  elapsed since the sentence was discharged and during that time 
  9.26  the person must not have been convicted of any other crime; and 
  9.27     (2) if the person was convicted of any crime not included 
  9.28  within the definition of crime of violence under section 
  9.29  624.712, subdivision 5, five years must have elapsed since the 
  9.30  sentence was discharged and during that time the person must not 
  9.31  have been convicted of any other crime.  
  9.32  If the board of pardons determines that the person is of good 
  9.33  character and reputation, the board may, in its discretion, 
  9.34  grant the person a pardon extraordinary.  The pardon 
  9.35  extraordinary, when granted, has the effect of setting aside and 
  9.36  nullifying the conviction and of purging the person of it, and 
 10.1   the person shall never after that be required to disclose the 
 10.2   conviction at any time or place other than in a judicial 
 10.3   proceeding or as part of the licensing process for peace 
 10.4   officers. 
 10.5      The application for a pardon extraordinary, the proceedings 
 10.6   to review an application, and the notice requirements are 
 10.7   governed by the statutes and the rules of the board in respect 
 10.8   to other proceedings before the board.  The application shall 
 10.9   contain any further information that the board may require.  
 10.10     Unless the board of pardons expressly provides otherwise in 
 10.11  writing by unanimous vote, if the person was convicted of a 
 10.12  crime of violence, as defined in section 624.712, subdivision 5, 
 10.13  the pardon extraordinary must expressly provide that the pardon 
 10.14  does not entitle the person to ship, transport, possess, or 
 10.15  receive a firearm: 
 10.16     (1) for the remainder of the person's lifetime if the 
 10.17  offense was a felony-level crime, unless permitted by a court 
 10.18  order obtained under section 609.165, subdivision 4; or 
 10.19     (2) until ten years have elapsed since the sentence was 
 10.20  discharged and during that time the person was not convicted of 
 10.21  any other crime of violence, if the offense is for a 
 10.22  non-felony-level crime. 
 10.23     Sec. 10.  [EFFECTIVE DATE.] 
 10.24     Sections 1 to 9 are effective August 1, 2002.  However, if 
 10.25  the application of sections 1 to 9 to offenders for crimes of 
 10.26  violence committed before August 1, 2002, is held 
 10.27  unconstitutional under the ex post facto provisions of the 
 10.28  Minnesota or United States constitutions, sections 1 to 9 apply 
 10.29  only to offenders who commit crimes of violence on or after 
 10.30  August 1, 2002.