HF 432

as introduced - 92nd Legislature (2021 - 2022) Posted on 01/28/2021 02:18pm

A bill for an act
relating to public safety; prohibiting the enactment or enforcement of extreme risk
protection orders against individuals regarding firearms; establishing criminal
penalty for violation; 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 [624.7193] RED FLAG PREEMPTION.
new text end

new text begin (a) This act shall be known and may be cited as the "Minnesota Anti-Red Flag Act."
new text end

new text begin (b) The legislature hereby preempts the entire field of legislation in this state concerning
in any way federal or state extreme risk protection orders that have been issued against a
citizen of Minnesota. No city, county, or other political subdivision of this state shall enact
any ordinance, resolution, or regulation providing for extreme risk protection orders nor
enforce or aid in the enforcement of any extreme risk protection order issued pursuant to
federal law or the laws of another jurisdiction.
new text end

new text begin (c) Any federal statute, rule, or executive order; federal or state judicial order; or other
judicial action that would have the effect of enforcing an extreme risk protection order
against a resident of Minnesota shall be null, void, unenforceable, and of no effect in the
state of Minnesota. Such orders shall be deemed to infringe upon the constitutional rights
of such resident including but not limited to the right to due process, the right to keep and
bear arms, and the right to free speech.
new text end

new text begin (d) No state agency or any city, county, or other political subdivision in the state shall
accept any moneys to implement any federal statute, rule, or executive order; federal or
state judicial order; or other judicial action that would have the effect of enforcing an extreme
risk protection order against or upon a resident of Minnesota.
new text end

new text begin (e) For purposes of this act, "extreme risk protection order" means an order or warrant
issued by a federal court or a state court or signed by a magistrate or comparable officer of
the court, including ex parte orders, for which the primary purpose is to reduce the risk of
firearm-related death or injury by doing one or more of the following:
new text end

new text begin (1) prohibiting a named individual from owning, possessing, receiving, or otherwise
having custody or control of a firearm; or
new text end

new text begin (2) having a firearm removed or requiring the surrender of firearms from a named
individual.
new text end

new text begin (f) It shall be unlawful for any person, including a law enforcement officer, to enforce
or attempt to enforce an extreme risk protection order upon a resident of Minnesota. Any
person violating this act is guilty of a felony, and may be sentenced to imprisonment for
not more than 18 months, or to a fine of not more than $5,000, or both.
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