1.1                          A bill for an act 
  1.2             relating to game and fish; providing for a provisional 
  1.3             firearms safety certificate for certain persons with 
  1.4             mental disabilities; allowing certain persons with 
  1.5             mental disabilities to hunt with firearms when 
  1.6             assisted; amending Minnesota Statutes 1998, section 
  1.7             97B.015, by adding a subdivision; proposing coding for 
  1.8             new law in Minnesota Statutes, chapter 97B. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 97B.015, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 6.  [PROVISIONAL CERTIFICATE FOR PERSONS WITH MENTAL 
  1.13  DISABILITIES.] Upon the recommendation of a course instructor, 
  1.14  the commissioner may issue a provisional firearms safety 
  1.15  certificate to a person who satisfactorily completes the 
  1.16  classroom portion of the firearms safety course but is unable to 
  1.17  pass the written or an alternate format exam portion of the 
  1.18  course because of a mental disability, as defined in section 
  1.19  97B.1055, subdivision 1.  The certificate is valid only when 
  1.20  used according to section 97B.1055. 
  1.21     Sec. 2.  [97B.1055] [HUNTING BY MENTALLY DISABLED.] 
  1.22     Subdivision 1.  [DEFINITION.] For purposes of this section 
  1.23  and section 97B.015, subdivision 6, "person with a mental 
  1.24  disability condition" means a person who has been diagnosed as 
  1.25  having substantial limitations in present functioning, 
  1.26  manifested as significantly subaverage intellectual functioning, 
  1.27  existing concurrently with demonstrated deficits in adaptive 
  2.1   behavior, and who manifests these conditions before the person's 
  2.2   22nd birthday.  A person with a related condition means a person 
  2.3   who meets the diagnostic definition under section 252.27, 
  2.4   subdivision 1a. 
  2.5      Subd. 2.  [OBTAINING A LICENSE.] Notwithstanding section 
  2.6   97B.020, a person with a mental disability may obtain a firearms 
  2.7   hunting license with a provisional firearms safety certificate 
  2.8   issued under section 97B.015, subdivision 6. 
  2.9      Subd. 3.  [ASSISTANCE REQUIRED.] (a) A person who obtains a 
  2.10  firearms hunting license under subdivision 2 must be accompanied 
  2.11  and assisted by a parent, guardian, or other adult person 
  2.12  designated by a parent or guardian when hunting.  A person who 
  2.13  is not hunting but is solely accompanying and assisting a person 
  2.14  with a mental disability need not obtain a hunting license. 
  2.15     (b) Any person accompanying or assisting a person with a 
  2.16  mental disability under this section must possess a valid 
  2.17  firearms safety certificate issued by the commissioner. 
  2.18     Subd. 4.  [PROHIBITED ACTIVITIES.] (a) This section does 
  2.19  not entitle a person to possess a firearm if the person is 
  2.20  otherwise prohibited from possessing a firearm under state or 
  2.21  federal law or a court order. 
  2.22     (b) No person shall knowingly authorize or permit a person, 
  2.23  who by reason of any mental disability is incapable of safely 
  2.24  possessing a firearm, to possess a firearm to hunt in the state 
  2.25  or on any boundary water of the state.