1.1 	A bill for an act
1.2 	relating to public safety; requiring that information on persons civilly committed, 
1.3 	found not guilty by reason of mental illness, or incompetent to stand trial be 
1.4 	transmitted to the federal National Instant Criminal Background Check System; 
1.5 	authorizing certain persons prohibited under state law from possessing a firearm 
1.6 	to petition a court for restoration of this right; amending Minnesota Statutes 
1.7 	2008, section 624.713, subdivision 1, by adding a subdivision; proposing coding 
1.8 	for new law in Minnesota Statutes, chapter 253B.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. [253B.24] TRANSMITTAL OF DATA TO NATIONAL INSTANT 
1.11 	CRIMINAL BACKGROUND CHECK SYSTEM.
1.12 	When a court:
1.13 	(1) commits a person under this chapter as being mentally ill, developmentally 
1.14 	disabled, mentally ill and dangerous, or chemically dependent;1.15 	(2) determines in a criminal case that a person is incompetent to stand trial or not 
1.16 	guilty by reason of mental illness; or
1.17 	(3) restores a person's ability to possess a firearm under section 609.165, subdivision 
1.18 	1d, or 624.713, subdivision 4,
1.19 	the court shall ensure that this information is transmitted to the National Instant Criminal 
1.20 	Background Check System.

1.21 	Sec. 2. Minnesota Statutes 2008, section 624.713, subdivision 1, is amended to read:
1.22 		Subdivision 1.Ineligible persons. The following persons shall not be entitled to 
1.23 	possess a pistol or semiautomatic military-style assault weapon or, except for clause (1), 
1.24 	any other firearm:
2.1 	(1) a person under the age of 18 years except that a person under 18 may carry or 
2.2 	possess a pistol or semiautomatic military-style assault weapon (i) in the actual presence 
2.3 	or under the direct supervision of the person's parent or guardian, (ii) for the purpose 
2.4 	of military drill under the auspices of a legally recognized military organization and 
2.5 	under competent supervision, (iii) for the purpose of instruction, competition, or target 
2.6 	practice on a firing range approved by the chief of police or county sheriff in whose 
2.7 	jurisdiction the range is located and under direct supervision; or (iv) if the person has 
2.8 	successfully completed a course designed to teach marksmanship and safety with a pistol 
2.9 	or semiautomatic military-style assault weapon and approved by the commissioner of 
2.10 	natural resources;
2.11 	(2) except as otherwise provided in clause (9), a person who has been convicted of, 
2.12 	or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, 
2.13 	in this state or elsewhere, a crime of violence. For purposes of this section, crime of 
2.14 	violence includes crimes in other states or jurisdictions which would have been crimes of 
2.15 	violence as herein defined if they had been committed in this state;
2.16 	(3) a person who is or has ever been confined in Minnesota or elsewhere as a 
2.17 	person who is mentally ill, developmentally disabled, or mentally ill and dangerous to 
2.18 	the public, as defined in section 253B.02, to a treatment facility, or who has ever been 
2.19 	found incompetent to stand trial or not guilty by reason of mental illness, unless the person 
2.20 	possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or other 
2.21 	satisfactory proof that the person is no longer suffering from this disability person's ability 
2.22 	to possess a firearm has been restored under subdivision 4; 
2.23 	(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor 
2.24 	or gross misdemeanor violation of chapter 152, or a person who is or has ever been 
2.25 	hospitalized or committed for treatment for the habitual use of a controlled substance 
2.26 	or marijuana, as defined in sections 152.01 and 152.02, unless the person possesses a 
2.27 	certificate of a medical doctor or psychiatrist licensed in Minnesota, or other satisfactory 
2.28 	proof, that the person has not abused a controlled substance or marijuana during 
2.29 	the previous two years person's ability to possess a firearm has been restored under 
2.30 	subdivision 4; 
2.31 	(5) a person who has been confined or committed to a treatment facility in Minnesota 
2.32 	or elsewhere as chemically dependent as defined in section 253B.02, unless the person has 
2.33 	completed treatment or the person's ability to possess a firearm has been restored under 
2.34 	subdivision 4. Property rights may not be abated but access may be restricted by the courts; 
2.35 	(6) a peace officer who is informally admitted to a treatment facility pursuant to 
2.36 	section 253B.04 for chemical dependency, unless the officer possesses a certificate from 
3.1 	the head of the treatment facility discharging or provisionally discharging the officer from 
3.2 	the treatment facility. Property rights may not be abated but access may be restricted 
3.3 	by the courts; 
3.4 	(7) a person, including a person under the jurisdiction of the juvenile court, who 
3.5 	has been charged with committing a crime of violence and has been placed in a pretrial 
3.6 	diversion program by the court before disposition, until the person has completed the 
3.7 	diversion program and the charge of committing the crime of violence has been dismissed;
3.8 	(8) except as otherwise provided in clause (9), a person who has been convicted in 
3.9 	another state of committing an offense similar to the offense described in section 609.224, 
3.10 	subdivision 3, against a family or household member or section 609.2242, subdivision 
3.11 	3, unless three years have elapsed since the date of conviction and, during that time, the 
3.12 	person has not been convicted of any other violation of section 609.224, subdivision 3, or 
3.13 	609.2242, subdivision 3, or a similar law of another state; 
3.14 	(9) a person who has been convicted in this state or elsewhere of assaulting a family 
3.15 	or household member and who was found by the court to have used a firearm in any way 
3.16 	during commission of the assault is prohibited from possessing any type of firearm for the 
3.17 	period determined by the sentencing court;
3.18 	(10) a person who:
3.19 	(i) has been convicted in any court of a crime punishable by imprisonment for a 
3.20 	term exceeding one year;
3.21 	(ii) is a fugitive from justice as a result of having fled from any state to avoid 
3.22 	prosecution for a crime or to avoid giving testimony in any criminal proceeding;
3.23 	(iii) is an unlawful user of any controlled substance as defined in chapter 152;
3.24 	(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere 
3.25 	as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to 
3.26 	the public, as defined in section 253B.02; 
3.27 	(v) is an alien who is illegally or unlawfully in the United States;
3.28 	(vi) has been discharged from the armed forces of the United States under 
3.29 	dishonorable conditions; or
3.30 	(vii) has renounced the person's citizenship having been a citizen of the United 
3.31 	States; or
3.32 	(11) a person who has been convicted of the following offenses at the gross 
3.33 	misdemeanor level, unless three years have elapsed since the date of conviction and, 
3.34 	during that time, the person has not been convicted of any other violation of these sections: 
3.35 	section 609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision 
3.36 	4 (assaults motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or 
4.1 	endangerment of a child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665
4.2 	(setting a spring gun); 609.71 (riot); or 609.749 (harassment and stalking). For purposes 
4.3 	of this paragraph, the specified gross misdemeanor convictions include crimes committed 
4.4 	in other states or jurisdictions which would have been gross misdemeanors if conviction 
4.5 	occurred in this state. 
4.6 	A person who issues a certificate pursuant to this subdivision in good faith is not 
4.7 	liable for damages resulting or arising from the actions or misconduct with a firearm 
4.8 	committed by the individual who is the subject of the certificate.
4.9 	The prohibition in this subdivision relating to the possession of firearms other than 
4.10 	pistols and semiautomatic military-style assault weapons does not apply retroactively 
4.11 	to persons who are prohibited from possessing a pistol or semiautomatic military-style 
4.12 	assault weapon under this subdivision before August 1, 1994.
4.13 	The lifetime prohibition on possessing, receiving, shipping, or transporting firearms 
4.14 	for persons convicted or adjudicated delinquent of a crime of violence in clause (2), 
4.15 	applies only to offenders who are discharged from sentence or court supervision for a 
4.16 	crime of violence on or after August 1, 1993.

4.17 	Sec. 3. Minnesota Statutes 2008, section 624.713, is amended by adding a subdivision 
4.18 	to read:
4.19 		Subd. 4.Petition authorized to restore ability of committed persons to possess 
4.20 	firearm. A person prohibited from possessing a firearm under subdivision 1, clause 
4.21 	(3), (5), or (10), item (iv), due to confinement or commitment resulting from a judicial 
4.22 	determination that the person was mentally ill, developmentally disabled, mentally ill and 
4.23 	dangerous, or chemically dependent may petition a court to restore the person's ability 
4.24 	to possess a firearm. The court may grant the relief sought if the person shows that the 
4.25 	person no longer suffers from the condition that led to the confinement or commitment, 
4.26 	that the person is not likely to act in a manner that is dangerous to public safety, and that 
4.27 	the granting of the relief sought is not contrary to the public interest.