HF 493

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/13/2025 02:43 p.m.

A bill for an act
relating to public safety; modifying prohibition on transferring certain firearms to
persons who are ineligible to possess firearms; amending Minnesota Statutes 2024,
section 624.7141, subdivision 1; repealing Minnesota Statutes 2024, section
624.7141, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 624.7141, subdivision 1, is amended to read:

Subdivision 1.

Transfer prohibited.

deleted text begin (a) deleted text end A person is guilty of a felony and may be
sentenced to imprisonment for up to two years and to payment of a fine of not more than
$10,000 if the person intentionally transfers a deleted text begin firearm deleted text end new text begin pistol or semiautomatic military-style
assault weapon new text end to another and the person knows or reasonably should know that the
transferee:

(1) has been denied a permit to carry under section 624.714 because the transferee is
not eligible under section 624.713 to possess a pistol or semiautomatic military-style assault
weapon deleted text begin or any other firearm deleted text end ;

(2) has been found ineligible to possess a pistol or semiautomatic military-style assault
weapon by a chief of police or sheriff as a result of an application for a transferee permit
or a transfer report; or

(3) is disqualified under section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon deleted text begin or any other firearm deleted text end .

deleted text begin (b) Paragraph (a) does not apply to the transfer of a firearm other than a pistol or
semiautomatic military-style assault weapon to a person under the age of 18 who is not
disqualified from possessing any other firearm.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, section 624.7141, subdivision 4, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end

APPENDIX

Repealed Minnesota Statutes: 25-03539

624.7141 TRANSFER TO INELIGIBLE PERSON.

Subd. 4.

Affirmative defense.

(a) As used in this subdivision, "family or household member" has the meaning given in section 518B.01, subdivision 2, paragraph (b).

(b) If proven by clear and convincing evidence, it is an affirmative defense to a violation of this section that the defendant was a family or household member of the transferee and committed the violation only under compulsion by the transferee who, by explicit or implicit threats or other acts, created a reasonable apprehension in the mind of the defendant that the refusal of the defendant to participate in the violation would result in the transferee inflicting substantial bodily harm or death on the defendant or a family or household member of the defendant.

(c) The fact finder may consider any evidence of past acts that would constitute domestic abuse, domestic or nondomestic assault, criminal sexual conduct, sexual extortion, sex trafficking, labor trafficking, harassment or stalking, or any other crime that is a crime of violence as defined in section 624.712, subdivision 5, or threats to commit any of these crimes by the transferee toward the defendant or another when determining if the defendant has proven the affirmative defense. Past prosecution is not required for the fact finder to consider evidence of these acts. Nothing in this paragraph limits the ability of the fact finder to consider other relevant evidence when determining if the defendant has proven the affirmative defense.