SF 4294

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 04/08/2026 10:38 a.m.

A bill for an act
relating to public safety; establishing a uniform procedure for imposition,
implementation, and oversight of firearm restrictions resulting from certain criminal
convictions and judicial orders; amending Minnesota Statutes 2024, sections
260C.201, subdivision 3; 518B.01, subdivisions 6, 14; 609.2242, subdivision 3;
609.749, subdivision 8; 629.715, subdivision 2; Minnesota Statutes 2025
Supplement, sections 260C.141, subdivision 1; 518B.01, subdivision 4; proposing
coding for new law in Minnesota Statutes, chapter 518B.

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

Section 1.

Minnesota Statutes 2025 Supplement, section 260C.141, subdivision 1, is
amended to read:

Subdivision 1.

Who may file; required form.

(a) Any reputable person, including but
not limited to any agent of the commissioner of children, youth, and families, having
knowledge of a child in this state or of a child who is a resident of this state, who appears
to be in need of protection or services or neglected and in foster care, may petition the
juvenile court in the manner provided in this section.

(b) A petition for a child in need of protection filed by an individual who is not a county
attorney or an agent of the commissioner of children, youth, and families shall be filed on
a form developed by the state court administrator and provided to court administrators.
Copies of the form may be obtained from the court administrator in each county. The court
administrator shall review the petition before it is filed to determine that it is completed.
The court administrator may reject the petition if it does not indicate that the petitioner has
contacted the responsible social services agency.

An individual may file a petition under this subdivision without seeking internal review
of the responsible social services agency's decision. The court shall determine whether there
is probable cause to believe that a need for protection or services exists before the matter
is set for hearing. If the matter is set for hearing, the court administrator shall notify the
responsible social services agency by sending notice to the county attorney.

The petition must contain:

(1) a statement of facts that would establish, if proven, that there is a need for protection
or services for the child named in the petition;

(2) a statement that petitioner has reported the circumstances underlying the petition to
the responsible social services agency, and protection or services were not provided to the
child;

(3) a statement whether there are existing juvenile or family court custody orders or
pending proceedings in juvenile or family court concerning the child;

(4) a statement of the relationship of the petitioner to the child and any other parties;
deleted text begin and
deleted text end

(5) a statement whether the petitioner has inquired of the parent or parents of the child,
the child, and relatives about the child's heritage, including the child's Tribal lineage pursuant
to section 260.761 and the child's race, culture, and ethnicity pursuant to section 260.63,
subdivision 10 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (6) a description, to the best of the petitioner's knowledge, of the types and locations of
any firearms believed by the petitioner to be possessed by the abusing party or otherwise
in the home of the child, if the abusing party lives with the child.
new text end

The court may not allow a petition to proceed under this paragraph if it appears that the
sole purpose of the petition is to modify custody between the parents. new text begin A court may not
dismiss a petition if the petitioner does not provide a description of firearms or the locations
of firearms owned by the respondent as required in clause (6).
new text end

Sec. 2.

Minnesota Statutes 2024, section 260C.201, subdivision 3, is amended to read:

Subd. 3.

Domestic child abuse.

(a) If the court finds that the child is a victim of domestic
child abuse, as defined in section 260C.007, subdivision 13, it may order any of the following
dispositions of the case in addition to or as alternatives to the dispositions authorized under
subdivision 1:

(1) restrain any party from committing acts of domestic child abuse;

(2) exclude the abusing party from the dwelling which the family or household members
share or from the residence of the child;

(3) on the same basis as is provided in chapter 518, establish temporary visitation with
regard to minor children of the adult family or household members;

(4) on the same basis as is provided in chapter 518 or 518A, establish temporary support
or maintenance for a period of 30 days for minor children or a spouse;

(5) provide counseling or other social services for the family or household members; or

(6) order the abusing party to participate in treatment or counseling services.

Any relief granted by the order for protection shall be for a fixed period not to exceed
one year.

(b) No order excluding the abusing party from the dwelling may be issued unless the
court finds that:

(1) the order is in the best interests of the child or children remaining in the dwelling;

(2) a remaining adult family or household member is able to care adequately for the
child or children in the absence of the excluded party; and

(3) the local welfare agency has developed a plan to provide appropriate social services
to the remaining family or household members.

(c) Upon a finding that the remaining parent is able to care adequately for the child and
enforce an order excluding the abusing party from the home and that the provision of
supportive services by the responsible social services agency is no longer necessary, the
responsible social services agency may be dismissed as a party to the proceedings. Orders
entered regarding the abusing party remain in full force and effect and may be renewed by
the remaining parent as necessary for the continued protection of the child for specified
periods of time, not to exceed one year.

(d) An order granting relief that was issued after a hearing of which the abusing party
received actual notice and at which the abusing party had the opportunity to participate,
shall prohibit the abusing party from possessing firearms for the length the order is in effect
if the order (1) restrains the abusing party from harassing, stalking, or threatening the child
or restrains the abusing party from engaging in other conduct that would place the child in
reasonable fear of bodily injury, and (2) includes a finding that the abusing party represents
a credible threat to the physical safety of the child or prohibits the abusing party from using,
attempting to use, or threatening to use physical force against the child. The order shall
inform the abusing party of that party's prohibited status. Except as provided in paragraph
deleted text begin (f) deleted text end new text begin (e) new text end , the court shall order the abusing party to transfer any firearms that the person
possesses deleted text begin , within three business days, to a federally licensed firearms dealer, a law
enforcement agency, or a third party who may lawfully receive them. The transfer may be
permanent or temporary. A temporary firearm transfer only entitles the receiving party to
possess the firearm. A temporary transfer does not transfer ownership or title. An abusing
party may not transfer firearms to a third party who resides with the abusing party. If an
abusing party makes a temporary transfer, a federally licensed firearms dealer or law
enforcement agency may charge the abusing party a reasonable fee to store the person's
firearms and may establish policies for disposal of abandoned firearms, provided such
policies require that the person be notified via certified mail prior to disposal of abandoned
firearms. For temporary firearms transfers under this paragraph, a law enforcement agency,
federally licensed firearms dealer, or third party shall exercise due care to preserve the
quality and function of the transferred firearms and shall return the transferred firearms to
the person upon request after the expiration of the prohibiting time period, provided the
person is not otherwise prohibited from possessing firearms under state or federal law. The
return of temporarily transferred firearms to an abusing party shall comply with state and
federal law. If an abusing party permanently transfers the abusing party's firearms to a law
enforcement agency, the agency is not required to compensate the abusing party and may
charge the abusing party a reasonable processing fee. A law enforcement agency is not
required to accept an abusing party's firearm under this paragraph. deleted text end new text begin as provided for in section
518B.03 and direct the abusing party to surrender all permits to carry and purchase firearms
to the court. If the court does not take immediate possession of an abusing party's permit
to carry or permit to purchase, the abusing party must surrender the permits to the chief law
enforcement officer who issued the permit as required under sections 624.714, subdivision
8, and 624.7131, subdivision 7. If the abusing party surrenders their permits to the chief
law enforcement officer, the person must declare that in the proof of transfer or declaration
of nonpossession required under section 518B.03, subdivision 3.
new text end

deleted text begin (e) An abusing party who is ordered to transfer firearms under paragraph (d) must file
proof of transfer as provided for in this paragraph. If the transfer is made to a third party,
the third party must sign an affidavit under oath before a notary public either acknowledging
that the abusing party permanently transferred the abusing party's firearms to the third party
or agreeing to temporarily store the abusing party's firearms until such time as the abusing
party is legally permitted to possess firearms. The affidavit shall indicate the serial number,
make, and model of all firearms transferred by the abusing party to the third party. The third
party shall acknowledge in the affidavit that the third party may be held criminally and
civilly responsible under section 624.7144 if the abusing party gains access to a transferred
firearm while the firearm is in the custody of the third party. If the transfer is to a law
enforcement agency or federally licensed firearms dealer, the law enforcement agency or
federally licensed firearms dealer shall provide proof of transfer to the abusing party. The
proof of transfer must specify whether the firearms were permanently or temporarily
transferred and include the name of the abusing party, date of transfer, and the serial number,
make, and model of all transferred firearms. The abusing party shall provide the court with
a signed and notarized affidavit or proof of transfer as described in this section within two
business days of the firearms transfer. The court shall seal affidavits and proofs of transfer
filed pursuant to this paragraph.
deleted text end

deleted text begin (f) deleted text end new text begin (e) new text end When a court issues an order containing a firearms restriction provided for in
paragraph (d), the court shall determine by a preponderance of evidence if an abusing party
poses an imminent risk of causing another person substantial bodily harm. Upon a finding
of imminent risk, the court shall order that the local law enforcement agency take immediate
possession of all firearms in the abusing party's possession. deleted text begin The local law enforcement
agency shall exercise due care to preserve the quality and function of the abusing party's
firearms and shall return the firearms to the person upon request after the expiration of the
prohibiting time period, provided the person is not otherwise prohibited from possessing
firearms under state or federal law. The local law enforcement agency shall, upon written
notice from the abusing party, transfer the firearms to a federally licensed firearms dealer
or a third party who may lawfully receive them. Before a local law enforcement agency
transfers a firearm under this paragraph, the agency shall require the third party or federally
licensed firearms dealer receiving the firearm to submit an affidavit or proof of transfer that
complies with the requirements for affidavits or proofs of transfer established in paragraph
(e). The agency shall file all affidavits or proofs of transfer received with the court within
two business days of the transfer. The court shall seal all affidavits or proofs of transfer
filed pursuant to this paragraph. A federally licensed firearms dealer or third party who
accepts a firearm transfer pursuant to this paragraph shall comply with paragraphs (d) and
(e) as if accepting transfer from the abusing party. If the law enforcement agency does not
receive written notice from the abusing party within three business days, the agency may
charge a reasonable fee to store the abusing party's firearms. A law enforcement agency
may establish policies for disposal of abandoned firearms, provided such policies require
that the abusing party be notified via certified mail prior to disposal of abandoned firearms.
deleted text end

Sec. 3.

Minnesota Statutes 2025 Supplement, section 518B.01, subdivision 4, is amended
to read:

Subd. 4.

Order for protection.

There shall exist an action known as a petition for an
order for protection in cases of domestic abuse.

(a) A petition for relief under this section may be made by any family or household
member personally or by a family or household member, a guardian as defined in section
524.1-201, clause (28), or, if the court finds that it is in the best interests of the minor, by
a reputable adult age 25 or older on behalf of minor family or household members. A minor
age 16 or older may make a petition on the minor's own behalf against a spouse or former
spouse, or a person with whom the minor has a child in common, if the court determines
that the minor has sufficient maturity and judgment and that it is in the best interests of the
minor.

(b) A petition for relief shall allege the existence of domestic abuse, and shall be
accompanied by an affidavit made under oath stating the specific facts and circumstances
from which relief is sought.

(c) A petition for relief must state whether the petitioner has ever had an order for
protection in effect against the respondent.

(d) A petition for relief must state whether there is an existing order for protection in
effect under this chapter governing both the parties and whether there is a pending lawsuit,
complaint, petition or other action between the parties under chapter 257, 518, 518A, 518B,
or 518C. The court administrator shall verify the terms of any existing order governing the
parties. The court may not delay granting relief because of the existence of a pending action
between the parties or the necessity of verifying the terms of an existing order. A subsequent
order in a separate action under this chapter may modify only the provision of an existing
order that grants relief authorized under subdivision 6, paragraph (a), clause (1). A petition
for relief may be granted, regardless of whether there is a pending action between the parties.

new text begin (e) A petition for relief must describe, to the best of the petitioner's knowledge, the types
and locations of any firearms believed by the petitioner to be possessed by the respondent.
A court may not dismiss a petition if the petitioner does not provide a description of firearms
or the locations of firearms owned by the respondent.
new text end

deleted text begin (e) deleted text end new text begin (f) new text end A petition for relief must state whether the petitioner has any minor children and,
if so, must provide the name of any custodian of the minor children and must identify the
location or residence of the custodian. If any custodian is a program participant as defined
in section 5B.02, paragraph (g), the location or residence of the custodian is the address
designated by the secretary of state as the address of the program participant. A petition
must not be rejected or denied for failure to identify any custodian.

deleted text begin (f) deleted text end new text begin (g) new text end The court shall provide simplified forms and clerical assistance to help with the
writing and filing of a petition under this section.

deleted text begin (g) deleted text end new text begin (h) new text end The court shall advise a petitioner under paragraph deleted text begin (f) deleted text end new text begin (g) new text end of the right to file a
motion and affidavit and to sue in forma pauperis pursuant to section 563.01 and shall assist
with the writing and filing of the motion and affidavit.

deleted text begin (h) deleted text end new text begin (i) new text end The court shall advise a petitioner under paragraph deleted text begin (f) deleted text end new text begin (g) new text end of the right to serve the
respondent by published notice under subdivision 5, paragraph (b), if the respondent is
avoiding personal service by concealment or otherwise, and shall assist with the writing
and filing of the affidavit.

deleted text begin (i) deleted text end new text begin (j) new text end The court shall advise the petitioner of the right to seek restitution under the petition
for relief.

deleted text begin (j) deleted text end new text begin (k) new text end The court shall advise the petitioner of the right to request a hearing under
subdivision 7, paragraph (c). If the petitioner does not request a hearing, the court shall
advise the petitioner that the respondent may request a hearing and that notice of the hearing
date and time will be provided to the petitioner and the custodian of any of the petitioner's
minor children by mail at least five days before the hearing.

deleted text begin (k) deleted text end new text begin (l) new text end The court shall advise the petitioner of the right to request supervised parenting
time, as provided in section 518.175, subdivision 1a.

Sec. 4.

Minnesota Statutes 2024, section 518B.01, subdivision 6, is amended to read:

Subd. 6.

Relief by court.

(a) Upon notice and hearing, the court may provide relief as
follows:

(1) restrain the abusing party from committing acts of domestic abuse;

(2) exclude the abusing party from the dwelling which the parties share or from the
residence of the petitioner;

(3) exclude the abusing party from a reasonable area surrounding the dwelling or
residence, which area shall be described specifically in the order;

(4) award temporary custody or establish temporary parenting time with regard to minor
children of the parties on a basis which gives primary consideration to the safety of the
victim and the children. In addition to the primary safety considerations, the court may
consider particular best interest factors that are found to be relevant to the temporary custody
and parenting time award. Findings under section 257.025, 518.17, or 518.175 are not
required with respect to the particular best interest factors not considered by the court. If
the court finds that the safety of the victim or the children will be jeopardized by unsupervised
or unrestricted parenting time, the court shall condition or restrict parenting time as to time,
place, duration, or supervision, or deny parenting time entirely, as needed to guard the safety
of the victim and the children. The court's decision on custody and parenting time shall in
no way delay the issuance of an order for protection granting other relief provided for in
this section. The court must not enter a parenting plan under section 518.1705 as part of an
action for an order for protection;

(5) on the same basis as is provided in chapter 518 or 518A, establish temporary support
for minor children or a spouse, and order the withholding of support from the income of
the person obligated to pay the support according to chapter 518A;

(6) provide upon request of the petitioner counseling or other social services for the
parties, if married, or if there are minor children;

(7) order the abusing party to participate in treatment or counseling services, including
requiring the abusing party to successfully complete a domestic abuse counseling program
or educational program under section 518B.02;

(8) award temporary use and possession of property and restrain one or both parties from
transferring, encumbering, concealing, or disposing of property except in the usual course
of business or for the necessities of life, and to account to the court for all such transfers,
encumbrances, dispositions, and expenditures made after the order is served or communicated
to the party restrained in open court;

(9) exclude the abusing party from the place of employment of the petitioner, or otherwise
limit access to the petitioner by the abusing party at the petitioner's place of employment;

(10) order the abusing party to have no contact with the petitioner whether in person,
by telephone, mail, or electronic mail or messaging, through a third party, or by any other
means;

(11) order the abusing party to pay restitution to the petitioner;

(12) order the continuance of all currently available insurance coverage without change
in coverage or beneficiary designation;

(13) order, in its discretion, other relief as it deems necessary for the protection of a
family or household member, including orders or directives to the sheriff or other law
enforcement or corrections officer as provided by this section;

(14) direct the care, possession, or control of a pet or companion animal owned,
possessed, or kept by the petitioner or respondent or a child of the petitioner or respondent;
and

(15) direct the respondent to refrain from physically abusing or injuring any pet or
companion animal, without legal justification, known to be owned, possessed, kept, or held
by either party or a minor child residing in the residence or household of either party as an
indirect means of intentionally threatening the safety of such person.

(b) Any relief granted by the order for protection shall be for a period not to exceed two
years, except when the court determines a longer period is appropriate. When a referee
presides at the hearing on the petition, the order granting relief becomes effective upon the
referee's signature.

(c) An order granting the relief authorized in paragraph (a), clause (1), may not be vacated
or modified in a proceeding for dissolution of marriage or legal separation, except that the
court may hear a motion for modification of an order for protection concurrently with a
proceeding for dissolution of marriage upon notice of motion and motion. The notice required
by court rule shall not be waived. If the proceedings are consolidated and the motion to
modify is granted, a separate order for modification of an order for protection shall be issued.

(d) An order granting the relief authorized in paragraph (a), clause (2) or (3), is not
voided by the admittance of the abusing party into the dwelling from which the abusing
party is excluded.

(e) If a proceeding for dissolution of marriage or legal separation is pending between
the parties, the court shall provide a copy of the order for protection to the court with
jurisdiction over the dissolution or separation proceeding for inclusion in its file.

(f) An order for restitution issued under this subdivision is enforceable as civil judgment.

(g) An order granting relief shall prohibit the abusing party from possessing firearms
for the length the order is in effect if the order (1) restrains the abusing party from harassing,
stalking, or threatening the petitioner or restrains the abusing party from engaging in other
conduct that would place the petitioner in reasonable fear of bodily injury, and (2) includes
a finding that the abusing party represents a credible threat to the physical safety of the
petitioner or prohibits the abusing party from using, attempting to use, or threatening to use
physical force against the petitioner. The order shall inform the abusing party of that party's
prohibited status. Except as provided in paragraph deleted text begin (i) deleted text end new text begin (h) new text end , the court shall order the abusing
party to transfer any firearms that the person possesses deleted text begin , within three business days, to a
federally licensed firearms dealer, a law enforcement agency, or a third party who may
lawfully receive them. The transfer may be permanent or temporary. A temporary firearm
transfer only entitles the receiving party to possess the firearm. A temporary transfer does
not transfer ownership or title. An abusing party may not transfer firearms to a third party
who resides with the abusing party. If an abusing party makes a temporary transfer, a
federally licensed firearms dealer or law enforcement agency may charge the abusing party
a reasonable fee to store the person's firearms and may establish policies for disposal of
abandoned firearms, provided such policies require that the person be notified via certified
mail prior to disposal of abandoned firearms. For temporary firearms transfers under this
paragraph, a law enforcement agency, federally licensed firearms dealer, or third party shall
exercise due care to preserve the quality and function of the transferred firearms and shall
return the transferred firearms to the person upon request after the expiration of the
prohibiting time period, provided the person is not otherwise prohibited from possessing
firearms under state or federal law. The return of temporarily transferred firearms to an
abusing party shall comply with state and federal law. If an abusing party permanently
transfers the abusing party's firearms to a law enforcement agency, the agency is not required
to compensate the abusing party and may charge the abusing party a reasonable processing
fee. A law enforcement agency is not required to accept an abusing party's firearm under
this paragraph. deleted text end new text begin as provided for in section 518B.03 and direct the person to surrender all
permits to carry and purchase firearms to the court. If the court does not take immediate
possession of an abusing party's permit to carry or permit to purchase, the abusing party
must surrender the permits to the chief law enforcement officer who issued the permit as
required under sections 624.714, subdivision 8, and 624.7131, subdivision 7. If the abusing
party surrenders their permits to the chief law enforcement officer, the person must declare
that in the proof of transfer or declaration of nonpossession required under section 518B.03,
subdivision 3.
new text end

deleted text begin (h) An abusing party who is ordered to transfer firearms under paragraph (g) must file
proof of transfer as provided for in this paragraph. If the transfer is made to a third party,
the third party must sign an affidavit under oath before a notary public either acknowledging
that the abusing party permanently transferred the abusing party's firearms to the third party
or agreeing to temporarily store the abusing party's firearms until such time as the abusing
party is legally permitted to possess firearms. The affidavit shall indicate the serial number,
make, and model of all firearms transferred by the abusing party to the third party. The third
party shall acknowledge in the affidavit that the third party may be held criminally and
civilly responsible under section 624.7144 if the abusing party gains access to a transferred
firearm while the firearm is in the custody of the third party. If the transfer is to a law
enforcement agency or federally licensed firearms dealer, the law enforcement agency or
federally licensed firearms dealer shall provide proof of transfer to the abusing party. The
proof of transfer must specify whether the firearms were permanently or temporarily
transferred and include the name of the abusing party, date of transfer, and the serial number,
make, and model of all transferred firearms. The abusing party shall provide the court with
a signed and notarized affidavit or proof of transfer as described in this section within two
business days of the firearms transfer. The court shall seal affidavits and proofs of transfer
filed pursuant to this paragraph.
deleted text end

deleted text begin (i) deleted text end new text begin (h) new text end When a court issues an order containing a firearms restriction provided for in
paragraph (g), the court shall determine by a preponderance of evidence if an abusing party
poses an imminent risk of causing another person substantial bodily harm. Upon a finding
of imminent risk, the court shall order that the local law enforcement agency take immediate
possession of all firearms in the abusing party's possession. deleted text begin The local law enforcement
agency shall deleted text end deleted text begin exercise due care to preserve the quality and function of the abusing party's
firearms and shall return the firearms to the person upon request after the expiration of the
prohibiting time period, provided the person is not otherwise prohibited from possessing
firearms under state or federal law. The local law enforcement agency shall, upon written
notice from the abusing party, transfer the firearms to a federally licensed firearms dealer
or a third party who may lawfully receive them. Before a local law enforcement agency
transfers a firearm under this paragraph, the agency shall require the third party or federally
licensed firearms dealer receiving the firearm to submit an affidavit or proof of transfer that
complies with the requirements for affidavits or proofs of transfer established in paragraph
(h). The agency shall file all affidavits or proofs of transfer received with the court within
two business days of the transfer. The court shall seal all affidavits or proofs of transfer
filed pursuant to this paragraph. A federally licensed firearms dealer or third party who
accepts a firearm transfer pursuant to this paragraph shall comply with paragraphs (g) and
(h) as if accepting transfer from the abusing party. If the law enforcement agency does not
receive written notice from the abusing party within three business days, the agency may
charge a reasonable fee to store the abusing party's firearms. A law enforcement agency
may establish policies for disposal of abandoned firearms, provided such policies require
that the abusing party be notified via certified mail prior to disposal of abandoned firearms.
deleted text end

Sec. 5.

Minnesota Statutes 2024, section 518B.01, subdivision 14, is amended to read:

Subd. 14.

Violation of an order for protection.

(a) A person who violates an order for
protection issued by a judge or referee is subject to the penalties provided in paragraphs (b)
to (d).

(b) Except as otherwise provided in paragraphs (c) and (d), whenever an order for
protection is granted by a judge or referee or pursuant to a similar law of another state, the
United States, the District of Columbia, tribal lands, United States territories, Canada, or a
Canadian province, and the respondent or person to be restrained knows of the existence
of the order, violation of the order for protection is a misdemeanor. Upon a misdemeanor
conviction under this paragraph, the defendant must be sentenced to a minimum of three
days imprisonment and must be ordered to participate in counseling or other appropriate
programs selected by the court. If the court stays imposition or execution of the jail sentence
and the defendant refuses or fails to comply with the court's treatment order, the court must
impose and execute the stayed jail sentence. A violation of an order for protection shall also
constitute contempt of court and be subject to the penalties provided in chapter 588.

(c) A person is guilty of a gross misdemeanor who violates this subdivision within ten
years of a previous qualified domestic violence-related offense conviction or adjudication
of delinquency. Upon a gross misdemeanor conviction under this paragraph, the defendant
must be sentenced to a minimum of ten days imprisonment and must be ordered to participate
in counseling or other appropriate programs selected by the court. Notwithstanding section
609.135, the court must impose and execute the minimum sentence provided in this paragraph
for gross misdemeanor convictions.

(d) A person is guilty of a felony and may be sentenced to imprisonment for not more
than five years or to payment of a fine of not more than $10,000, or both, if the person
violates this subdivision:

(1) within ten years of the first of two or more previous qualified domestic
violence-related offense convictions or adjudications of delinquency; or

(2) while possessing a dangerous weapon, as defined in section 609.02, subdivision 6.

Upon a felony conviction under this paragraph in which the court stays imposition or
execution of sentence, the court shall impose at least a 30-day period of incarceration as a
condition of probation. The court also shall order that the defendant participate in counseling
or other appropriate programs selected by the court. Notwithstanding section 609.135, the
court must impose and execute the minimum sentence provided in this paragraph for felony
convictions.

(e) A peace officer shall arrest without a warrant and take into custody a person whom
the peace officer has probable cause to believe has violated an order granted pursuant to
this section or a similar law of another state, the United States, the District of Columbia,
tribal lands, United States territories, Canada, or a Canadian province restraining the person
or excluding the person from the residence or the petitioner's place of employment, even if
the violation of the order did not take place in the presence of the peace officer, if the
existence of the order can be verified by the officer. The probable cause required under this
paragraph includes probable cause that the person knows of the existence of the order. If
the order has not been served, the officer shall immediately serve the order whenever
reasonably safe and possible to do so. An order for purposes of this subdivision, includes
the short-form order described in subdivision 8a. When the order is first served upon the
person at a location at which, under the terms of the order, the person's presence constitutes
a violation, the person shall not be arrested for violation of the order without first being
given a reasonable opportunity to leave the location in the presence of the peace officer. A
person arrested under this paragraph shall be held in custody for at least 36 hours, excluding
the day of arrest, Sundays, and holidays, unless the person is released earlier by a judge or
judicial officer. A peace officer acting in good faith and exercising due care in making an
arrest pursuant to this paragraph is immune from civil liability that might result from the
officer's actions.

(f) If the court finds that the respondent has violated an order for protection and that
there is reason to believe that the respondent will commit a further violation of the provisions
of the order restraining the respondent from committing acts of domestic abuse or excluding
the respondent from the petitioner's residence, the court may require the respondent to
acknowledge an obligation to comply with the order on the record. The court may require
a bond sufficient to deter the respondent from committing further violations of the order
for protection, considering the financial resources of the respondent, and not to exceed
$10,000. If the respondent refuses to comply with an order to acknowledge the obligation
or post a bond under this paragraph, the court shall commit the respondent to the county
jail during the term of the order for protection or until the respondent complies with the
order under this paragraph. The warrant must state the cause of commitment, with the sum
and time for which any bond is required. If an order is issued under this paragraph, the court
may order the costs of the contempt action, or any part of them, to be paid by the respondent.
An order under this paragraph is appealable.

(g) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested
party designated by the court, alleging that the respondent has violated any order for
protection granted pursuant to this section or a similar law of another state, the United States,
the District of Columbia, tribal lands, United States territories, Canada, or a Canadian
province, the court may issue an order to the respondent, requiring the respondent to appear
and show cause within 14 days why the respondent should not be found in contempt of
court and punished therefor. The hearing may be held by the court in any county in which
the petitioner or respondent temporarily or permanently resides at the time of the alleged
violation, or in the county in which the alleged violation occurred, if the petitioner and
respondent do not reside in this state. The court also shall refer the violation of the order
for protection to the appropriate prosecuting authority for possible prosecution under
paragraph (b), (c), or (d).

(h) If it is alleged that the respondent has violated an order for protection issued under
subdivision 6 or a similar law of another state, the United States, the District of Columbia,
tribal lands, United States territories, Canada, or a Canadian province, and the court finds
that the order has expired between the time of the alleged violation and the court's hearing
on the violation, the court may grant a new order for protection under subdivision 6 based
solely on the respondent's alleged violation of the prior order, to be effective until the hearing
on the alleged violation of the prior order. If the court finds that the respondent has violated
the prior order, the relief granted in the new order for protection shall be extended for a
fixed period, not to exceed one year, except when the court determines a longer fixed period
is appropriate.

(i) The admittance into petitioner's dwelling of an abusing party excluded from the
dwelling under an order for protection is not a violation by the petitioner of the order for
protection.

A peace officer is not liable under section 609.43, clause (1), for a failure to perform a
duty required by paragraph (e).

(j) When a person is convicted under paragraph (b) or (c) of violating an order for
protection and the court determines that the person used a firearm in any way during
commission of the violation, the court may order that the person is prohibited from possessing
any type of firearm for any period longer than three years or for the remainder of the person's
life. A person who violates this paragraph is guilty of a gross misdemeanor. At the time of
the conviction, the court shall inform the defendant whether and for how long the defendant
is prohibited from possessing a firearm and that it is a gross misdemeanor to violate this
paragraph. The failure of the court to provide this information to a defendant does not affect
the applicability of the firearm possession prohibition or the gross misdemeanor penalty to
that defendant.

(k) Except as otherwise provided in paragraph (j), when a person is convicted under
paragraph (b) or (c) of violating an order for protection, the court shall inform the defendant
that the defendant is prohibited from possessing deleted text begin a pistol deleted text end new text begin firearms new text end for three years from the
date of conviction and that it is a gross misdemeanor offense to violate this prohibition. The
failure of the court to provide this information to a defendant does not affect the applicability
of the deleted text begin pistol deleted text end new text begin firearms new text end possession prohibition or the gross misdemeanor penalty to that
defendant.

(l) Except as otherwise provided in paragraph (j), a person is not entitled to possess deleted text begin a
pistol deleted text end new text begin firearms new text end if the person has been convicted under paragraph (b) or (c) after August 1,
1996, of violating an order for protection, unless three years have elapsed from the date of
conviction and, during that time, the person has not been convicted of any other violation
of this section. Property rights may not be abated but access may be restricted by the courts.
A person who possesses a deleted text begin pistol deleted text end new text begin firearm new text end in violation of this paragraph is guilty of a gross
misdemeanor.

(m) If the court determines that a person convicted under paragraph (b) or (c) of violating
an order for protection owns or possesses a firearm and used it in any way during the
commission of the violation, it shall order that the firearm new text begin and all other firearms possessed
by the person new text end be summarily forfeited under section 609.5316, subdivision 3.

Sec. 6.

new text begin [518B.03] TRANSFER OF FIREARMS FROM CERTAIN PROHIBITED
PERSONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Local law enforcement agency" means the organized full-time police department
of the municipality in which the subject resides or the county sheriff if there is no such
police department.
new text end

new text begin (c) "Subject" means a person who is subject to a court order prohibiting the person from
possessing firearms issued pursuant to section 260C.201, 518B.01, 609.2242, 609.749, or
629.715.
new text end

new text begin (d) "Transfer order" is a court order requiring that a person transfer any firearms that
the person possesses to comply with a firearms prohibition imposed pursuant to section
260C.201, 518B.01, 609.2242, 609.749, or 629.715.
new text end

new text begin Subd. 2. new text end

new text begin Transfer of firearms; documentation; storage; disposal. new text end

new text begin (a) Firearm transfers
ordered pursuant to section 260C.201, 518B.01, 609.2242, 609.749, or 629.715 must comply
with this section.
new text end

new text begin (b) Upon issuance of a transfer order, the court must order the subject to transfer any
firearms the person possesses or owns as soon as reasonably practicable to a federally
licensed firearms dealer, the local law enforcement agency, or a third party who may lawfully
receive them. The court shall impose a deadline for the subject to comply with the transfer
order that takes into account the subject's custody status and the location of the subject's
firearms. Transfers may be permanent or temporary except that transfers required pursuant
to a lifetime firearms ban are permanent. A temporary firearm transfer only entitles the
receiving party to possess the firearm and does not transfer ownership or title. If the subject
elects to transfer the subject's firearms to the local law enforcement agency, the agency
must accept the transfer. The subject may not transfer firearms to a third party who resides
with the subject.
new text end

new text begin (c) A transfer to a third party must be completed at the local law enforcement agency
and either supervised by a peace officer employed by the agency or conducted in a safe
zone provided by the agency that is under video surveillance. The subject shall provide at
least 24-hour notice to the local law enforcement agency of the date and time of a transfer
to a third party. The subject must document the date and time of a third party transfer on
the required proof of transfer. If the third party transfer is supervised by a peace officer, the
supervising peace officer must sign the subject's proof of transfer as an attestation that the
transfer was completed.
new text end

new text begin (d) A federally licensed firearms dealer or law enforcement agency may charge the
subject a reasonable fee to store temporarily transferred firearms. A person who does not
pay the storage fee for a temporary firearm transfer within 60 days of the firearm being
transferred is considered to have abandoned their firearm. Law enforcement agencies must
establish policies for disposal of permanently transferred and abandoned firearms. These
policies must require that the subject be notified via certified mail prior to disposal of
abandoned firearms. A dealer must notify the subject via certified mail prior to disposing
of an abandoned firearm. A law enforcement agency may destroy all permanently transferred
and abandoned firearms. For temporary firearm transfers under this subdivision, a law
enforcement agency or federally licensed firearms dealer must exercise due care to preserve
the quality and function of the transferred firearms. If a subject permanently transfers the
person's firearms to a law enforcement agency, the agency is not required to compensate
the subject and may charge the subject a reasonable processing fee.
new text end

new text begin (e) A law enforcement agency or federally licensed firearms dealer that accepted a
temporary firearm transfer under this section must return the firearms to the subject upon
request after the expiration of the prohibiting time period, provided the subject is not
otherwise prohibited from possessing firearms under state or federal law. The return of
temporarily transferred firearms to a subject must comply with state and federal law. A third
party may not return to the subject a firearm transferred under this section until the subject
is eligible to possess firearms, and the return transfer must comply with section 624.7134.
new text end

new text begin (f) A law enforcement agency shall be immune from civil or criminal liability for any
damage or deterioration of firearms, ammunition, or weapons stored or transported pursuant
to this section. This paragraph shall not apply if the damage or deterioration occurred as a
result of recklessness, gross negligence, or intentional misconduct by the law enforcement
agency.
new text end

new text begin Subd. 3. new text end

new text begin Proof of transfer; filing. new text end

new text begin (a) The subject must file proof of transfer or a
declaration of nonpossession as provided for in this subdivision.
new text end

new text begin (b) A law enforcement agency, federally licensed firearms dealer, or third party accepting
transfer of a firearm pursuant to this section must provide proof of transfer to the subject.
The proof of transfer must specify whether the firearms were permanently or temporarily
transferred and must include the name of the subject, the date of transfer, and the serial
number, manufacturer, and model of all transferred firearms. If transfer is made to a federally
licensed firearms dealer, the subject must, within two business days after being served with
the order, file a copy of the proof of transfer with the court and attest that all firearms owned
or possessed at the time of the order have been transferred in accordance with this section
and that the person currently does not possess any firearms.
new text end

new text begin (c) If a firearms transfer is made to a third party under this section, the third party must
sign an affidavit under oath before a notary public either acknowledging that the subject
permanently transferred the subject's firearms to the person or agreeing to temporarily store
the subject's firearms until the subject is legally permitted to possess firearms. To the extent
possible, the affidavit must indicate the serial number, make, and model of all firearms
transferred by the subject to the person. The subject must file the affidavit with the court.
new text end

new text begin (d) If the subject claims not to own or possess firearms, the subject must file a declaration
of nonpossession with the court attesting that, at the time of the order, the subject neither
owned nor possessed any firearms and that the subject currently neither owns nor possesses
any firearms.
new text end

new text begin (e) Upon written notice from the subject, a law enforcement agency that temporarily
possesses the subject's firearms must transfer the firearms to a federally licensed firearms
dealer or a third party who is eligible to possess firearms and does not reside with the subject.
Before a law enforcement agency transfers a firearm under this paragraph, the agency must
require the third party or federally licensed firearms dealer receiving the firearm to submit
an affidavit and proof of transfer based on the requirements of this subdivision. The agency
must file all affidavits and proofs of transfer with the court within two business days of
receiving the documents. A federally licensed firearms dealer who accepts a firearm transfer
pursuant to this paragraph must comply with subdivision 2, as if accepting transfer directly
from the subject.
new text end

new text begin (f) Except as provided for in paragraph (e), the subject is responsible for filing with the
court all affidavits, proofs of transfer, and declarations of nonpossession, and the court must
make the documents confidential.
new text end

new text begin (g) Nothing in this section limits the authority of a chief law enforcement officer, county
attorney, city attorney, or a family or household member from petitioning a court to impose
an extreme risk protection order prohibiting the subject from possessing firearms under
sections 624.7171 to 624.7178.
new text end

new text begin Subd. 4. new text end

new text begin Compliance hearing; arrest; sanctions; protections. new text end

new text begin (a) To ensure that all
firearms have been transferred, the court issuing a transfer order must hold a compliance
hearing within ten business days of issuing the order. The court may waive the hearing
requirement on its own motion or upon request of either the prosecutor or subject if the
court determines that the subject has complied with the transfer order, including filing of a
proof of transfer or affidavit of transfer, or otherwise submitted a credible declaration of
nonpossession.
new text end

new text begin (b) If the court finds that there is probable cause to believe that the subject is not in
compliance with a transfer order or fails to appear at a compliance hearing, the court must
take appropriate action under the circumstances, including but not limited to issuing a
warrant for the subject's arrest and notifying the chief law enforcement officer of the local
law enforcement agency of the subject's failure to comply with the court's order. The court
may also initiate a contempt proceeding under section 588.01, subdivision 3, to impose
remedial sanctions on its own motion, or upon the motion of the prosecutor, and issue an
order requiring the subject to appear, with additional sanctions for failure to appear; provide
proof of compliance with the order; and show cause why the subject should not be held in
contempt of court.
new text end

new text begin (c) The act of voluntarily surrendering firearms, providing testimony relating to the
surrender of firearms, or complying with a transfer order, and any information directly or
indirectly derived from such act or testimony, may not be used against the subject in any
criminal prosecution, except a prosecution for perjury, giving a false statement, or otherwise
failing to comply with the transfer order. Every transfer order must contain language
consistent with the statutory immunity set forth in this subdivision.
new text end

new text begin (d) If a subject invokes the privilege against self-incrimination at the time of issuance
of the order or at a subsequent hearing, the court may afford the subject an opportunity to
demonstrate that compliance with a transfer order would expose that person to a realistic
threat of self-incrimination in a subsequent or pending criminal proceeding. The court may
conduct this portion of the proceeding ex parte or receive evidence in camera, without the
presence of the prosecuting attorney.
new text end

new text begin (e) If the subject establishes such a realistic threat of self-incrimination regarding possible
criminal prosecution that is not addressed by the immunity from prosecution set forth in
paragraph (c), the court must afford the relevant prosecuting attorney an opportunity to offer
an immunity agreement tailored specifically to the firearms implicated by the potential
self-incrimination. To achieve the purposes of this section, any immunity offered must be
narrowly tailored to address any realistic threat of self-incrimination while ensuring that
any other firearms not implicated are surrendered.
new text end

new text begin (f) Any immunity from prosecution beyond the immunity set forth in paragraph (c) may
only be extended by the prosecuting attorney. If the prosecuting attorney declines to extend
immunity such that the subject cannot fully comply with the transfer order without facing
a realistic threat of self-incrimination, the court's order must provide for the surrender of
every firearm and firearm permit that does not implicate a realistic threat of
self-incrimination. The order's prohibition on firearms possession remains in effect.
new text end

new text begin (g) Nothing in this section shall be interpreted as diminishing the requirement that the
subject fully comply with the order issued by the court. The burden remains on the subject
to prove compliance.
new text end

Sec. 7.

Minnesota Statutes 2024, section 609.2242, subdivision 3, is amended to read:

Subd. 3.

Domestic assaults; firearms.

(a) When a person is convicted of a violation of
this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247, the court shall
determine and make written findings on the record as to whether:

(1) the assault was committed against a family or household member, as defined in
section 518B.01, subdivision 2;

(2) the defendant owns or possesses a firearm; and

(3) the firearm was used in any way during the commission of the assault.

(b) If the court determines that the assault was of a family or household member, and
that the offender owns or possesses a firearm and used it in any way during the commission
of the assault, it shall order that the firearm new text begin and all other firearms possessed by the person new text end
be summarily forfeited under section 609.5316, subdivision 3.

(c) When a person is convicted of assaulting a family or household member and is
determined by the court to have used a firearm in any way during commission of the assault,
the court may order that the person is prohibited from possessing any type of firearm for
any period longer than three years or for the remainder of the person's life. A person who
violates this paragraph is guilty of a gross misdemeanor. At the time of the conviction, the
court shall inform the defendant for how long the defendant is prohibited from possessing
a firearm and that it is a gross misdemeanor to violate this paragraph. The failure of the
court to provide this information to a defendant does not affect the applicability of the
firearm possession prohibition or the gross misdemeanor penalty to that defendant.

(d) Except as otherwise provided in paragraph (c), when a person is convicted of a
violation of this section or section 609.224 and the court determines that the victim was a
family or household member, the court shall inform the defendant that the defendant is
prohibited from possessing a firearm for three years from the date of conviction and that it
is a gross misdemeanor offense to violate this prohibition. The failure of the court to provide
this information to a defendant does not affect the applicability of the firearm possession
prohibition or the gross misdemeanor penalty to that defendant.

(e) Except as otherwise provided in paragraph (c), a person is not entitled to possess deleted text begin a
pistol deleted text end new text begin firearms new text end if the person has been convicted after August 1, 1992, or deleted text begin a firearm deleted text end if a person
has been convicted on or after August 1, 2014, of domestic assault under this section or
assault in the fifth degree under section 609.224 and the assault victim was a family or
household member as defined in section 518B.01, subdivision 2, unless three years have
elapsed from the date of conviction and, during that time, the person has not been convicted
of any other violation of this section or section 609.224. Property rights may not be abated
but access may be restricted by the courts. A person who possesses a firearm in violation
of this paragraph is guilty of a gross misdemeanor.

(f) Except as otherwise provided in paragraphs (b) and deleted text begin (h) deleted text end new text begin (g) new text end , when a person is convicted
of a violation of this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247
and the court determines that the assault was against a family or household member, the
court shall order the defendant to transfer any firearms that the person possesses deleted text begin , within
three business days, to a federally licensed firearms dealer, a law enforcement agency, or
a third party who may lawfully receive them. The transfer may be permanent or temporary,
unless the court prohibits the person from possessing a firearm for the remainder of the
person's life under paragraph (c). A temporary firearm transfer only entitles the receiving
party to possess the firearm. A temporary transfer does not transfer ownership or title. A
defendant may not transfer firearms to a third party who resides with the defendant. If a
defendant makes a temporary transfer, a federally licensed firearms dealer or law enforcement
agency may charge the defendant a reasonable fee to store the person's firearms and may
establish policies for disposal of abandoned firearms, provided such policies require that
the person be notified by certified mail prior to disposal of abandoned firearms. For temporary
firearms transfers under this paragraph, a law enforcement agency, federally licensed firearms
dealer, or third party shall exercise due care to preserve the quality and function of the
transferred firearms and shall return the transferred firearms to the person upon request after
the expiration of the prohibiting time period imposed under this subdivision, provided the
person is not otherwise prohibited from possessing firearms under state or federal law. The
return of temporarily transferred firearms to a person shall comply with state and federal
law. If a defendant permanently transfers the defendant's firearms to a law enforcement
agency, the agency is not required to compensate the defendant and may charge the defendant
a reasonable processing fee. A law enforcement agency is not required to accept a person's
firearm under this paragraph. The court shall order that the person surrender all permits to
carry and purchase firearms to the sheriff. deleted text end new text begin as provided for in section 518B.03 and direct the
person to surrender all permits to carry and purchase firearms to the court. If the court does
not take immediate possession of a defendant's permit to carry or permit to purchase, the
defendant must surrender the permit to the chief law enforcement officer who issued the
permit as required under sections 624.714, subdivision 8, and 624.7131, subdivision 7. If
the defendant surrenders their permits to the chief law enforcement officer, the person must
declare that in the proof of transfer or declaration of nonpossession required under section
518B.03, subdivision 3.
new text end

deleted text begin (g) A defendant who is ordered to transfer firearms under paragraph (f) must file proof
of transfer as provided for in this paragraph. If the transfer is made to a third party, the third
party must sign an affidavit under oath before a notary public either acknowledging that
the defendant permanently transferred the defendant's firearms to the third party or agreeing
to temporarily store the defendant's firearms until such time as the defendant is legally
permitted to possess firearms. The affidavit shall indicate the serial number, make, and
model of all firearms transferred by the defendant to the third party. The third party shall
acknowledge in the affidavit that the third party may be held criminally and civilly
responsible under section 624.7144 if the defendant gains access to a transferred firearm
while the firearm is in the custody of the third party. If the transfer is to a law enforcement
agency or federally licensed firearms dealer, the law enforcement agency or federally
licensed firearms dealer shall provide proof of transfer to the defendant. The proof of transfer
must specify whether the firearms were permanently or temporarily transferred and include
the name of the defendant, date of transfer, and the serial number, make, and model of all
transferred firearms. The defendant shall provide the court with a signed and notarized
affidavit or proof of transfer as described in this section within two business days of the
firearms transfer. The court shall seal affidavits and proofs of transfer filed pursuant to this
paragraph.
deleted text end

deleted text begin (h) deleted text end new text begin (g) new text end When a person is convicted of a violation of this section or section 609.221,
609.222, 609.223, 609.224, or 609.2247, and the court determines that the assault was
against a family or household member, the court shall determine by a preponderance of the
evidence if the person poses an imminent risk of causing another person substantial bodily
harm. Upon a finding of imminent risk, the court shall order that the local law enforcement
agency take immediate possession of all firearms in the person's possession. deleted text begin The local law
enforcement agency shall exercise due care to preserve the quality and function of the
defendant's firearms and shall return the firearms to the person upon request after the
expiration of the prohibiting time period, provided the person is not otherwise prohibited
from possessing firearms under state or federal law. The local law enforcement agency
shall, upon written notice from the person, transfer the firearms to a federally licensed
firearms dealer or a third party who may lawfully receive them. Before a local law
enforcement agency transfers a firearm under this paragraph, the agency shall require the
third party or federally licensed firearms dealer receiving the firearm to submit an affidavit
or proof of transfer that complies with the requirements for affidavits or proofs of transfer
established in paragraph (g). The agency shall file all affidavits or proofs of transfer received
with the court within two business days of the transfer. The court shall seal all affidavits or
proofs of transfer filed pursuant to this paragraph. A federally licensed firearms dealer or
third party who accepts a firearm transfer pursuant to this paragraph shall comply with
paragraphs (f) and (g) as if accepting transfer from the defendant. If the law enforcement
agency does not receive written notice from the defendant within three business days, the
agency may charge a reasonable fee to store the defendant's firearms. A law enforcement
agency may establish policies for disposal of abandoned firearms, provided such policies
require that the person be notified via certified mail prior to disposal of abandoned firearms.
deleted text end

Sec. 8.

Minnesota Statutes 2024, section 609.749, subdivision 8, is amended to read:

Subd. 8.

Harassment; stalking; firearms.

(a) When a person is convicted of harassment
or stalking under this section and the court determines that the person used a firearm in any
way during commission of the crime, the court may order that the person is prohibited from
possessing any type of firearm for any period longer than three years or for the remainder
of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor.
At the time of the conviction, the court shall inform the defendant for how long the defendant
is prohibited from possessing a firearm and that it is a gross misdemeanor to violate this
paragraph. The failure of the court to provide this information to a defendant does not affect
the applicability of the firearm possession prohibition or the gross misdemeanor penalty to
that defendant.

(b) Except as otherwise provided in paragraph (a), when a person is convicted of
harassment or stalking under this section, the court shall inform the defendant that the
defendant is prohibited from possessing a firearm for three years from the date of conviction
and that it is a gross misdemeanor offense to violate this prohibition. The failure of the court
to provide this information to a defendant does not affect the applicability of the firearm
possession prohibition or the gross misdemeanor penalty to that defendant.

(c) Except as otherwise provided in paragraph (a), a person is not entitled to possess deleted text begin a
pistol deleted text end new text begin firearms new text end if the person has been convicted after August 1, 1996, of harassment or
stalking under this section, or deleted text begin to possess a firearm deleted text end if the person has been convicted on or
after August 1, 2014, of harassment or stalking under this section, unless three years have
elapsed from the date of conviction and, during that time, the person has not been convicted
of any other violation of this section. Property rights may not be abated but access may be
restricted by the courts. A person who possesses a firearm in violation of this paragraph is
guilty of a gross misdemeanor.

(d) If the court determines that a person convicted of harassment or stalking under this
section owns or possesses a firearm and used it in any way during the commission of the
crime, it shall order that the firearm new text begin and all other firearms possessed by the person new text end be
summarily forfeited under section 609.5316, subdivision 3.

(e) Except as otherwise provided in paragraphs (d) and deleted text begin (g) deleted text end new text begin (f) new text end , when a person is convicted
of harassment or stalking under this section, the court shall order the defendant to transfer
any firearms that the person possesses deleted text begin , within three business days, to a federally licensed
firearms dealer, a law enforcement agency, or a third party who may lawfully receive them.
The transfer may be permanent or temporary. A temporary firearm transfer only entitles
the receiving party to possess the firearm. A temporary transfer does not transfer ownership
or title. A defendant may not transfer firearms to a third party who resides with the defendant.
If a defendant makes a temporary transfer, a federally licensed firearms dealer or law
enforcement agency may charge the defendant a reasonable fee to store the person's firearms
and may establish policies for disposal of abandoned firearms, provided such policies require
that the person be notified via certified mail prior to disposal of abandoned firearms. For
temporary firearms transfers under this paragraph, a law enforcement agency, federally
licensed firearms dealer, or third party shall exercise due care to preserve the quality and
function of the transferred firearms and shall return the transferred firearms to the person
upon request after the expiration of the prohibiting time period imposed under this
subdivision, provided the person is not otherwise prohibited from possessing firearms under
state or federal law. The return of temporarily transferred firearms to a defendant shall
comply with state and federal law. If a defendant permanently transfers the defendant's
firearms to a law enforcement agency, the agency is not required to compensate the defendant
and may charge the defendant a reasonable processing fee. A law enforcement agency is
not required to accept a person's firearm under this paragraph. The court shall order that the
person surrender all permits to carry and purchase firearms to the sheriff. deleted text end new text begin as provided for
in section 518.03 and direct the person to surrender all permits to carry and purchase firearms
to the court. If the court does not take immediate possession of a defendant's permit to carry
or permit to purchase, the defendant must surrender the permit to the chief law enforcement
officer who issued the permit as required under sections 624.714, subdivision 8, and
624.7131, subdivision 7. If the defendant surrenders their permits to the chief law
enforcement officer, the person must declare that in the proof of transfer or declaration of
nonpossession required under section 518B.03, subdivision 3.
new text end

deleted text begin (f) A defendant who is ordered to transfer firearms under paragraph (e) must file proof
of transfer as provided for in this paragraph. If the transfer is made to a third party, the third
party must sign an affidavit under oath before a notary public either acknowledging that
the defendant permanently transferred the defendant's firearms to the third party or agreeing
to temporarily store the defendant's firearms until such time as the defendant is legally
permitted to possess firearms. The affidavit shall indicate the serial number, make, and
model of all firearms transferred by the defendant to the third party. The third party shall
acknowledge in the affidavit that the third party may be held criminally and civilly
responsible under section 624.7144 if the defendant gains access to a transferred firearm
while the firearm is in the custody of the third party. If the transfer is to a law enforcement
agency or federally licensed firearms dealer, the law enforcement agency or federally
licensed firearms dealer shall provide proof of transfer to the defendant. The proof of transfer
must specify whether the firearms were permanently or temporarily transferred and include
the name of the defendant, date of transfer, and the serial number, make, and model of all
transferred firearms. The defendant shall provide the court with a signed and notarized
affidavit or proof of transfer as described in this section within two business days of the
firearms transfer. The court shall seal affidavits and proofs of transfer filed pursuant to this
paragraph.
deleted text end

deleted text begin (g) deleted text end new text begin (f) new text end When a person is convicted of harassment or stalking under this section, the court
shall determine by a preponderance of the evidence if the person poses an imminent risk of
causing another person substantial bodily harm. Upon a finding of imminent risk, the court
shall order that the local law enforcement agency take immediate possession of all firearms
in the person's possession. deleted text begin The local law enforcement agency shall exercise due care to
preserve the quality and function of the defendant's firearms and shall return the firearms
to the person upon request after the expiration of the prohibiting time period, provided the
person is not otherwise prohibited from possessing firearms under state or federal law. The
local law enforcement agency shall, upon written notice from the person, transfer the firearms
to a federally licensed firearms dealer or a third party who may lawfully receive them.
Before a local law enforcement agency transfers a firearm under this paragraph, the agency
shall require the third party or federally licensed firearms dealer receiving the firearm to
submit an affidavit or proof of transfer that complies with the requirements for affidavits
or proofs of transfer established in paragraph (f). The agency shall file all affidavits or proofs
of transfer received with the court within two business days of the transfer. The court shall
seal all affidavits or proofs of transfer filed pursuant to this paragraph. A federally licensed
firearms dealer or third party who accepts a firearm transfer pursuant to this paragraph shall
comply with paragraphs (e) and (f) as if accepting transfer from the defendant. If the law
enforcement agency does not receive written notice from the defendant within three business
days, the agency may charge a reasonable fee to store the defendant's firearms. A law
enforcement agency may establish policies for disposal of abandoned firearms, provided
such policies require that the person be notified via certified mail prior to disposal of
abandoned firearms.
deleted text end

Sec. 9.

Minnesota Statutes 2024, section 629.715, subdivision 2, is amended to read:

Subd. 2.

Surrender of firearms.

new text begin (a) new text end The judge may order as a condition of release that
the person surrender to the local law enforcement agency all firearms, destructive devices,
or dangerous weapons owned or possessed by the person, and may not live in a residence
where others possess firearms. new text begin If ordered to surrender firearms, the person must also surrender
all permits to carry and purchase firearms to the court. If the court does not take immediate
possession of a person's permit to carry or permit to purchase, the person must surrender
the permit to the chief law enforcement officer who issued the permit as required under
sections 624.714, subdivision 8, and 624.7131, subdivision 7. If the person surrenders their
permits to the chief law enforcement officer, the person must declare that in the proof of
transfer or declaration of nonpossession required under section 518B.03, subdivision 3.
new text end

new text begin (b) Except as otherwise provided for in this section, the surrender of firearms under this
section must comply with section 518B.03.
new text end

new text begin (c) new text end Any firearm, destructive device, or dangerous weapon surrendered under this
subdivision shall be inventoried and retained, with due care to preserve its quality and
function, by the local law enforcement agency, and must be returned to the person upon the
person's acquittal, when charges are dismissed, or if no charges are filed. If the person is
convicted, the firearm must be returned when the court orders the return or when the person
is discharged from probation and restored to civil rights.

new text begin (d) new text end If the person is convicted of a designated offense as defined in section 609.531, the
firearm is subject to forfeiture as provided under that section.

new text begin (e) new text end This condition may be imposed in addition to any other condition authorized by rule
6.02 of the Rules of Criminal Procedure.