SF 4896
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/27/2026 09:20 a.m.
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A bill for an act
relating to public safety; increasing the penalty for transferring a firearm to an
unauthorized person; establishing a mandatory minimum sentence for certain
transfers of a firearm to an ineligible person; removing an affirmative defense;
amending Minnesota Statutes 2024, section 624.7141, subdivisions 1, 2; 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.
(a) A person is guilty of a felony and may be
sentenced to imprisonment for up to deleted text begin twodeleted text end new text begin threenew text end years and to payment of a fine of not more
than $10,000 if the person intentionally transfers a firearm 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 or any other firearm;
(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 or any other firearm.
(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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2024, section 624.7141, subdivision 2, is amended to read:
Subd. 2.
Aggravated offense.
A person who violates this section may be sentenced to
imprisonment for up to five years and to payment of a fine of not more than $20,000 if the
transferee possesses or uses the weapon within one year after the transfer in furtherance of
a felony crime of violence.new text begin A person sentenced under this subdivision shall be committed
to the commissioner of corrections for not less than three years or the presumptive fixed
sentence under the Minnesota Sentencing Guidelines, whichever is greater.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3. 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 the day following final enactment.
new text end
APPENDIX
Repealed Minnesota Statutes: 26-05819
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.