HF 285

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/08/2013 04:04pm

A bill for an act
relating to public safety; providing for the transfer of civil commitment data to a
federal background check system; modifying the lawful possession and transfer
of firearms; amending Minnesota Statutes 2012, sections 253B.24; 299C.17;
624.712, subdivision 5, by adding a subdivision; 624.713, subdivisions 1, 2;
proposing coding for new law in Minnesota Statutes, chapter 624.

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

Section 1.

Minnesota Statutes 2012, section 253B.24, is amended to read:

253B.24 TRANSMITTAL OF DATA TO NATIONAL INSTANT CRIMINAL
BACKGROUND CHECK SYSTEM.

new text begin (a) new text end When a court:

(1) commits a person under this chapter as being mentally ill, developmentally
disabled, mentally ill and dangerous, or chemically dependent;

(2) determines in a criminal case that a person is incompetent to stand trial or not
guilty by reason of mental illness; or

(3) restores a person's ability to possess a firearm under section 609.165, subdivision
1d, or 624.713, subdivision 4,

the court shall ensure that this information is new text begin electronically new text end transmitted deleted text begin as soon as
practicable deleted text end new text begin within three business days new text end to the National Instant Criminal Background
Check System.

new text begin (b) No later than January 1, 2014, the state court administrator must transfer to
the National Instant Criminal Background Check System, in electronic data format, the
name and type of commitment for persons who were civilly committed under this chapter
since August 1, 2005.
new text end

new text begin (c) No later than July 1, 2015, the state court administrator must transfer to the
National Instant Criminal Background Check System, in electronic data format, the name
and type of commitment for persons who were civilly committed under this chapter since
August 1, 1994.
new text end

Sec. 2.

Minnesota Statutes 2012, section 299C.17, is amended to read:

299C.17 REPORT BY COURT ADMINISTRATOR.

The superintendent shall deleted text begin have power to deleted text end require the court administrator deleted text begin of any
county deleted text end new text begin of every court which sentences a defendant for a felony, gross misdemeanor, or
targeted misdemeanor new text end to deleted text begin file with the department, at such time as the superintendent may
designate, deleted text end new text begin electronically transmit within three business days of the disposition of the
case new text end a report, deleted text begin upon such deleted text end new text begin in a new text end form deleted text begin as deleted text end new text begin prescribed by new text end the superintendent deleted text begin may prescribe,
furnishing such deleted text end new text begin providing new text end information deleted text begin as deleted text end new text begin required by new text end the superintendent deleted text begin may require deleted text end with
regard to the prosecution and disposition of criminal cases. A copy of the report shall be
kept on file in the office of the court administrator.

Sec. 3.

Minnesota Statutes 2012, section 624.712, subdivision 5, is amended to read:

Subd. 5.

Crime of violence.

"Crime of violence" means: felony convictions of
the following offenses: sections 609.185 (murder in the first degree); 609.19 (murder
in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in
the first degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide
and aiding attempted suicide); 609.221 (assault in the first degree); 609.222 (assault
in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the
fourth degree); new text begin 609.224, subdivision 4 (felony assault in the fifth degree); 609.2242,
subdivision 4 (felony domestic assault); 609.2247 (domestic assault by strangulation);
new text end 609.229 (crimes committed for the benefit of a gang); 609.235 (use of drugs to injure
or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25
(kidnapping); 609.255 (false imprisonment); 609.322 (solicitation, inducement, and
promotion of prostitution; sex trafficking); 609.342 (criminal sexual conduct in the first
degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual
conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree);
609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);
609.486 (commission of crime while wearing or possessing a bullet-resistant vest);
609.52 (involving theft of a firearm, theft involving the intentional taking or driving of a
motor vehicle without the consent of the owner or authorized agent of the owner, theft
involving the taking of property from a burning, abandoned, or vacant building, or from
an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle,
and theft involving the theft of a controlled substance, an explosive, or an incendiary
device); 609.561 (arson in the first degree); 609.562 (arson in the second degree); 609.582,
subdivision 1, 2, or 3 (burglary in the first through third degrees); 609.66, subdivision 1e
(drive-by shooting); 609.67 (unlawfully owning, possessing, operating a machine gun or
short-barreled shotgun); 609.71 (riot); 609.713 (terroristic threats); 609.749 (stalking);
609.855, subdivision 5 (shooting at a public transit vehicle or facility); and chapter 152
(drugs, controlled substances); and an attempt to commit any of these offenses. new text begin The term
also includes a second or subsequent conviction or delinquency adjudication for a violation
of section 624.713, subdivision 2, paragraph (a) (certain juveniles not to possess firearms).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2012, section 624.712, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Ammunition. new text end

new text begin "Ammunition" means ammunition or cartridge cases,
primers, bullets, or propellent powder designed for use in any firearm.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2012, section 624.713, subdivision 1, is amended to read:

Subdivision 1.

Ineligible persons.

The following persons shall not be entitled to
possess new text begin ammunition or new text end a pistol or semiautomatic military-style assault weapon or, except
for clause (1), any other firearm:

(1) a person under the age of 18 years except that a person under 18 new text begin may possess
ammunition designed for use in a firearm that the person may lawfully possess and new text end may
carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual
presence or under the direct supervision of the person's parent or guardian, (ii) for the
purpose of military drill under the auspices of a legally recognized military organization
and under competent supervision, (iii) for the purpose of instruction, competition, or target
practice on a firing range approved by the chief of police or county sheriff in whose
jurisdiction the range is located and under direct supervision; or (iv) if the person has
successfully completed a course designed to teach marksmanship and safety with a pistol
or semiautomatic military-style assault weapon and approved by the commissioner of
natural resources;

(2) except as otherwise provided in clause (9), a person who has been convicted of,
or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing,
in this state or elsewhere, a crime of violence. For purposes of this section, crime of
violence includes crimes in other states or jurisdictions which would have been crimes of
violence as herein defined if they had been committed in this state;

(3) a person who is or has ever been new text begin ordered new text end committed in Minnesota or elsewhere
by a judicial determination that the person is mentally ill, developmentally disabled, or
mentally ill and dangerous to the public, as defined in section 253B.02, to a treatment
facility, new text begin whether or not the order was stayed, new text end or who has ever been found incompetent to
stand trial or not guilty by reason of mental illness, unless the person's ability to possess a
firearm new text begin and ammunition new text end has been restored under subdivision 4;

(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
gross misdemeanor violation of chapter 152, unless three years have elapsed since the
date of conviction and, during that time, the person has not been convicted of any other
such violation of chapter 152 or a similar law of another state; or a person who is or has
ever been committed by a judicial determination for treatment for the habitual use of a
controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the
person's ability to possess a firearm new text begin and ammunition new text end has been restored under subdivision 4;

(5) a person who new text begin is or new text end has new text begin ever new text end been committed to a treatment facility in Minnesota
or elsewhere by a judicial determination that the person is chemically dependent as defined
in section 253B.02, unless the person has completed treatment or the person's ability to
possess a firearm new text begin and ammunition new text end has been restored under subdivision 4. Property rights
may not be abated but access may be restricted by the courts;

(6) a peace officer who is informally admitted to a treatment facility pursuant to
section 253B.04 for chemical dependency, unless the officer possesses a certificate from
the head of the treatment facility discharging or provisionally discharging the officer from
the treatment facility. Property rights may not be abated but access may be restricted
by the courts;

(7) a person, including a person under the jurisdiction of the juvenile court, who
has been charged with committing a crime of violence and has been placed in a pretrial
diversion program by the court before disposition, until the person has completed the
diversion program and the charge of committing the crime of violence has been dismissed;

(8) except as otherwise provided in clause (9), a person who has been convicted in
another state of committing an offense similar to the offense described in section 609.224,
subdivision 3, against a family or household member or section 609.2242, subdivision
3, unless three years have elapsed since the date of conviction and, during that time, the
person has not been convicted of any other violation of section 609.224, subdivision 3, or
609.2242, subdivision 3, or a similar law of another state;

(9) a person who has been convicted in this state or elsewhere of assaulting a family
or household member and who was found by the court to have used a firearm in any way
during commission of the assault is prohibited from possessing any type of firearm new text begin or
ammunition new text end for the period determined by the sentencing court;

(10) a person who:

(i) has been convicted in any court of a crime punishable by imprisonment for a
term exceeding one year;

(ii) is a fugitive from justice as a result of having fled from any state to avoid
prosecution for a crime or to avoid giving testimony in any criminal proceeding;

(iii) is an unlawful user of any controlled substance as defined in chapter 152;

(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
the public, as defined in section 253B.02;

(v) is an alien who is illegally or unlawfully in the United States;

(vi) has been discharged from the armed forces of the United States under
dishonorable conditions; or

(vii) has renounced the person's citizenship having been a citizen of the United States;

or

(11) a person who has been convicted of the following offenses at the gross
misdemeanor level, unless three years have elapsed since the date of conviction and, during
that time, the person has not been convicted of any other violation of these sections: section
609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults
motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a
child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring
gun); 609.71 (riot); or 609.749 (stalking). For purposes of this paragraph, the specified
gross misdemeanor convictions include crimes committed in other states or jurisdictions
which would have been gross misdemeanors if conviction occurred in this state.

A person who issues a certificate pursuant to this section in good faith is not
liable for damages resulting or arising from the actions or misconduct with a firearm new text begin or
ammunition new text end committed by the individual who is the subject of the certificate.

The prohibition in this subdivision relating to the possession of firearms other than
pistols and semiautomatic military-style assault weapons does not apply retroactively
to persons who are prohibited from possessing a pistol or semiautomatic military-style
assault weapon under this subdivision before August 1, 1994.

The lifetime prohibition on possessing, receiving, shipping, or transporting firearms
new text begin and ammunition new text end for persons convicted or adjudicated delinquent of a crime of violence
in clause (2), applies only to offenders who are discharged from sentence or court
supervision for a crime of violence on or after August 1, 1993.

For purposes of this section, "judicial determination" means a court proceeding
pursuant to sections 253B.07 to 253B.09 or a comparable law from another state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2012, section 624.713, subdivision 2, is amended to read:

Subd. 2.

Penalties.

(a) A person named in subdivision 1, clause (1), who possesses
new text begin ammunition, or new text end a pistol or semiautomatic military-style assault weapon 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.

(b) A person named in subdivision 1, clause (2), who possesses any type of firearm
new text begin or ammunition new text end is guilty of a felony and may be sentenced to imprisonment for not more
than 15 years or to payment of a fine of not more than $30,000, or both. This paragraph
does not apply to any person who has received a relief of disability under United States
Code, title 18, section 925, or whose ability to possess firearms new text begin and ammunition new text end has been
restored under section 609.165, subdivision 1d.

(c) A person named in any other clause of subdivision 1 who possesses any type of
firearm new text begin or ammunition new text end is guilty of a gross misdemeanor.

new text begin (d) A person is criminally liable for a crime committed by another under this section
if the person intentionally assists, advises, hires, counsels, commands, or otherwise
procures the other to commit the crime.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

new text begin [624.7133] GUN SHOWS; TRANSFERS OF PISTOLS AND
SEMIAUTOMATIC MILITARY-STYLE ASSAULT WEAPONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, "gun show" means the
entire premises open to the public for an event or function, that is sponsored and has the
primary purpose of facilitating the purchase, sale, or offer for sale, of firearms at which 25
or more firearms are offered for transfer, and ten or more persons are offering one or more
firearms for transfer. The "entire premises" includes, but is not limited to, parking areas
and areas open to the public that are used by attendees during the event or function.
new text end

new text begin Subd. 2. new text end

new text begin Transfers; proof of eligibility required. new text end

new text begin (a) No person shall transfer a
pistol or semiautomatic military-style assault weapon at a gun show unless the transferor
or the transferee is a federally licensed firearms dealer except as provided in this section.
new text end

new text begin (b) When two parties, neither of whom is a federally licensed firearms dealer,
desire to transfer a pistol or semiautomatic military-style assault weapon at a gun
show, the transferee must present the transferor a valid permit to purchase issued under
section 624.7131 or a valid permit to carry a pistol issued under section 624.714 prior to
completing the transfer.
new text end

new text begin Subd. 3. new text end

new text begin Exclusion. new text end

new text begin This section does not apply to transfers of antique firearms as
defined in section 624.712, subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013.
new text end