HF 1318

as introduced - 94th Legislature (2025 - 2026) Posted on 02/20/2025 02:49pm

A bill for an act
relating to public safety; requiring that persons purchasing a firearm be trained in
firearm safety; requiring the retention of records relating to firearm sales; providing
criminal penalties; proposing coding for new law in Minnesota Statutes, chapter
624.

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

Section 1.

new text begin [624.7135] SALE OF FIREARM; TRAINING IN SAFE USE REQUIRED;
RECORD KEEPING; CRIMINAL PENALTY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section:
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new text begin (1) "firearms dealer" has the meaning given in section 624.7134;
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new text begin (2) "sale" or "sell" includes any permanent transfer of ownership of a firearm, regardless
of whether any consideration was given;
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new text begin (3) "state or federally issued identification" has the meaning given in section 624.7134;
and
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new text begin (4) "unlicensed person" has the meaning given in section 624.7134.
new text end

new text begin Subd. 2. new text end

new text begin Sale of firearm; training required. new text end

new text begin A person may not sell a firearm unless
the person purchasing or otherwise taking ownership of the firearm presents evidence of
training in the safe use of a firearm as provided in subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Training in safe use of a firearm. new text end

new text begin (a) A person purchasing or otherwise taking
ownership of a firearm must present evidence to the seller that the person has received
training in the safe use of a firearm within one year of the date of the sale. Training may be
demonstrated by:
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new text begin (1) employment as a peace officer in the state of Minnesota within the past year; or
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new text begin (2) completion of a firearms safety or training course providing basic training in the safe
use of a firearm and conducted by a certified instructor.
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new text begin (b) Basic training must include:
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new text begin (1) instruction in the fundamentals of firearm use, including firearm mechanics and
operation, safe handling and storage, and injury and suicide prevention;
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new text begin (2) successful completion of an actual shooting qualification exercise; and
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new text begin (3) instruction in the fundamental legal aspects of firearm possession, carry, and use,
including self-defense and the restrictions on the use of deadly force.
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new text begin (c) The certified instructor must issue a certificate to a person who has completed a
firearms safety or training course described in paragraph (b). The certificate must be signed
and dated by the instructor and attest that the person attended and completed the course.
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new text begin (d) A person qualifies as a certified instructor if the person is certified as a firearms
instructor within the past five years by an organization or government entity that has been
approved by the Department of Public Safety in accordance with the department's standards.
new text end

new text begin Subd. 4. new text end

new text begin Scope. new text end

new text begin Except as otherwise provided in subdivision 8, this section applies to
all sales of firearms regardless of whether the parties involved are firearms dealers or
unlicensed persons.
new text end

new text begin Subd. 5. new text end

new text begin Record of safety training; required information. new text end

new text begin (a) All parties to a sale of
a firearm must complete a record of safety training on a form designed and made publicly
available without fee for this purpose by the superintendent of the Bureau of Criminal
Apprehension. Each page of the record must be signed and dated by the parties and contain
the serial number of the firearm.
new text end

new text begin (b) The record must contain the following information:
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new text begin (1) a clear copy of each person's current state or federally issued identification; and
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new text begin (2) a clear copy of the firearms safety training certificate of the purchaser or person
otherwise taking ownership of the firearm, or proof that the person was employed as a peace
officer within the state of Minnesota within the year preceding the sale.
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new text begin (c) In addition, the record must include the following information:
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new text begin (1) the type of firearm;
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new text begin (2) the manufacturer, make, and model of the firearm; and
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new text begin (3) the firearm's manufacturer-assigned serial number.
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new text begin (d) All parties to the sale must retain a copy of the record and any attachments to the
record for ten years from the date of the sale. A copy in digital form shall be acceptable for
the purposes of this paragraph.
new text end

new text begin Subd. 6. new text end

new text begin Compulsory production of record of safety training; misdemeanor
penalty. new text end

new text begin (a) All parties to a sale of a firearm must produce the record of safety training
when a peace officer requests the record as part of a criminal investigation.
new text end

new text begin (b) A person who refuses or is unable to produce the record in response to a request for
production made by a peace officer pursuant to paragraph (a) is guilty of a misdemeanor.
A prosecution or conviction for violation of this subdivision is not a bar to conviction of,
or punishment for, any other crime committed involving the sold firearm.
new text end

new text begin Subd. 7. new text end

new text begin Immunity. new text end

new text begin A person is immune to a charge of violating this section if the person
presents a record of safety training that satisfies the requirements of subdivision 3.
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new text begin Subd. 8. new text end

new text begin Exclusions. new text end

new text begin (a) This section shall not apply to the following:
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new text begin (1) a sale to a firearms dealer;
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new text begin (2) a sale to any law enforcement agency;
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new text begin (3) a sale to an executor, administrator, trustee, or personal representative of an estate
or a trust that occurs by operation of law upon the death of the former owner of the firearm;
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new text begin (4) a sale of an antique firearm as defined in section 624.712, subdivision 3;
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new text begin (5) a sale of a curio or relic, as defined in Code of Federal Regulations, title 27, section
478.11, if the sale is between collectors of firearms as curios or relics as defined by United
States Code, title 18, section 921(a)(13), who each have in their possession a valid collector
of curio and relics license issued by the United States Department of Justice, Bureau of
Alcohol, Tobacco, Firearms and Explosives; and
new text end

new text begin (6) a sale to or by an auctioneer who is in compliance with chapter 330 and acting in
the person's official role as an auctioneer to facilitate or conduct an auction of the firearm.
new text end

new text begin Subd. 9. new text end

new text begin Consolidated record. new text end

new text begin Parties to a firearm sale under this section may use a
consolidated record of transfer form designed and made publicly available without fee for
this purpose by the superintendent of the Bureau of Criminal Apprehension that combines
the record keeping requirements of both this section and section 624.7134.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026, and applies to sales of
firearms occurring on or after that date.
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