HF 1496

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/08/2023 10:23am

A bill for an act
relating to public safety; requiring criminal background checks for firearms
transfers; modifying grounds for disqualification of transferee permit; amending
Minnesota Statutes 2022, sections 624.7131; 624.7132; 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 2022, section 624.7131, is amended to read:

624.7131 TRANSFEREE PERMIT; PENALTY.

Subdivision 1.

Information.

Any person may apply for a transferee permit by providing
the following information in writing to the chief of police of an organized full time police
department of the municipality in which the person resides or to the county sheriff if there
is no such local chief of police:

(1) the name, residence, telephone number, and driver's license number or
nonqualification certificate number, if any, of the proposed transferee;

(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical
characteristics, if any, of the proposed transferee;

(3) a statement that the proposed transferee authorizes the release to the local police
authority of commitment information about the proposed transferee maintained by the
commissioner of human services, to the extent that the information relates to the proposed
transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon
under section 624.713, subdivision 1; and

(4) a statement by the proposed transferee that the proposed transferee is not prohibited
by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon.

The statements shall be signed and dated by the person applying for a permit. At the
time of application, the local police authority shall provide the applicant with a dated receipt
for the application. The statement under clause (3) must comply with any applicable
requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect
to consent to disclosure of alcohol or drug abuse patient records.

Subd. 2.

Investigation.

The chief of police or sheriff shall check criminal histories,
records and warrant information relating to the applicant through the Minnesota Crime
Information System, the national criminal record repository, and the National Instant Criminal
Background Check System. The chief of police or sheriff shall also make a reasonable effort
to check other available state and local record-keeping systems. The chief of police or sheriff
shall obtain commitment information from the commissioner of human services as provided
in section 245.041.

Subd. 3.

Forms.

Chiefs of police and sheriffs shall make transferee permit application
forms available throughout the community. There shall be no charge for forms, reports,
investigations, notifications, waivers or any other act performed or materials provided by
a government employee or agency in connection with application for or issuance of a
transferee permit.

Subd. 4.

Grounds for disqualification.

deleted text begin A determination by deleted text end new text begin (a) new text end The chief of police or
sheriff deleted text begin that deleted text end new text begin shall refuse to grant a transferee permit if new text end the applicant is prohibited by deleted text begin section
624.713 deleted text end new text begin state or federal law new text end from possessing a pistol or semiautomatic military-style assault
weapon deleted text begin shall be the only basis for refusal to grant a transferee permit deleted text end new text begin or is determined to
be a danger to self or others under paragraph (b) new text end .

new text begin (b) A chief of police or sheriff shall refuse to grant a permit to a person who is a danger
to self or others. The decision of the chief of police or sheriff must be based on documented
past contact with law enforcement. A notice of disqualification issued pursuant to this
paragraph must describe and document the specific law enforcement contact or contacts
relied upon to deny the permit.
new text end

new text begin (c) A person is not eligible to submit a permit application under this section if the person
has had an application denied pursuant to paragraph (b) and less than six months have
elapsed since the denial was issued or the person's appeal under subdivision 8 was denied,
whichever is later.
new text end

new text begin (d) A chief of police or sheriff who denies a permit application pursuant to paragraph
(b) must provide a copy of the notice of disqualification to the chief of police or sheriff with
joint jurisdiction over the proposed transferee's residence.
new text end

Subd. 5.

Granting of permits.

new text begin (a) new text end The chief of police or sheriff shall issue a transferee
permit or deny the application within seven days of application for the permit.

new text begin (b) In the case of a denial, new text end the chief of police or sheriff shall provide an applicant with
written notification of a denial and the specific reason for the denial.

new text begin (c) new text end The permits and their renewal shall be granted free of charge.

Subd. 6.

Permits valid statewide.

Transferee permits issued pursuant to this section are
valid statewide and shall expire after one year. A transferee permit may be renewed in the
same manner and subject to the same provisions by which the original permit was obtained,
except that all renewed permits must comply with the standards adopted by the commissioner
under section 624.7151. Permits issued pursuant to this section are not transferable. A person
who transfers a permit in violation of this subdivision is guilty of a misdemeanor.

Subd. 7.

Permit voided new text begin ; revocation new text end .

new text begin (a) new text end The transferee permit shall be void at the time
that the holder becomes prohibited from possessing new text begin or receiving new text end a pistol under section
624.713, in which event the holder shall return the permit within five days to the issuing
authority. new text begin If the chief law enforcement officer who issued the permit has knowledge that
the permit holder is ineligible to possess firearms, the chief law enforcement officer must
revoke the permit and give notice to the holder in writing. new text end Failure of the holder to return
the permit within the five days new text begin of learning that the permit is void or revoked new text end is a new text begin gross
new text end misdemeanor unless the court finds that the circumstances or the physical or mental condition
of the permit holder prevented the holder from complying with the return requirement.

new text begin (b) When a permit holder receives a court disposition that prohibits the permit holder
from possessing a firearm, the court must take possession of the permit, if it is available,
and send it to the issuing law enforcement agency. If the permit holder does not have the
permit when the court imposes a firearm prohibition, the permit holder must surrender the
permit to the assigned probation officer, if applicable. When a probation officer is assigned
upon disposition of the case, the court shall inform the probation agent of the permit holder's
obligation to surrender the permit. Upon surrender, the probation officer must send the
permit to the issuing law enforcement agency. If a probation officer is not assigned to the
permit holder, the holder shall surrender the permit as provided for in paragraph (a).
new text end

Subd. 8.

Hearing upon denial.

Any person aggrieved by denial of a transferee permit
may appeal the denial to the district court having jurisdiction over the county or municipality
in which the denial occurred.

Subd. 9.

Permit to carry.

A valid permit to carry issued pursuant to section 624.714
constitutes a transferee permit for the purposes of this section and deleted text begin section deleted text end new text begin sections new text end 624.7132 new text begin
and 624.7134 new text end .

deleted text begin Subd. 10. deleted text end

deleted text begin Transfer report not required. deleted text end

deleted text begin A person who transfers a pistol or
semiautomatic military-style assault weapon to a person exhibiting a valid transferee permit
issued pursuant to this section or a valid permit to carry issued pursuant to section 624.714
is not required to file a transfer report pursuant to section 624.7132, subdivision 1.
deleted text end

Subd. 11.

Penalty.

A person who makes a false statement in order to obtain a transferee
permit knowing or having reason to know the statement is false is guilty of a deleted text begin gross
misdemeanor deleted text end new text begin felony new text end .

Subd. 12.

Local regulation.

This section shall be construed to supersede municipal or
county regulation of the issuance of transferee permits.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2022, section 624.7132, is amended to read:

624.7132 REPORT OF TRANSFER.

Subdivision 1.

Required information.

Except as provided in this section and section
624.7131, every person who agrees to transfer a pistol or semiautomatic military-style
assault weapon shall report the following information in writing to the chief of police of
the organized full-time police department of the municipality where the proposed transferee
resides or to the appropriate county sheriff if there is no such local chief of police:

(1) the name, residence, telephone number, and driver's license number or
nonqualification certificate number, if any, of the proposed transferee;

(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical
characteristics, if any, of the proposed transferee;

(3) a statement that the proposed transferee authorizes the release to the local police
authority of commitment information about the proposed transferee maintained by the
commissioner of human services, to the extent that the information relates to the proposed
transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon
under section 624.713, subdivision 1;

(4) a statement by the proposed transferee that the transferee is not prohibited by section
624.713 from possessing a pistol or semiautomatic military-style assault weapon; and

(5) the address of the place of business of the transferor.

The report shall be signed and dated by the transferor and the proposed transferee. The
report shall be delivered by the transferor to the chief of police or sheriff no later than three
days after the date of the agreement to transfer, excluding weekends and legal holidays.
The statement under clause (3) must comply with any applicable requirements of Code of
Federal Regulations, title 42, sections 2.31 to 2.35, with respect to consent to disclosure of
alcohol or drug abuse patient records.

Subd. 2.

Investigation.

Upon receipt of a transfer report, the chief of police or sheriff
shall check criminal histories, records and warrant information relating to the proposed
transferee through the Minnesota Crime Information System, the national criminal record
repository, and the National Instant Criminal Background Check System. The chief of police
or sheriff shall also make a reasonable effort to check other available state and local
record-keeping systems. The chief of police or sheriff shall obtain commitment information
from the commissioner of human services as provided in section 245.041.

Subd. 3.

Notification.

The chief of police or sheriff shall notify the transferor and
proposed transferee in writing as soon as possible if the chief or sheriff determines that the
proposed transferee is prohibited by section 624.713 from possessing a pistol or
semiautomatic military-style assault weapon. The notification to the transferee shall specify
the grounds for the disqualification of the proposed transferee and shall set forth in detail
the transferee's right of appeal under subdivision 13.

Subd. 4.

Delivery.

Except as otherwise provided in subdivision 7 or 8, no person shall
deliver a pistol or semiautomatic military-style assault weapon to a proposed transferee
until five business days after the date the agreement to transfer is delivered to a chief of
police or sheriff in accordance with subdivision 1 unless the chief of police or sheriff waives
all or a portion of the deleted text begin seven-day deleted text end waiting period. The chief of police or sheriff may waive
all or a portion of the deleted text begin five business day deleted text end waiting period in writing if the chief of police or
sheriff finds that the transferee requires access to a pistol or semiautomatic military-style
assault weapon because of a threat to the life of the transferee or of any member of the
household of the transferee.

No person shall deliver a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end
to a proposed transferee after receiving a written notification that the chief of police or
sheriff has determined that the proposed transferee is prohibited by section 624.713 from
possessing a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end .

If the transferor makes a report of transfer and receives no written notification of
disqualification of the proposed transferee within five business days after delivery of the
agreement to transfer, the deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end
may be delivered to the transferee.

Subd. 5.

Grounds for disqualification.

deleted text begin A determination by deleted text end new text begin (a) new text end The chief of police or
sheriff deleted text begin that deleted text end new text begin shall deny an application if new text end the proposed transferee is prohibited by deleted text begin section
624.713 deleted text end new text begin state or federal law new text end from possessing a pistol or semiautomatic military-style assault
weapon deleted text begin shall be the sole basis for a notification of disqualification under this section deleted text end new text begin or is
determined to be a danger to self or others under paragraph (b) new text end .

new text begin (b) A chief of police or sheriff shall deny an application if the person is a danger to self
or others. The decision of the chief of police or sheriff must be based on documented past
contact with law enforcement. A notice of disqualification issued pursuant to this paragraph
must describe and document the specific law enforcement contact or contacts relied upon
to deny the application.
new text end

new text begin (c) A chief of police or sheriff need not process an application under this section if the
person has had an application denied pursuant to paragraph (b) and less than six months
have elapsed since the denial was issued or the person's appeal under subdivision 13 was
denied, whichever is later.
new text end

new text begin (d) A chief of police or sheriff who denies an application pursuant to paragraph (b) must
provide a copy of the notice of disqualification to the chief of police or sheriff with joint
jurisdiction over the applicant's residence.
new text end

deleted text begin Subd. 6. deleted text end

deleted text begin Transferee permit. deleted text end

deleted text begin If a chief of police or sheriff determines that a transferee
is not a person prohibited by section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon, the transferee may, within 30 days after the determination,
apply to that chief of police or sheriff for a transferee permit, and the permit shall be issued.
deleted text end

Subd. 8.

Report not required.

If the proposed transferee presents deleted text begin a valid transferee
permit issued under section 624.7131 or deleted text end a valid permit to carry issued under section 624.714,
the transferor need not file a transfer report.

Subd. 9.

Number of pistols or semiautomatic military-style assault weapons.

Any
number of pistols or semiautomatic military-style assault weapons may be the subject of a
single transfer agreement and report to the chief of police or sheriff. Nothing in this section
or section 624.7131 shall be construed to limit or restrict the number of pistols or
semiautomatic military-style assault weapons a person may acquire.

Subd. 10.

Restriction on records.

If, after a determination that the transferee is not a
person prohibited by section 624.713 from possessing a pistol or semiautomatic military-style
assault weapon, a transferee requests that no record be maintained of the fact of who is the
transferee of a pistol or semiautomatic military-style assault weapon, the chief of police or
sheriff shall sign the transfer report and return it to the transferee as soon as possible.
Thereafter, no government employee or agency shall maintain a record of the transfer that
identifies the transferee, and the transferee shall retain the report of transfer.

Subd. 11.

Forms; cost.

Chiefs of police and sheriffs shall make transfer report forms
available throughout the community. There shall be no charge for forms, reports,
investigations, notifications, waivers or any other act performed or materials provided by
a government employee or agency in connection with a transfer.

Subd. 12.

Exclusions.

Except as otherwise provided in section 609.66, subdivision 1f,
this section shall not apply to transfers of antique firearms as curiosities or for their historical
significance or value, transfers to or between federally licensed firearms dealers, transfers
by order of court, involuntary transfers, transfers at death or the following transfers:

(1) a transfer by a person other than a federally licensed firearms dealer;

(2) a loan to a prospective transferee if the loan is intended for a period of no more than
one day;

(3) the delivery of a pistol or semiautomatic military-style assault weapon to a person
for the purpose of repair, reconditioning or remodeling;

(4) a loan by a teacher to a student in a course designed to teach marksmanship or safety
with a pistol and approved by the commissioner of natural resources;

(5) a loan between persons at a firearms collectors exhibition;

(6) a loan between persons lawfully engaged in hunting or target shooting if the loan is
intended for a period of no more than 12 hours;

(7) a loan between law enforcement officers who have the power to make arrests other
than citizen arrests; and

(8) a loan between employees or between the employer and an employee in a business
if the employee is required to carry a pistol or semiautomatic military-style assault weapon
by reason of employment and is the holder of a valid permit to carry a pistol.

Subd. 13.

Appeal.

A person aggrieved by the determination of a chief of police or sheriff
that the person is prohibited by section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon may appeal the determination as provided in this subdivision.
The district court shall have jurisdiction of proceedings under this subdivision.

On review pursuant to this subdivision, the court shall be limited to a determination of
whether the proposed transferee is a person prohibited from possessing a pistol or
semiautomatic military-style assault weapon by section 624.713.

deleted text begin Subd. 14. deleted text end

deleted text begin Transfer to unknown party. deleted text end

deleted text begin (a) No person shall transfer a pistol or
semiautomatic military-style assault weapon to another who is not personally known to the
transferor unless the proposed transferee presents evidence of identity to the transferor.
deleted text end

deleted text begin (b) No person who is not personally known to the transferor shall become a transferee
of a pistol or semiautomatic military-style assault weapon unless the person presents evidence
of identity to the transferor.
deleted text end

deleted text begin (c) The evidence of identity shall contain the name, residence address, date of birth, and
photograph of the proposed transferee; must be made or issued by or under the authority of
deleted text end deleted text begin the United States government, a state, a political subdivision of a state, a foreign government,
a political subdivision of a foreign government, an international governmental or an
international quasi-governmental organization; and must be of a type commonly accepted
for the purpose of identification of individuals.
deleted text end

deleted text begin (d) A person who becomes a transferee of a pistol or semiautomatic military-style assault
weapon in violation of this subdivision is guilty of a misdemeanor.
deleted text end

Subd. 15.

Penalties.

(a) Except as otherwise provided in paragraph (b), a person who
does any of the following is guilty of a gross misdemeanor:

(1) transfers a pistol or semiautomatic military-style assault weapon in violation of
subdivisions 1 to 13;

(2) transfers a pistol or semiautomatic military-style assault weapon to a person who
has made a false statement in order to become a transferee, if the transferor knows or has
reason to know the transferee has made the false statement;

(3) knowingly becomes a transferee in violation of subdivisions 1 to 13; or

(4) makes a false statement in order to become a transferee of a pistol or semiautomatic
military-style assault weapon knowing or having reason to know the statement is false.

(b) A person who does either of the following is guilty of a felony:

(1) transfers a pistol or semiautomatic military-style assault weapon to a person under
the age of 18 in violation of subdivisions 1 to 13; or

(2) transfers a pistol or semiautomatic military-style assault weapon to a person under
the age of 18 who has made a false statement in order to become a transferee, if the transferor
knows or has reason to know the transferee has made the false statement.

Subd. 16.

Local regulation.

This section shall be construed to supersede municipal or
county regulation of the transfer of pistols.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

new text begin [624.7134] PRIVATE PARTY TRANSFERS; BACKGROUND CHECK
REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings provided in this subdivision.
new text end

new text begin (b) "Firearms dealer" means a person who is licensed by the United States Department
of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, under United States Code,
title 18, section 923(a).
new text end

new text begin (c) "State or federally issued identification" means a document or card made or issued
by or under the authority of the United States government or the state that contains the
person's name, residence address, date of birth, and photograph and is of a type commonly
accepted for the purpose of identification of individuals.
new text end

new text begin Subd. 2. new text end

new text begin Background check and evidence of identity. new text end

new text begin A person who is not a firearms
dealer is prohibited from transferring possession or ownership of a pistol or semiautomatic
military-style assault weapon to any other person who is not a firearms dealer, unless the
transferee presents a valid transferee permit issued under section 624.7131 and a current
state or federally issued identification.
new text end

new text begin Subd. 3. new text end

new text begin Record of transfer; required information. new text end

new text begin (a) When two parties complete
the transfer of a pistol or semiautomatic military-style assault weapon under subdivision 2,
the transferor and transferee must complete a record of transfer 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 of transfer must be signed and dated by
the transferor and the transferee and contain the serial number of the pistol or semiautomatic
military-style assault weapon.
new text end

new text begin (b) The record of transfer must contain the following information:
new text end

new text begin (1) a clear copy of each person's current state or federally issued identification;
new text end

new text begin (2) a clear copy of the transferee permit presented by the transferee; and
new text end

new text begin (3) a signed statement by the transferee swearing that the transferee is not currently
prohibited by state or federal law from possessing a firearm.
new text end

new text begin (c) The record of transfer must also contain the following information regarding the
transferred pistol or semiautomatic military-style assault weapon:
new text end

new text begin (1) the type of pistol or semiautomatic military-style assault weapon;
new text end

new text begin (2) the manufacturer, make, and model of the pistol or semiautomatic military-style
assault weapon; and
new text end

new text begin (3) the pistol or semiautomatic military-style assault weapon's manufacturer-assigned
serial number.
new text end

new text begin (d) Both the transferor and the transferee must retain a copy of the record of transfer
and any attachments to the record of transfer for 20 years from the date of the transfer. A
copy in digital form shall be acceptable for the purposes of this paragraph.
new text end

new text begin Subd. 4. new text end

new text begin Compulsory production of a record of transfer; gross misdemeanor
penalty. new text end

new text begin (a) The transferor and transferee of a pistol or semiautomatic military-style assault
weapon transferred under this section must produce the record of transfer 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 a record of transfer for a firearm
transferred under this section in response to a request for production made by a peace officer
pursuant to paragraph (a) is guilty of a gross 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 transferred firearm.
new text end

new text begin Subd. 5. 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 transfer that satisfies the requirements of subdivision 3.
new text end

new text begin Subd. 6. new text end

new text begin Exclusions. new text end

new text begin (a) This section shall not apply to the following transfers:
new text end

new text begin (1) a transfer by or to a federally licensed firearms dealer;
new text end

new text begin (2) a transfer by or to any law enforcement agency;
new text end

new text begin (3) to the extent the transferee is acting within the course and scope of employment and
official duties, a transfer to:
new text end

new text begin (i) a peace officer, as defined in section 626.84, subdivision 1, paragraph (c);
new text end

new text begin (ii) a member of the United States armed forces, the National Guard, or the Reserves of
the United States armed forces;
new text end

new text begin (iii) a federal law enforcement officer; or
new text end

new text begin (iv) a security guard employed by a protective agent licensed pursuant to chapter 326;
new text end

new text begin (4) a transfer between immediate family members, which for the purposes of this section
means spouses, domestic partners, parents, children, siblings, grandparents, and
grandchildren;
new text end

new text begin (5) a transfer 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;
new text end

new text begin (6) a transfer of an antique firearm as defined in section 624.712, subdivision 3;
new text end

new text begin (7) a transfer of a curio or relic, as defined in Code of Federal Regulations, title 27,
section 478.11, if the transfer 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;
new text end

new text begin (8) the temporary transfer of a firearm if:
new text end

new text begin (i) the transfer is necessary to prevent imminent death or great bodily harm; and
new text end

new text begin (ii) the person's possession lasts only as long as immediately necessary to prevent such
imminent death or great bodily harm;
new text end

new text begin (9) transfers by or to 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;
and
new text end

new text begin (10) a temporary transfer if the transferee's possession of the firearm following the
transfer is only:
new text end

new text begin (i) at a shooting range that operates in compliance with the performance standards under
chapter 87A or is a nonconforming use under section 87A.03, subdivision 2, or, if compliance
is not required by the governing body of the jurisdiction, at an established shooting range
operated consistently with local law in the jurisdiction;
new text end

new text begin (ii) at a lawfully organized competition involving the use of a firearm, or while
participating in or practicing for a performance by an organized group that uses firearms as
part of the performance;
new text end

new text begin (iii) while hunting or trapping if the hunting or trapping is legal in all places where the
transferee possesses the firearm and the transferee holds all licenses or permits required for
hunting or trapping;
new text end

new text begin (iv) at a lawfully organized educational or instructional course and under the direct
supervision of a certified instructor, as that term is defined in section 624.714, subdivision
2a, paragraph (d); or
new text end

new text begin (v) while in the actual presence of the transferor.
new text end

new text begin (b) A transfer under this subdivision is permitted only if the transferor has no reason to
believe:
new text end

new text begin (1) that the transferee is prohibited by federal law from buying or possessing firearms
or not entitled under state law to possess firearms;
new text end

new text begin (2) if the transferee is under 18 years of age and is receiving the firearm under direct
supervision and control of an adult, that the adult is prohibited by federal law from buying
or possessing firearms or not entitled under state law to possess firearms; or
new text end

new text begin (3) that the transferee will use or intends to use the firearm in the commission of a crime.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end