HF 2415

as introduced - 89th Legislature (2015 - 2016) Posted on 03/30/2016 12:38pm

A bill for an act
relating to public safety; mandating firearms training prior to taking permanent
possession of a firearm; extending the waiting period to receive a permit to
purchase a firearm; modifying provisions related to the transfer of pistols and
semiautomatic military-style assault weapons, and to eligibility to possess
a firearm; requiring the safe storage of firearms and ammunition; placing
requirements on the transfer of firearms; imposing criminal penalties; amending
Minnesota Statutes 2014, sections 97B.015, subdivision 1; 624.7131, subdivision
5; 624.7132, subdivisions 12, 15, by adding a subdivision; 624.714, subdivision
2a; proposing coding for new law in Minnesota Statutes, chapter 624; repealing
Minnesota Statutes 2014, sections 609.66, subdivision 1f; 624.7132, subdivision
14.

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

Section 1.

Minnesota Statutes 2014, section 97B.015, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The commissioner shall establish a statewide
course in the safe use new text begin and storage new text end of firearms and identification of wild mammals and
birds. A course may be held in a school district. The courses must be conducted by the
commissioner in cooperation with other organizations. The courses must instruct deleted text begin youths
deleted text end new text begin students new text end in commonly accepted principles of safety in hunting deleted text begin and deleted text end new text begin , the proper new text end handling
new text begin of new text end common hunting firearms new text begin , fundamental legal aspects of firearms ownership and use,
new text end and identification of various species of wild mammals and birds by sight and other unique
characteristics.

Sec. 2.

Minnesota Statutes 2014, section 624.7131, subdivision 5, is amended to read:

Subd. 5.

Granting of permits.

The chief of police or sheriff shall issue a transferee
permit or deny the application within deleted text begin seven deleted text end new text begin 28 new text end days of application for the permit. The chief
of police or sheriff shall provide an applicant with written notification of a denial and the
specific reason for the denial. The permits and their renewal shall be granted free of charge.

Sec. 3.

Minnesota Statutes 2014, section 624.7132, is amended by adding a subdivision
to read:

new text begin Subd. 7a. new text end

new text begin Transfer by or to licensed dealers only. new text end

new text begin No person shall transfer a pistol
or semiautomatic military-style assault weapon unless the transferor or the transferee
is a federally licensed firearms dealer. Where neither party to a prospective pistol or
semiautomatic military-style assault weapon transfer is a federally licensed firearms
dealer, the parties shall complete the transfer through a federally licensed firearms dealer
as follows:
new text end

new text begin (1) the transferor shall deliver the pistol or semiautomatic military-style assault
weapon and a valid transferee permit or report of transfer to a federally licensed firearms
dealer, who shall retain possession of that pistol or semiautomatic military-style assault
weapon until the transaction is completed or transferred as provided in clause (3);
new text end

new text begin (2) the federally licensed dealer shall comply with this section and federal law as
if the dealer had agreed to directly transfer the pistol or semiautomatic military-style
assault weapon to the proposed transferee;
new text end

new text begin (3) if the dealer cannot legally deliver the pistol or semiautomatic military-style
assault weapon to the proposed transferee or otherwise chooses not to complete the
transaction, the dealer shall conduct a background check in accordance with federal law
and file a report of transfer to transfer the pistol or semiautomatic military-style assault
weapon back to the original transferor. If the original transferor is prohibited by any state
or federal law from possessing a pistol or semiautomatic military-style assault weapon, the
dealer shall transfer the firearm to the chief of police or sheriff within 24 hours;
new text end

new text begin (4) a dealer who denies transfer of a pistol or semiautomatic military-style assault
weapon shall immediately report the identity of the proposed transferee, and the date,
time, and place of the attempted transfer to the local law enforcement agency where
the dealer is located; and
new text end

new text begin (5) the dealer may require the proposed transferee to pay a fee of no more than $25
when assisting with a transfer under this subdivision.
new text end

Sec. 4.

Minnesota Statutes 2014, section 624.7132, subdivision 12, is amended to read:

Subd. 12.

Exclusions.

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

deleted text begin (1) a transfer by a person other than a federally licensed firearms dealer;
deleted text end

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

deleted text begin (3) deleted text end new text begin (1) new text end the delivery of a pistol or semiautomatic military-style assault weapon to a
person for the purpose of repair, reconditioning or remodeling;

deleted text begin (4) deleted text end new text begin (2) new text end 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;

deleted text begin (5) a loan between persons at a firearms collectors exhibition;
deleted text end

deleted text begin (6) deleted text end new text begin (3) new text end 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;

deleted text begin (7) deleted text end new text begin (4) new text end a loan between law enforcement officers who have the power to make arrests
other than citizen arrests; and

deleted text begin (8) deleted text end new text begin (5) new text end 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.

Sec. 5.

Minnesota Statutes 2014, section 624.7132, subdivision 15, is amended to read:

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 deleted text begin either deleted text end new text begin any new text end 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; deleted text begin or
deleted text end

(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 deleted text begin . deleted text end new text begin ;
new text end

new text begin (3) transfers a pistol or a semiautomatic military-style assault weapon to another in
violation of this section if:
new text end

new text begin (i) the person knows or has reason to know that the transferee is prohibited under
state or federal law from possessing a firearm; and
new text end

new text begin (ii) the transferee uses the weapon within one year after the transfer in furtherance
of a felony crime of violence; or
new text end

new text begin (4) violates paragraph (a), clause (1) or (3), after having been previously convicted
or adjudicated delinquent for a violation of this section or section 624.7131.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

new text begin [624.7134] FIREARMS TRAINING REQUIRED.
new text end

new text begin (a) Prior to transferring a firearm, the transferee must provide the transferor with
proof of firearms training completed within five years of the date of transfer. A certificate
issued under section 97B.015, a valid permit to carry a handgun issued under section
624.714, or another document that establishes that the transferee has timely satisfied the
training requirements of section 624.714, subdivision 2a, paragraph (b), is acceptable
proof of firearms training for purposes of this section.
new text end

new text begin (b) It is a misdemeanor for a person to transfer or receive a firearm without
complying with paragraph (a).
new text end

new text begin (c) It is a felony for a transferee to receive a firearm from a transferor after providing
a false certificate of training to the transferor.
new text end

Sec. 7.

Minnesota Statutes 2014, section 624.714, subdivision 2a, is amended to read:

Subd. 2a.

Training in safe use new text begin and storage new text end of a pistol.

(a) An applicant must
present evidence that the applicant received training in the safe use new text begin and safe storage new text end of
a pistol within one year of the date of an original or renewal application. Training may
be demonstrated by:

(1) employment as a peace officer in the state of Minnesota within the past year; or

(2) completion of a firearms safety or training course providing basic training in the
safe use of a pistol and conducted by a certified instructor.

(b) Basic training must include:

(1) instruction in the fundamentals of pistol use new text begin and safe storage new text end ;

(2) successful completion of an actual shooting qualification exercise; and

(3) instruction in the fundamental legal aspects of pistol possession, carry, and use,
including self-defense and the restrictions on the use of deadly force.

(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 by the instructor and attest that the person attended and completed the course.

(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.

(e) A sheriff must accept the training described in this subdivision as meeting the
requirement in subdivision 2, paragraph (b), for training in the safe use of a pistol. A
sheriff may also accept other satisfactory evidence of training in the safe use of a pistol.

Sec. 8.

new text begin [624.7163] FIREARM AND AMMUNITION STORAGE
REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Storage. new text end

new text begin The owner of a firearm must take reasonable action to
secure the firearm when it is not in use. For this purpose, reasonable action requires storage
of a firearm, unloaded, with a locking device, and stored separately from its ammunition.
new text end

new text begin Subd. 2. new text end

new text begin Transfer. new text end

new text begin No person shall transfer a firearm to another without an
appropriate locking device, unless the transferee provides proof of ownership of a locking
device capable of storing the firearm in compliance with subdivision 1. The transferee must
own a sufficient number of locking devices to secure each firearm the transferee owns.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin A person who violates this section is guilty of a misdemeanor.
new text end

new text begin Subd. 4. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, "locking device" means a device
that renders the firearm inaccessible, and includes without limitation the following: a
trigger lock; a barrel lock; a cylinder lock; a gun vault; a locked cabinet; a locked box;
or any other appropriate locked container.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 609.66, subdivision 1f; and 624.7132, subdivision
14, new text end new text begin are repealed.
new text end