HF 2578

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; lengthening mandatory minimum 
  1.3             sentences for violent crimes committed with a firearm; 
  1.4             adding felony thefts to the definition of "crime of 
  1.5             violence" in the gun control act; permanently 
  1.6             prohibiting persons convicted of a crime of violence 
  1.7             from possessing pistols and semiautomatic 
  1.8             military-style assault weapons in this state; 
  1.9             authorizing law enforcement officers to possess 
  1.10            silencers; increasing penalties for illegally carrying 
  1.11            a pistol and for illegally transferring a pistol or 
  1.12            semiautomatic military-style assault weapon to a 
  1.13            minor; making technical corrections; amending 
  1.14            Minnesota Statutes 1994, sections 609.11, subdivision 
  1.15            5; 609.165, subdivisions 1a and 1b; 609.168; 609.66, 
  1.16            subdivision 2; 624.713, subdivisions 2 and 3; 
  1.17            624.7132, subdivision 8; 624.714, subdivisions 1 and 
  1.18            5; 624.7141; and 638.02, subdivision 2; Minnesota 
  1.19            Statutes 1995 Supplement, sections 624.712, 
  1.20            subdivision 5; and 624.713, subdivision 1. 
  1.21  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.22     Section 1.  Minnesota Statutes 1994, section 609.11, 
  1.23  subdivision 5, is amended to read: 
  1.24     Subd. 5.  [FIREARM.] (a) Any defendant convicted of an 
  1.25  offense listed in subdivision 9 in which the defendant or an 
  1.26  accomplice, at the time of the offense, had in possession or 
  1.27  used, whether by brandishing, displaying, threatening with, or 
  1.28  otherwise employing, a firearm, shall be committed to the 
  1.29  commissioner of corrections for not less than the presumptive 
  1.30  sentence duration applicable to the defendant under the 
  1.31  sentencing guidelines plus three years, nor more than the 
  1.32  maximum sentence provided by law.  
  1.33     (b) Any defendant convicted of a second or subsequent 
  2.1   offense in which the defendant or an accomplice, at the time of 
  2.2   the offense, had in possession or used a firearm shall be 
  2.3   committed to the commissioner of corrections for not less 
  2.4   than the presumptive sentence duration applicable to the 
  2.5   defendant under the sentencing guidelines plus five years, nor 
  2.6   more than the maximum sentence provided by law.  
  2.7      Sec. 2.  Minnesota Statutes 1994, section 609.165, 
  2.8   subdivision 1a, is amended to read: 
  2.9      Subd. 1a.  [CERTAIN CONVICTED FELONS INELIGIBLE TO POSSESS 
  2.10  FIREARMS.] The order of discharge must provide that a person who 
  2.11  has been convicted of a crime of violence, as defined in section 
  2.12  624.712, subdivision 5, is not entitled to ship, transport, 
  2.13  possess, or receive:  (1) a pistol or semiautomatic 
  2.14  military-style assault weapon for the remainder of the person's 
  2.15  lifetime; or (2) any other type of firearm until ten years have 
  2.16  elapsed since the person was restored to civil rights and during 
  2.17  that time the person was not convicted of any other crime of 
  2.18  violence.  Any person who has received such a discharge and who 
  2.19  thereafter has received a relief of disability under United 
  2.20  States Code, title 18, section 925, shall not be subject to the 
  2.21  restrictions of this subdivision.  
  2.22     Sec. 3.  Minnesota Statutes 1994, section 609.165, 
  2.23  subdivision 1b, is amended to read: 
  2.24     Subd. 1b.  [VIOLATION AND PENALTY.] (a) Any person who has 
  2.25  been convicted of a crime of violence, as defined in section 
  2.26  624.712, subdivision 5, and who ships, transports, possesses, or 
  2.27  receives a pistol or semiautomatic military-style assault weapon 
  2.28  at any time, or who ships, transports, possesses, or receives 
  2.29  any other type of firearm in violation of subdivision 1a before 
  2.30  ten years have elapsed since the person was restored to civil 
  2.31  rights, commits a felony and may be sentenced to imprisonment 
  2.32  for not more than three five years or to payment of a fine of 
  2.33  not more than $6,000 $10,000, or both.  
  2.34     (b) Nothing in this section shall be construed to bar a 
  2.35  conviction and sentencing for a violation of section 624.713, 
  2.36  subdivision 1, clause (b) 2. 
  3.1      Sec. 4.  Minnesota Statutes 1994, section 609.168, is 
  3.2   amended to read: 
  3.3      609.168 [EFFECT OF ORDER.] 
  3.4      Except as otherwise provided in this section, where an 
  3.5   order is entered by the court setting aside the conviction the 
  3.6   person shall be deemed not to have been previously convicted.  
  3.7   An order setting aside a conviction for a crime of violence, as 
  3.8   defined in section 624.712, subdivision 5, must provide that:  
  3.9   (1) the person is not entitled to ship, transport, possess, or 
  3.10  receive a pistol or semiautomatic military-style assault weapon 
  3.11  for the remainder of the person's lifetime; and (2) the person 
  3.12  is not entitled to possess any other type of firearm until ten 
  3.13  years have elapsed since the order was entered and during that 
  3.14  time the person was not convicted of any other crime of 
  3.15  violence.  Any person who has received an order setting aside a 
  3.16  conviction and who thereafter has received a relief of 
  3.17  disability under United States Code, title 18, section 925, 
  3.18  shall not be subject to the restrictions of this subdivision.  
  3.19     The record of a conviction set aside under this section 
  3.20  shall not be destroyed, but shall be sealed and may be opened 
  3.21  only upon court order for purposes of a criminal investigation, 
  3.22  prosecution, or sentencing. 
  3.23     Sec. 5.  Minnesota Statutes 1994, section 609.66, 
  3.24  subdivision 2, is amended to read: 
  3.25     Subd. 2.  [EXCEPTIONS.] Nothing in this section prohibits 
  3.26  the possession of the articles mentioned by museums or 
  3.27  collectors of art or for other lawful purposes of public 
  3.28  exhibition.  Nothing in this section prohibits the possession by 
  3.29  law enforcement officers in the course of their duties of 
  3.30  devices designed to silence or muffle the discharge of a firearm.
  3.31     Sec. 6.  Minnesota Statutes 1995 Supplement, section 
  3.32  624.712, subdivision 5, is amended to read: 
  3.33     Subd. 5.  [CRIME OF VIOLENCE.] "Crime of violence" includes 
  3.34  murder in the first, second, and third degrees, manslaughter in 
  3.35  the first and second degrees, aiding suicide, aiding attempted 
  3.36  suicide, felony violations of assault in the first, second, 
  4.1   third, and fourth degrees, assaults motivated by bias under 
  4.2   section 609.2231, subdivision 4, terroristic threats, use of 
  4.3   drugs to injure or to facilitate crime, crimes committed for the 
  4.4   benefit of a gang, commission of a crime while wearing or 
  4.5   possessing a bullet-resistant vest, simple robbery, aggravated 
  4.6   robbery, kidnapping, false imprisonment, criminal sexual conduct 
  4.7   in the first, second, third, and fourth degrees, felony-level 
  4.8   theft of a firearm, arson in the first and second degrees, riot, 
  4.9   burglary in the first, second, third, and fourth degrees, 
  4.10  harassment and stalking, shooting at a public transit vehicle or 
  4.11  facility, reckless use of a gun or dangerous weapon, 
  4.12  intentionally pointing a gun at or towards a human being, 
  4.13  setting a spring gun, and unlawfully owning, possessing, 
  4.14  operating a machine gun or short-barreled shotgun, and an 
  4.15  attempt to commit any of these offenses, as each of those 
  4.16  offenses is defined in chapter 609.  "Crime of violence" also 
  4.17  includes felony violations of the following:  malicious 
  4.18  punishment of a child; neglect or endangerment of a child; and 
  4.19  chapter 152. 
  4.20     Sec. 7.  Minnesota Statutes 1995 Supplement, section 
  4.21  624.713, subdivision 1, is amended to read: 
  4.22     Subdivision 1.  [INELIGIBLE PERSONS.] The following persons 
  4.23  shall not be entitled to possess a pistol or semiautomatic 
  4.24  military-style assault weapon or, except for paragraph (a), any 
  4.25  other firearm: 
  4.26     (a) a person under the age of 18 years except that a person 
  4.27  under 18 may carry or possess a pistol or semiautomatic 
  4.28  military-style assault weapon (i) in the actual presence or 
  4.29  under the direct supervision of the person's parent or guardian, 
  4.30  (ii) for the purpose of military drill under the auspices of a 
  4.31  legally recognized military organization and under competent 
  4.32  supervision, (iii) for the purpose of instruction, competition, 
  4.33  or target practice on a firing range approved by the chief of 
  4.34  police or county sheriff in whose jurisdiction the range is 
  4.35  located and under direct supervision; or (iv) if the person has 
  4.36  successfully completed a course designed to teach marksmanship 
  5.1   and safety with a pistol or semiautomatic military-style assault 
  5.2   weapon and approved by the commissioner of natural resources; 
  5.3      (b) except as otherwise provided in clause (i), a person 
  5.4   who has been convicted of, or adjudicated delinquent or 
  5.5   convicted as an extended jurisdiction juvenile for committing, 
  5.6   in this state or elsewhere, a crime of violence is permanently 
  5.7   prohibited from possessing a pistol or a semiautomatic 
  5.8   military-style assault weapon; and also is prohibited from 
  5.9   possessing any other type of firearm unless ten years have 
  5.10  elapsed since the person has been restored to civil rights or 
  5.11  the sentence or disposition has expired, whichever occurs first, 
  5.12  and during that time the person has not been convicted of or 
  5.13  adjudicated for any other crime of violence.  For purposes of 
  5.14  this section, crime of violence includes crimes in other states 
  5.15  or jurisdictions which would have been crimes of violence as 
  5.16  herein defined if they had been committed in this state; 
  5.17     (c) a person who is or has ever been confined in Minnesota 
  5.18  or elsewhere as a "mentally ill," "mentally retarded," or 
  5.19  "mentally ill and dangerous to the public" person as defined in 
  5.20  section 253B.02, to a treatment facility, or who has ever been 
  5.21  found incompetent to stand trial or not guilty by reason of 
  5.22  mental illness, unless the person possesses a certificate of a 
  5.23  medical doctor or psychiatrist licensed in Minnesota, or other 
  5.24  satisfactory proof that the person is no longer suffering from 
  5.25  this disability; 
  5.26     (d) a person who has been convicted in Minnesota or 
  5.27  elsewhere of a misdemeanor or gross misdemeanor violation of 
  5.28  chapter 152, or a person who is or has ever been hospitalized or 
  5.29  committed for treatment for the habitual use of a controlled 
  5.30  substance or marijuana, as defined in sections 152.01 and 
  5.31  152.02, unless the person possesses a certificate of a medical 
  5.32  doctor or psychiatrist licensed in Minnesota, or other 
  5.33  satisfactory proof, that the person has not abused a controlled 
  5.34  substance or marijuana during the previous two years; 
  5.35     (e) a person who has been confined or committed to a 
  5.36  treatment facility in Minnesota or elsewhere as "chemically 
  6.1   dependent" as defined in section 253B.02, unless the person has 
  6.2   completed treatment.  Property rights may not be abated but 
  6.3   access may be restricted by the courts; 
  6.4      (f) a peace officer who is informally admitted to a 
  6.5   treatment facility pursuant to section 253B.04 for chemical 
  6.6   dependency, unless the officer possesses a certificate from the 
  6.7   head of the treatment facility discharging or provisionally 
  6.8   discharging the officer from the treatment facility.  Property 
  6.9   rights may not be abated but access may be restricted by the 
  6.10  courts; 
  6.11     (g) a person, including a person under the jurisdiction of 
  6.12  the juvenile court, who has been charged with committing a crime 
  6.13  of violence and has been placed in a pretrial diversion program 
  6.14  by the court before disposition, until the person has completed 
  6.15  the diversion program and the charge of committing the crime of 
  6.16  violence has been dismissed; 
  6.17     (h) except as otherwise provided in clause (i), a person 
  6.18  who has been convicted in another state of committing an offense 
  6.19  similar to the offense described in section 609.224, subdivision 
  6.20  3, against a family or household member or section 609.2242, 
  6.21  subdivision 3, unless three years have elapsed since the date of 
  6.22  conviction and, during that time, the person has not been 
  6.23  convicted of any other violation of section 609.224, subdivision 
  6.24  3, or 609.2242, subdivision 3, or a similar law of another 
  6.25  state; 
  6.26     (i) a person who has been convicted in this state or 
  6.27  elsewhere of assaulting a family or household member and who was 
  6.28  found by the court to have used a firearm in any way during 
  6.29  commission of the assault is prohibited from possessing any type 
  6.30  of firearm for the period determined by the sentencing court; or 
  6.31     (j) a person who: 
  6.32     (1) has been convicted in any court of a crime punishable 
  6.33  by imprisonment for a term exceeding one year; 
  6.34     (2) is a fugitive from justice as a result of having fled 
  6.35  from any state to avoid prosecution for a crime or to avoid 
  6.36  giving testimony in any criminal proceeding; 
  7.1      (3) is an unlawful user of any controlled substance as 
  7.2   defined in chapter 152; 
  7.3      (4) has been judicially committed to a treatment facility 
  7.4   in Minnesota or elsewhere as a "mentally ill," "mentally 
  7.5   retarded," or "mentally ill and dangerous to the public" person 
  7.6   as defined in section 253B.02; 
  7.7      (5) is an alien who is illegally or unlawfully in the 
  7.8   United States; 
  7.9      (6) has been discharged from the armed forces of the United 
  7.10  States under dishonorable conditions; or 
  7.11     (7) has renounced the person's citizenship having been a 
  7.12  citizen of the United States. 
  7.13     A person who issues a certificate pursuant to this 
  7.14  subdivision in good faith is not liable for damages resulting or 
  7.15  arising from the actions or misconduct with a firearm committed 
  7.16  by the individual who is the subject of the certificate. 
  7.17     The prohibition in this subdivision relating to the 
  7.18  possession of firearms other than pistols and semiautomatic 
  7.19  military-style assault weapons does not apply retroactively to 
  7.20  persons who are prohibited from possessing a pistol or 
  7.21  semiautomatic military-style assault weapon under this 
  7.22  subdivision before August 1, 1994. 
  7.23     Sec. 8.  Minnesota Statutes 1994, section 624.713, 
  7.24  subdivision 2, is amended to read: 
  7.25     Subd. 2.  [PENALTIES.] A person named in subdivision 1, 
  7.26  clause (a) or (b), who possesses a pistol or semiautomatic 
  7.27  military-style assault weapon or a person named in subdivision 
  7.28  1, clause (b), who possesses any type of firearm is guilty of a 
  7.29  felony.  A person named in any other clause of subdivision 1 who 
  7.30  possesses a pistol or semiautomatic military-style assault 
  7.31  weapon any type of firearm is guilty of a gross misdemeanor.  
  7.32     Sec. 9.  Minnesota Statutes 1994, section 624.713, 
  7.33  subdivision 3, is amended to read: 
  7.34     Subd. 3.  [NOTICE.] (a) When a person is convicted of, or 
  7.35  adjudicated delinquent or convicted as an extended jurisdiction 
  7.36  juvenile for committing, a crime of violence as defined in 
  8.1   section 624.712, subdivision 5, the court shall inform the 
  8.2   defendant that the defendant is permanently prohibited from 
  8.3   possessing a pistol or semiautomatic military-style assault 
  8.4   weapon, and that the defendant is prohibited from possessing any 
  8.5   other type of firearm for a period of ten years after the person 
  8.6   was restored to civil rights or since the sentence or 
  8.7   disposition has expired, whichever occurs first, and that it is 
  8.8   a felony offense to violate this prohibition.  The failure of 
  8.9   the court to provide this information to a defendant does not 
  8.10  affect the applicability of the pistol or semiautomatic 
  8.11  military-style assault weapon firearm possession prohibition or 
  8.12  the felony penalty to that defendant. 
  8.13     (b) When a person, including a person under the 
  8.14  jurisdiction of the juvenile court, is charged with committing a 
  8.15  crime of violence and is placed in a pretrial diversion program 
  8.16  by the court before disposition, the court shall inform the 
  8.17  defendant that:  (1) the defendant is prohibited from possessing 
  8.18  a pistol or semiautomatic military-style assault weapon firearm 
  8.19  until the person has completed the diversion program and the 
  8.20  charge of committing a crime of violence has been dismissed; (2) 
  8.21  it is a gross misdemeanor offense to violate this prohibition; 
  8.22  and (3) if the defendant violates this condition of 
  8.23  participation in the diversion program, the charge of committing 
  8.24  a crime of violence may be prosecuted.  The failure of the court 
  8.25  to provide this information to a defendant does not affect the 
  8.26  applicability of the pistol or semiautomatic military-style 
  8.27  assault weapon firearm possession prohibition or the gross 
  8.28  misdemeanor penalty to that defendant. 
  8.29     Sec. 10.  Minnesota Statutes 1994, section 624.7132, 
  8.30  subdivision 8, is amended to read: 
  8.31     Subd. 8.  [REPORT NOT REQUIRED.] If the proposed transferee 
  8.32  presents a valid transferee permit issued under section 624.7131 
  8.33  or a valid permit to carry issued under section 624.714, or if 
  8.34  the transferee is a licensed peace officer, as defined in 
  8.35  section 626.84, subdivision 1 the transferor need not file a 
  8.36  transfer report. 
  9.1      Sec. 11.  Minnesota Statutes 1994, section 624.714, 
  9.2   subdivision 1, is amended to read: 
  9.3      Subdivision 1.  [PENALTY.] (a) A person, other than a law 
  9.4   enforcement officer who has authority to make arrests other than 
  9.5   citizens arrests, who carries, holds, or possesses a pistol in a 
  9.6   motor vehicle, snowmobile or boat, or on or about the person's 
  9.7   clothes or the person, or otherwise in possession or control in 
  9.8   a public place or public area without first having obtained a 
  9.9   permit to carry the pistol is guilty of a gross 
  9.10  misdemeanor felony and may be sentenced to imprisonment for not 
  9.11  more than three years or to payment of a fine of not more than 
  9.12  $5,000, or both.  A person who is convicted a second or 
  9.13  subsequent time is guilty of a felony and may be sentenced to 
  9.14  imprisonment for not more than five years or to payment of a 
  9.15  fine of not more than $10,000, or both.  
  9.16     (b) A person who has been issued a permit and who engages 
  9.17  in activities other than those for which the permit has been 
  9.18  issued, is guilty of a misdemeanor. 
  9.19     Sec. 12.  Minnesota Statutes 1994, section 624.714, 
  9.20  subdivision 5, is amended to read: 
  9.21     Subd. 5.  [GRANTING OF PERMITS.] No permit to carry shall 
  9.22  be granted to a person unless the applicant: 
  9.23     (a) (1) is not a person prohibited by section 624.713 from 
  9.24  possessing a pistol; 
  9.25     (b) (2) is not a person who has been convicted of violating 
  9.26  subdivision 1; 
  9.27     (3) provides a firearms safety certificate recognized by 
  9.28  the department of natural resources, evidence of successful 
  9.29  completion of a test of ability to use a firearm supervised by 
  9.30  the chief of police or sheriff or other satisfactory proof of 
  9.31  ability to use a pistol safely; and 
  9.32     (c) (4) has an occupation or personal safety hazard 
  9.33  requiring a permit to carry. 
  9.34     Sec. 13.  Minnesota Statutes 1994, section 624.7141, is 
  9.35  amended to read: 
  9.36     624.7141 [TRANSFER TO INELIGIBLE PERSON.] 
 10.1      Subdivision 1.  [TRANSFER PROHIBITED.] Except as otherwise 
 10.2   provided in subdivision 2, a person is guilty of a gross 
 10.3   misdemeanor who intentionally transfers a pistol or 
 10.4   semiautomatic military-style assault weapon to another if the 
 10.5   person knows that the transferee: 
 10.6      (1) has been denied a permit to carry under section 624.714 
 10.7   because the transferee is not eligible under section 624.713 to 
 10.8   possess a pistol or semiautomatic military-style assault weapon; 
 10.9      (2) has been found ineligible to possess a pistol or 
 10.10  semiautomatic military-style assault weapon by a chief of police 
 10.11  or sheriff as a result of an application for a transferee permit 
 10.12  or a transfer report; or 
 10.13     (3) is disqualified under section 624.713 from possessing a 
 10.14  pistol or semiautomatic military-style assault weapon. 
 10.15     Subd. 2.  [FELONY.] A violation of this section is a felony 
 10.16  if:  
 10.17     (1) the transferee is a minor; or 
 10.18     (2) the transferee possesses or uses the weapon within one 
 10.19  year after the transfer in furtherance of a felony crime of 
 10.20  violence. 
 10.21     Subd. 3.  [SUBSEQUENT ELIGIBILITY.] This section is not 
 10.22  applicable to a transfer to a person who became eligible to 
 10.23  possess a pistol or semiautomatic military-style assault weapon 
 10.24  under section 624.713 after the transfer occurred but before the 
 10.25  transferee used or possessed the weapon in furtherance of any 
 10.26  crime. 
 10.27     Sec. 14.  Minnesota Statutes 1994, section 638.02, 
 10.28  subdivision 2, is amended to read: 
 10.29     Subd. 2.  Any person, convicted of a crime in any court of 
 10.30  this state, who has served the sentence imposed by the court and 
 10.31  has been discharged of the sentence either by order of court or 
 10.32  by operation of law, may petition the board of pardons for the 
 10.33  granting of a pardon extraordinary.  Unless the board of pardons 
 10.34  expressly provides otherwise in writing by unanimous vote, the 
 10.35  application for a pardon extraordinary may not be filed until 
 10.36  the applicable time period in clause (1) or (2) has elapsed: 
 11.1      (1) if the person was convicted of a crime of violence as 
 11.2   defined in section 624.712, subdivision 5, ten years must have 
 11.3   elapsed since the sentence was discharged and during that time 
 11.4   the person must not have been convicted of any other crime; and 
 11.5      (2) if the person was convicted of any crime not included 
 11.6   within the definition of crime of violence under section 
 11.7   624.712, subdivision 5, five years must have elapsed since the 
 11.8   sentence was discharged and during that time the person must not 
 11.9   have been convicted of any other crime.  
 11.10  If the board of pardons determines that the person is of good 
 11.11  character and reputation, the board may, in its discretion, 
 11.12  grant the person a pardon extraordinary.  The pardon 
 11.13  extraordinary, when granted, has the effect of setting aside and 
 11.14  nullifying the conviction and of purging the person of it, and 
 11.15  the person shall never after that be required to disclose the 
 11.16  conviction at any time or place other than in a judicial 
 11.17  proceeding or as part of the licensing process for peace 
 11.18  officers. 
 11.19     The application for a pardon extraordinary, the proceedings 
 11.20  to review an application, and the notice requirements are 
 11.21  governed by the statutes and the rules of the board in respect 
 11.22  to other proceedings before the board.  The application shall 
 11.23  contain any further information that the board may require.  
 11.24     Unless the board of pardons expressly provides otherwise in 
 11.25  writing by unanimous vote, if the person was convicted of a 
 11.26  crime of violence, as defined in section 624.712, subdivision 5, 
 11.27  the pardon extraordinary must expressly provide that the pardon 
 11.28  does not entitle the person:  (1) to ever ship, transport, 
 11.29  possess, or receive a pistol or semiautomatic military-style 
 11.30  assault weapon; or (2) to ship, transport, possess, or receive 
 11.31  any other type of firearm until ten years have elapsed since the 
 11.32  sentence was discharged and during that time the person was not 
 11.33  convicted of any other crime of violence. 
 11.34     Sec. 15.  [EFFECTIVE DATE.] 
 11.35     Sections 1 to 14 are effective August 1, 1996, and apply to 
 11.36  crimes committed on or after that date.