HF 2580

as introduced - 89th Legislature (2015 - 2016) Posted on 03/15/2016 09:19am

A bill for an act
relating to public safety; prohibiting persons named on the consolidated terrorist
watchlist from possessing firearms; amending Minnesota Statutes 2014, section
624.712, by adding a subdivision; Minnesota Statutes 2015 Supplement, section
624.713, subdivision 1.

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

Section 1.

Minnesota Statutes 2014, section 624.712, is amended by adding a
subdivision to read:

new text begin Subd. 13. new text end

new text begin Consolidated terrorist watchlist. new text end

new text begin "Consolidated terrorist watchlist"
means the database of identifying information about those known or reasonably suspected
of being involved in terrorist activity maintained by the terrorist screening center under
the administration of the Federal Bureau of Investigation.
new text end

Sec. 2.

Minnesota Statutes 2015 Supplement, section 624.713, subdivision 1, is
amended to read:

Subdivision 1.

Ineligible persons.

The following persons shall not be entitled to
possess ammunition or 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 may possess
ammunition designed for use in a firearm that the person may lawfully possess and 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 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, 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 and ammunition 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 and ammunition has been restored under subdivision 4;

(5) a person who has 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 and ammunition 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 or
ammunition 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;

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

(viii) is disqualified from possessing a firearm under United States Code, title 18,
section 922(g)(8) or (9), as amended through March 1, 2014;

(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;

(12) a person who has been convicted of a violation of section 609.224 if the court
determined that the assault was against a family or household member in accordance with
section 609.2242, subdivision 8 (domestic assault), unless three years have elapsed since
the date of conviction and, during that time, the person has not been convicted of another
violation of section 609.224 or a violation of a section listed in clause (11); deleted text begin or
deleted text end

(13) a person who is subject to an order for protection as described in section
260C.201, subdivision 3, paragraph (d), or 518B.01, subdivision 6, paragraph (g) new text begin ; or
new text end

new text begin (14) a person named on the consolidated terrorist watchlist new text end .

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 or
ammunition 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
and ammunition 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 60 days after the federal government
grants state law enforcement officers access to the consolidated terrorist watchlist.
new text end