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HF 3022

as introduced - 90th Legislature (2017 - 2018) Posted on 03/06/2018 09:10am

KEY: stricken = removed, old language. underscored = added, new language.

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Current Version - as introduced

A bill for an act
relating to public safety; modifying provisions related to transfer of firearms and
ammunition and to eligibility to possess firearm; limiting or prohibiting possession
of certain firearms and firearm accessories; providing criminal penalties;amending
Minnesota Statutes 2016, sections 13.87, subdivision 2; 97B.031, by adding a
subdivision; 609.66, subdivision 1a, by adding a subdivision; 609.67, subdivision
1; 624.712, subdivisions 6, 7, by adding subdivisions; 624.713, subdivisions 1,
1a, 3; 624.7131, subdivisions 1, 4, 7; 624.7132, subdivisions 1, 3, 4, 5, 6, 8, 9, 12,
15, by adding subdivisions; 624.7141; 624.7161, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapters 518A; 624; repealing Minnesota
Statutes 2016, sections 609.66, subdivision 1f; 624.711; 624.7131, subdivision
10; 624.7132, subdivisions 10, 14.

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

Section 1.

Minnesota Statutes 2016, section 13.87, subdivision 2, is amended to read:


Subd. 2.

Firearms data.

All data pertaining to the purchase or transfer of firearms, the
possession of assault weapons,
and applications for permits to carry firearms which that are
collected by government entities pursuant to sections 624.712 to 624.719 are private, pursuant
to section 13.02, subdivision 12
data on individuals.

EFFECTIVE DATE.

This section is effective September 1, 2018.

Sec. 2.

Minnesota Statutes 2016, section 97B.031, is amended by adding a subdivision to
read:


Subd. 4a.

Silencers prohibited.

Except as provided in section 609.66, subdivision 1i,
a person may not own or possess a silencer for a firearm or a firearm equipped to have a
silencer attached.

Sec. 3.

[518A.681] FIREARM RIGHTS SUSPENSION.

(a) Upon motion of an obligee or the public authority, which has been properly served
on the obligor by first-class mail at the last known address or in person, and if at a hearing
the court finds that (1) the obligor is in arrears in court-ordered child support or maintenance
payments, or both, in an amount equal to or greater than three times the obligor's total
monthly support and maintenance payments and is not in compliance with a written payment
agreement pursuant to section 518A.69, or (2) has failed, after receiving notice, to comply
with a subpoena relating to a paternity or child support proceeding, the court shall order
that the obligor?s firearms rights be suspended.

(b) In order to restore firearms rights suspended under this section, an obligor must
provide proof to the court that the obligor is in compliance with all written payment
agreements pursuant to section 518A.69. Within 15 days of receipt of that proof, the court
shall notify the commissioner of public safety that the obligor's firearms rights are restored.

Sec. 4.

Minnesota Statutes 2016, section 609.66, subdivision 1a, is amended to read:


Subd. 1a.

Felony crimes; suppressors silencers prohibited; reckless discharge.

(a)
Except as otherwise permitted in subdivision 1i, whoever does any of the following is guilty
of a felony and may be sentenced as provided in paragraph (b):

(1) sells or has in possession a suppressor that is not lawfully possessed under federal
law
any device designed to silence or muffle the discharge of a firearm;

(2) intentionally discharges a firearm under circumstances that endanger the safety of
another; or

(3) recklessly discharges a firearm within a municipality.

(b) A person convicted under paragraph (a) may be sentenced as follows:

(1) if the act was a violation of paragraph (a), clause (2), or if the act was a violation of
paragraph (a), clause (1) or (3), and was committed in a public housing zone, as defined in
section 152.01, subdivision 19, a school zone, as defined in section 152.01, subdivision
14a
, or a park zone, as defined in section 152.01, subdivision 12a, to imprisonment for not
more than five years or to payment of a fine of not more than $10,000, or both; or

(2) otherwise, to imprisonment for not more than two years or to payment of a fine of
not more than $5,000, or both.

(c) As used in this subdivision, "suppressor" means any device for silencing, muffling,
or diminishing the report of a portable firearm, including any combination of parts, designed
or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm
muffler, and any part intended only for use in such assembly or fabrication.

Sec. 5.

Minnesota Statutes 2016, section 609.66, is amended by adding a subdivision to
read:


Subd. 1i.

Silencers; authorized for law enforcement and wildlife control purposes.

(a) Notwithstanding subdivision 1a, paragraph (a), clause (1), licensed peace officers may
use devices designed to silence or muffle the discharge of a firearm for tactical emergency
response operations. Tactical emergency response operations include execution of high-risk
search and arrest warrants, incidents of terrorism, hostage rescue, and any other tactical
deployments involving high-risk circumstances. The chief law enforcement officer of a law
enforcement agency that has the need to use silencing devices must establish and enforce
a written policy governing the use of the devices.

(b) Notwithstanding subdivision 1a, paragraph (a), clause (1), an enforcement officer,
as defined in section 97A.015, subdivision 18, a wildlife area manager, an employee
designated under section 84.0835, or a person acting under contract with the commissioner
of natural resources at specific times and locations that are authorized by the commissioner
of natural resources may use devices designed to silence or muffle the discharge of a firearm
for wildlife control operations that require stealth. If the commissioner determines that the
use of silencing devices is necessary under this paragraph, the commissioner must establish
and enforce a written policy governing the use, possession, and transportation of the devices.

(c) Notwithstanding subdivision 1a, paragraph (a), clause (1), 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, as a firearms importer,
manufacturer, or dealer, who is acting in full compliance with all federal requirements under
that license, may possess devices designed to silence or muffle the discharge of a firearm
for the purpose of selling or otherwise transferring in any lawful manner the devices or
firearms tested with the devices to:

(1) the chief administrator of any federal, state, or local governmental agency;

(2) the commander or commander's designee of any unit of the United States Armed
Forces; or

(3) 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, as a firearms importer, manufacturer, or dealer, who is acting in full compliance with
all federal requirements under that license.

Sec. 6.

Minnesota Statutes 2016, section 609.67, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) "Machine gun" means any firearm designed to discharge,
or capable of discharging automatically more than once by a single function of the trigger.

(b) "Shotgun" means a weapon designed, redesigned, made or remade which is intended
to be fired from the shoulder and uses the energy of the explosive in a fixed shotgun shell
to fire through a smooth bore either a number of ball shot or a single projectile for each
single pull of the trigger.

(c) "Short-barreled shotgun" means a shotgun having one or more barrels less than 18
inches in length and any weapon made from a shotgun if such weapon as modified has an
overall length less than 26 inches.

(d) "Trigger activator" means a removable manual or power driven trigger activating
device constructed and designed so that, when attached to a firearm, the rate at which the
trigger may be pulled increases and the rate of fire of the firearm increases to approximate
that of a machine gun. For purposes of this section, a device that is designed to use the recoil
of a semiautomatic firearm to enable a shooter to fire multiple shots in rapid succession,
commonly known as a slide-fire or bump-fire stock, is a trigger activator.

(e) "Machine gun conversion kit" means any part or combination of parts designed and
intended for use in converting a weapon into a machine gun, and any combination of parts
from which a machine gun can be assembled, but does not include a spare or replacement
part for a machine gun that is possessed lawfully under section 609.67, subdivision 3.

EFFECTIVE DATE.

This section is effective August 1, 2018.

Sec. 7.

Minnesota Statutes 2016, section 624.712, subdivision 6, is amended to read:


Subd. 6.

Transfer.

"Transfer" means a sale, gift, loan, assignment or other delivery to
another, whether or not for consideration, of a pistol or semiautomatic military-style assault
weapon
firearm or the frame or receiver of a pistol or semiautomatic military-style assault
weapon
firearm.

Sec. 8.

Minnesota Statutes 2016, section 624.712, subdivision 7, is amended to read:


Subd. 7.

Semiautomatic military-style Assault weapon.

(a) "Semiautomatic
military-style
Assault weapon" means any:

(1) any of the following firearms:

(i) Avtomat Kalashnikov (AK-47) semiautomatic rifle type;

(ii) Beretta AR-70 and BM-59 semiautomatic rifle types;

(iii) Colt AR-15 semiautomatic rifle type;

(iv) Daewoo Max-1 and Max-2 semiautomatic rifle types;

(v) Famas MAS semiautomatic rifle type;

(vi) Fabrique Nationale FN-LAR and FN-FNC semiautomatic rifle types;

(vii) Galil semiautomatic rifle type;

(viii) Heckler & Koch HK-91, HK-93, and HK-94 semiautomatic rifle types;

(ix) Ingram MAC-10 and MAC-11 semiautomatic pistol and carbine types;

(x) Intratec TEC-9 semiautomatic pistol type;

(xi) Sigarms SIG 550SP and SIG 551SP semiautomatic rifle types;

(xii) SKS with detachable magazine semiautomatic rifle type;

(xiii) Steyr AUG semiautomatic rifle type;

(xiv) Street Sweeper and Striker-12 revolving-cylinder shotgun types;

(xv) USAS-12 semiautomatic shotgun type;

(xvi) Uzi semiautomatic pistol and carbine types; or

(xvii) Valmet M76 and M78 semiautomatic rifle types;

(2) any firearm that is another model made by the same manufacturer as one of the
firearms listed in clause (1), and has the same action design as one of the listed firearms,
and is a redesigned, renamed, or renumbered version of one of the firearms listed in clause
(1), or has a slight modification or enhancement, including but not limited to a folding or
retractable stock; adjustable sight; case deflector for left-handed shooters; shorter barrel;
wooden, plastic, or metal stock; larger clip size; different caliber; or a bayonet mount; and

(3) any firearm that has been manufactured or sold by another company under a licensing
agreement with a manufacturer of one of the firearms listed in clause (1) entered into after
the effective date of Laws 1993, chapter 326, to manufacture or sell firearms that are identical
or nearly identical to those listed in clause (1), or described in clause (2), regardless of the
company of production or country of origin.

The weapons listed in clause (1), except those listed in items (iii), (ix), (x), (xiv), and
(xv), are the weapons the importation of which was barred by the Bureau of Alcohol,
Tobacco, and Firearms of the United States Department of the Treasury in July 1989.

Except as otherwise specifically provided in paragraph (d), a firearm is not a
"semiautomatic military-style assault weapon" if it is generally recognized as particularly
suitable for or readily adaptable to sporting purposes under United States Code, title 18,
section 925, paragraph (d)(3), or any regulations adopted pursuant to that law.

(1) semiautomatic rifle that has the capacity to accept a detachable magazine and has
one or more of the following:

(i) a pistol grip or thumbhole stock;

(ii) any feature capable of functioning as a protruding grip that can be held by the
nontrigger hand;

(iii) a folding or telescoping stock; or

(iv) a shroud attached to the barrel or that partially or completely encircles the barrel
allowing the bearer to hold the firearm with the nontrigger hand without being burned, but
excluding a slide that encloses the barrel;

(2) semiautomatic pistol, or any semiautomatic, centerfire, or rimfire rifle with a fixed
magazine, that has the capacity to accept more than seven rounds of ammunition;

(3) semiautomatic pistol that has the capacity to accept a detachable magazine and has
one or more of the following:

(i) any feature capable of functioning as a protruding grip that can be held by the
nontrigger hand;

(ii) a folding, telescoping, or thumbhole stock;

(iii) a shroud attached to the barrel or that partially or completely encircles the barrel
allowing the bearer to hold the firearm with the nontrigger hand without being burned, but
excluding a slide that encloses the barrel; or

(iv) the capacity to accept a detachable magazine at any location outside of the pistol
grip;

(4) semiautomatic shotgun that has one or more of the following:

(i) a pistol grip or thumbhole stock;

(ii) any feature capable of functioning as a protruding grip that can be held by the
nontrigger hand;

(iii) a folding or telescoping stock;

(iv) a fixed magazine capacity in excess of seven rounds; or

(v) an ability to accept a detachable magazine;

(5) shotgun with a revolving cylinder; or

(6) conversion kit, part, or combination of parts from which an assault weapon can be
assembled if those parts are in the possession or under the control of the same person.

(b) Assault weapon does not include any firearm that has been made permanently
inoperable.

EFFECTIVE DATE.

This section is effective September 1, 2018, and applies to crimes
committed on or after that date.

Sec. 9.

Minnesota Statutes 2016, section 624.712, is amended by adding a subdivision to
read:


Subd. 13.

Firearm.

"Firearm" means a weapon that expels a projectile by the combustion
of gunpowder or other explosive charge.

Sec. 10.

Minnesota Statutes 2016, section 624.712, is amended by adding a subdivision
to read:


Subd. 14.

Large-capacity magazine.

"Large-capacity magazine" means any
ammunition-feeding device with the capacity to accept more than ten rounds, or any
conversion kit, part, or combination of parts from which this type of device can be assembled
if those parts are in the possession or under the control of the same person. The term does
not include any of the following:

(1) a feeding device that has been permanently altered so that it cannot accommodate
more than ten rounds;

(2) a .22 caliber tube ammunition feeding device; or

(3) a tubular magazine that is contained in a lever-action firearm.

Sec. 11.

Minnesota Statutes 2016, section 624.712, is amended by adding a subdivision
to read:


Subd. 15.

Detachable magazine.

"Detachable magazine" means an ammunition-feeding
device that can be loaded or unloaded while detached from a firearm and readily inserted
into a firearm.

EFFECTIVE DATE.

This section is effective September 1, 2018, and applies to crimes
committed on or after that date.

Sec. 12.

Minnesota Statutes 2016, section 624.712, is amended by adding a subdivision
to read:


Subd. 16.

Fixed magazine.

"Fixed magazine" means an ammunition-feeding device
contained in or permanently attached to a firearm in such a manner that the device cannot
be removed without disassembly of the firearm action.

EFFECTIVE DATE.

This section is effective September 1, 2018, and applies to crimes
committed on or after that date.

Sec. 13.

Minnesota Statutes 2016, 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 3 (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); or

(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); or

(14) a person who is subject to an order issued under section 518A.681 for failure to
pay court-ordered child support or maintenance
.

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.

Sec. 14.

Minnesota Statutes 2016, section 624.713, subdivision 1a, is amended to read:


Subd. 1a.

Ineligible to receive, ship, transport.

A person presently charged with a
crime punishable by imprisonment for a term exceeding one year shall not be entitled to
receive, ship, or transport any pistol or semiautomatic military-style assault weapon or
ammunition designed for use in a pistol or semiautomatic military-style assault weapon
a
firearm or ammunition
. A violation of this subdivision is a gross misdemeanor.

Sec. 15.

Minnesota Statutes 2016, section 624.713, subdivision 3, is amended to read:


Subd. 3.

Notice.

(a) When a person is convicted of, or adjudicated delinquent or convicted
as an extended jurisdiction juvenile for committing, a crime of violence as defined in section
624.712, subdivision 5, the court shall inform the defendant that the defendant is prohibited
from possessing ammunition or a pistol or semiautomatic military-style assault weapon
firearm
for the remainder of the person's lifetime, and that it is a felony offense to violate
this prohibition. The failure of the court to provide this information to a defendant does not
affect the applicability of the ammunition or pistol or semiautomatic military-style assault
weapon
firearm possession prohibition or the felony penalty to that defendant.

(b) When a person, including a person under the jurisdiction of the juvenile court, is
charged with committing a crime of violence and is placed in a pretrial diversion program
by the court before disposition, the court shall inform the defendant that: (1) the defendant
is prohibited from possessing a pistol or semiautomatic military-style assault weapon firearm
or ammunition designed for use in a pistol or semiautomatic military-style assault weapon
until the person has completed the diversion program and the charge of committing a crime
of violence has been dismissed; (2) it is a gross misdemeanor offense to violate this
prohibition; and (3) if the defendant violates this condition of participation in the diversion
program, the charge of committing a crime of violence may be prosecuted. The failure of
the court to provide this information to a defendant does not affect the applicability of the
ammunition or pistol or semiautomatic military-style assault weapon firearm possession
prohibition or the gross misdemeanor penalty to that defendant.

(c) A court shall notify a person subject to subdivision 1, clause (3), of the prohibitions
described in that clause and those described in United States Code, title 18, sections 922(d)(4)
and 922(g)(4).

Sec. 16.

Minnesota Statutes 2016, section 624.7131, subdivision 1, is amended to read:


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
firearm
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
firearm
.

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.

Sec. 17.

Minnesota Statutes 2016, section 624.7131, subdivision 4, is amended to read:


Subd. 4.

Grounds for disqualification.

A determination by the chief of police or sheriff
that the applicant is prohibited by section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon
firearm shall be the only basis for refusal to grant a transferee
permit.

Sec. 18.

Minnesota Statutes 2016, section 624.7131, subdivision 7, is amended to read:


Subd. 7.

Permit voided.

The transferee permit shall be void at the time that the holder
becomes prohibited from possessing a pistol firearm under section 624.713, in which event
the holder shall return the permit within five days to the issuing authority. Failure of the
holder to return the permit within the five days is a 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.

Sec. 19.

Minnesota Statutes 2016, section 624.7132, subdivision 1, is amended to read:


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
firearm 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
firearm
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 firearm;
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.

Sec. 20.

Minnesota Statutes 2016, section 624.7132, subdivision 3, is amended to read:


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
firearm. 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.

Sec. 21.

Minnesota Statutes 2016, section 624.7132, subdivision 4, is amended to read:


Subd. 4.

Delivery.

Except as otherwise provided in subdivision 7 or 8, no person shall
deliver a pistol or semiautomatic military-style assault weapon firearm 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 seven-day waiting period. The chief of police or sheriff may
waive all or a portion of the five business day 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
firearm 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 pistol or semiautomatic military-style assault weapon firearm
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 pistol or semiautomatic military-style assault weapon firearm.

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 pistol or semiautomatic military-style assault weapon firearm
may be delivered to the transferee.

Sec. 22.

Minnesota Statutes 2016, section 624.7132, subdivision 5, is amended to read:


Subd. 5.

Grounds for disqualification.

A determination by the chief of police or sheriff
that the proposed transferee is prohibited by section 624.713 from possessing a pistol or
semiautomatic military-style assault weapon
firearm shall be the sole basis for a notification
of disqualification under this section.

Sec. 23.

Minnesota Statutes 2016, section 624.7132, subdivision 6, is amended to read:


Subd. 6.

Transferee permit.

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
firearm, 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.

Sec. 24.

Minnesota Statutes 2016, section 624.7132, is amended by adding a subdivision
to read:


Subd. 7a.

Transfer by or to licensed dealers only.

No person shall transfer a firearm
unless the transferor or transferee is a federally licensed firearms dealer. Where neither
party to a prospective firearm transfer is a federally licensed firearms dealer, the parties
shall complete the transfer through a federally licensed firearms dealer as follows:

(1) the transferor shall deliver the firearm and a valid transferee permit or report of
transfer to a federally licensed firearms dealer, who shall retain possession of that firearm
until the transaction is completed or transferred as provided in clause (3);

(2) the federally licensed dealer shall comply with this section and federal law as if the
dealer had agreed to directly transfer the firearm to the proposed transferee, except the dealer
must hold the firearm for at least two days prior to completing the transfer;

(3) if the dealer cannot legally deliver the firearm 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 firearm back to the
original transferor. If the original transferor is prohibited by any state or federal law from
possessing a firearm, the dealer shall transfer the firearm to the chief of police or sheriff
within 24 hours;

(4) a dealer who denies transfer of a firearm 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

(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.

Sec. 25.

Minnesota Statutes 2016, section 624.7132, subdivision 8, is amended to read:


Subd. 8.

Report not required.

If the proposed transferee presents a valid transferee
permit issued under section 624.7131 or a valid permit to carry issued under section 624.714,
the transferor need not file a transfer report, but shall (i) wait at least two days to complete
the transfer, and (ii) file a record of transfer pursuant to subdivision 8a
.

Sec. 26.

Minnesota Statutes 2016, section 624.7132, is amended by adding a subdivision
to read:


Subd. 8a.

Record of transfer.

For each firearm transfer that does not require a report
of transfer, the transferor must prepare a record of transfer and, within five business days
of the transfer, provide a copy to the sheriff in the county where the transfer occurred. The
record of transfer must include:

(1) the transferor?s name and address;

(2) the transferee?s name, residence, telephone number, and type and unique identifying
number of the transferee?s government issued photo identification; and

(3) the type, manufacturer, and serial number of each firearm transferred.

Sec. 27.

Minnesota Statutes 2016, section 624.7132, subdivision 9, is amended to read:


Subd. 9.

Number of pistols or semiautomatic military-style assault weapons firearms.

Any number of pistols or semiautomatic military-style assault weapons firearms 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
firearms a person may acquire.

Sec. 28.

Minnesota Statutes 2016, section 624.7132, subdivision 12, is amended to read:


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 firearm to a
person for the purpose of repair, reconditioning or remodeling;

(4) (2) 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) (3) 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) (4) a loan between law enforcement officers who have the power to make arrests
other than citizen arrests; and

(8) (5) 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
firearm
by reason of employment and is the holder of a valid permit to carry a pistol.

Sec. 29.

Minnesota Statutes 2016, 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 firearm in violation
of subdivisions 1 to 13;

(2) transfers a pistol or semiautomatic military-style assault weapon firearm 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
firearm knowing or having reason to know the statement is
false.

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

(1) transfers a pistol or semiautomatic military-style assault weapon firearm 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 firearm 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.

EFFECTIVE DATE.

This section is effective August 1, 2018, and applies to crimes
committed on or after that date.

Sec. 30.

[624.7134] ASSAULT WEAPONS PROHIBITED.

Subdivision 1.

Definition.

As used in this section, "transfer" means a sale, gift, loan,
assignment, or other delivery of an assault weapon to another, whether or not for
consideration.

Subd. 2.

Prohibition.

It is unlawful for a person to manufacture, import, transfer, or
possess an assault weapon.

Subd. 3.

Exceptions.

Subdivision 2 does not apply to:

(1) the possession of an assault weapon that was lawfully possessed under both state
and federal law before February 1, 2018, if the weapon is properly registered as provided
in subdivision 5;

(2) any government officer, agent, or employee; member of the armed forces of the
United States; or peace officer, to the extent that the person is otherwise authorized to acquire
or possess an assault weapon, and does so while acting within the scope of the person's
duties;

(3) the manufacture of an assault weapon by a firearms manufacturer for the purpose of
sale to any branch of the armed forces of the United States, or to a law enforcement agency
within Minnesota for use by that agency or its employees, provided the manufacturer is
properly licensed under applicable laws; or

(4) the transfer of an assault weapon by a dealer that is properly licensed under applicable
laws to any branch of the armed forces of the United States, or to a law enforcement agency
within Minnesota for use by that agency or its employees for law enforcement purposes.

Subd. 4.

Penalty.

(a) A person who violates subdivision 2 is guilty of a felony and may
be sentenced to imprisonment for not more than five years or to payment of a fine of not
more than $25,000, or both.

(b) A person listed in section 624.713, subdivision 1, clauses (3) to (11), who violates
subdivision 2 is guilty of a felony and may be sentenced to imprisonment for not more than
ten years or to payment of a fine of not more than $50,000, or both.

(c) A person listed in section 624.713, subdivision 1, clause (2), who violates subdivision
2 is guilty of a felony and may be sentenced to imprisonment for not more than 20 years or
to payment of a fine of not more than $100,000, or both.

(d) The penalties described in this subdivision do not apply to persons who possess
assault weapons and who are in full compliance with subdivision 5.

Subd. 5.

Registration of assault weapons.

(a) A person who legally owned or possessed
an assault weapon before February 1, 2018, and who desires to keep ownership or possession
of the weapon shall comply with the following requirements:

(1) submit to a background check conducted by the chief of police of the municipality
in which the person resides, or if there is no police department the sheriff of the county in
which the person resides, to confirm the person is not prohibited from possessing a firearm
under state or federal law; and

(2) unless the person is currently prohibited by law from possessing a firearm,
immediately register the weapon with the appropriate law enforcement agency.

(b) A person described in paragraph (a) shall comply with all of the following:

(1) safely and securely store the assault weapon pursuant to the regulations adopted by
the appropriate law enforcement agency;

(2) agree to allow the agency to inspect the storage of the weapon to ensure compliance
with this subdivision;

(3) annually renew the registration, subject to the completion of a new background check;

(4) possess the weapon only on property owned or immediately controlled by the person,
or while engaged in the legal use of the weapon at a duly licensed firing range, or while
transporting the weapon in compliance with United States Code, title 18, section 926A; and

(5) report the loss or theft of the weapon to the appropriate law enforcement agency
within 48 hours of the time the discovery of the loss or theft was made or should have been
made.

(c) Registered assault weapons may not be purchased or transferred, except for transfer
to the appropriate law enforcement agency for the purpose of surrendering the weapon for
destruction.

(d) The registered owner or possessor of an assault weapon may not purchase additional
assault weapons.

(e) The appropriate law enforcement agency may charge a fee for each registration and
registration renewal pursuant to this subdivision.

(f) Persons acquiring an assault weapon by inheritance, bequest, or succession shall,
within 120 days of acquiring title, do one of the following:

(1) surrender the weapon to a law enforcement agency for destruction; or

(2) modify the weapon to render it permanently inoperable.

(g) Each chief of police and sheriff shall do the following regarding assault weapons
registered under this subdivision:

(1) adopt regulations specifying how a person who registers a weapon shall safely and
securely store it when it is not being used;

(2) implement a policy of inspecting the storage of weapons; and

(3) conduct background checks and implement a registration system.

EFFECTIVE DATE.

This section is effective September 1, 2018, and applies to crimes
committed on or after that date.

Sec. 31.

[624.7135] LARGE-CAPACITY MAGAZINES PROHIBITED.

Subdivision 1.

Definition.

As used in this section, "transfer" means a sale, gift, loan,
assignment, or other delivery of a large-capacity magazine to another, whether or not for
consideration.

Subd. 2.

Prohibition.

It is unlawful for a person to manufacture, import, transfer, or
possess a large-capacity magazine.

Subd. 3.

Exceptions.

Subdivision 2 does not apply to:

(1) any government officer, agent, or employee; member of the armed forces of the
United States; or peace officer, to the extent that the person is otherwise authorized to acquire
or possess a large-capacity magazine and does so while acting within the scope of the
person's duties;

(2) the manufacture of a large-capacity magazine by a firearms manufacturer for the
purpose of sale to any branch of the armed forces of the United States, or to a law
enforcement agency within Minnesota for use by that agency or its employees, provided
the manufacturer is properly licensed under applicable laws; or

(3) the transfer of a large-capacity magazine by a dealer that is properly licensed under
applicable laws to any branch of the armed forces of the United States, or to a law
enforcement agency within Minnesota for use by that agency or its employees for law
enforcement purposes.

Subd. 4.

Penalty.

(a) A person who violates subdivision 2 is guilty of a felony and may
be sentenced to imprisonment for not more than five years or to payment of a fine of not
more than $25,000, or both.

(b) A person listed in section 624.713, subdivision 1, clauses (3) to (11), who violates
subdivision 2 is guilty of a felony and may be sentenced to imprisonment for not more than
ten years or to payment of a fine of not more than $50,000, or both.

(c) A person listed in section 624.713, subdivision 1, clause (2), who violates subdivision
2 is guilty of a felony and may be sentenced to imprisonment for not more than 20 years or
to payment of a fine of not more than $100,000, or both.

EFFECTIVE DATE.

This section is effective August 1, 2018, and applies to crimes
committed on or after that date.

Sec. 32.

Minnesota Statutes 2016, section 624.7141, is amended to read:


624.7141 TRANSFER TO INELIGIBLE PERSON.

Subdivision 1.

Transfer prohibited.

A person is guilty of a gross misdemeanor who
intentionally transfers a pistol or semiautomatic military-style assault weapon firearm to
another if the person knows that the transferee:

(1) has been denied a permit to carry under section 624.714 because the transferee is
not eligible under section 624.713 to possess a pistol or semiautomatic military-style assault
weapon
firearm;

(2) has been found ineligible to possess a pistol or semiautomatic military-style assault
weapon
firearm by a chief of police or sheriff as a result of an application for a transferee
permit or a transfer report; or

(3) is disqualified under section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon
firearm.

Subd. 2.

Felony.

A violation of this section is a felony if the transferee possesses or uses
the weapon within one year after the transfer in furtherance of a felony crime of violence.

Subd. 3.

Subsequent eligibility.

This section is not applicable to a transfer to a person
who became eligible to possess a pistol or semiautomatic military-style assault weapon
firearm
under section 624.713 after the transfer occurred but before the transferee used or
possessed the weapon firearm in furtherance of any crime.

Sec. 33.

Minnesota Statutes 2016, section 624.7161, is amended by adding a subdivision
to read:


Subd. 4.

Ammunition sales.

(a) A firearms dealer shall ensure that all ammunition is
displayed behind a checkout counter where the public is not permitted and is offered for
sale only by an employee who is at least 21 years of age and not prohibited by state or
federal law from possessing a firearm. The firearms dealer shall ensure that the person
making the sale requires the buyer:

(1) to provide photographic identification showing the buyer's date of birth; and

(2) to sign a written or electronic document detailing the date of the sale, the name of
the buyer, and the amount of ammunition sold.

(b) A document described under paragraph (a), clause (2), must be retained by the
firearms dealer for at least three years and must at all reasonable times be open to inspection
by any authorized law enforcement agency.

Sec. 34. PERSONS POSSESSING ASSAULT WEAPONS ON EFFECTIVE DATE
OF ACT; REQUIRED ACTIONS.

Any person who, on March 1, 2018, legally owns or is in possession of an assault weapon
has until September 1, 2018, to do any of the following without being subject to prosecution
under Minnesota Statutes, section 624.7134:

(1) remove the weapon from the state;

(2) surrender the weapon to a law enforcement agency for destruction;

(3) render the weapon permanently inoperable; or

(4) if eligible, register the weapon as provided in Minnesota Statutes, section 624.7134,
subdivision 5.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 35. PERSONS POSSESSING LARGE-CAPACITY MAGAZINES ON
EFFECTIVE DATE OF ACT; REQUIRED ACTIONS.

Any person who, on August 1, 2018, is in possession of a large-capacity magazine has
120 days to do either of the following without being subject to prosecution under Minnesota
Statutes, section 624.7134:

(1) permanently alter the magazine so it cannot accommodate more than ten rounds;

(2) remove the large-capacity magazine from the state; or

(3) surrender the large-capacity magazine to a law enforcement agency for destruction.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 36. REVISOR'S INSTRUCTION.

(a) The revisor of statutes shall strike references to "semiautomatic military-style assault
weapons" in Minnesota Statutes, section 624.7181, subdivision 2. The revisor shall replace
all other references to "semiautomatic military-style assault weapons" in statute with "assault
weapons."

(b) The revisor of statutes, in consultation with the House Research Department and the
Office of Senate Counsel, Research, and Fiscal Analysis, shall make necessary
cross-reference changes and remove statutory cross-references in Minnesota Statutes to
conform with the repealer in this act. The revisor may make technical and other necessary
changes to sentence structure to preserve the meaning of the text.

EFFECTIVE DATE.

This section is effective September 1, 2018.

Sec. 37. REPEALER.

Minnesota Statutes 2016, sections 609.66, subdivision 1f; 624.711; 624.7131, subdivision
10; and 624.7132, subdivisions 10 and 14,
are repealed.

APPENDIX

Repealed Minnesota Statutes: 18-6039

609.66 DANGEROUS WEAPONS.

Subd. 1f.

Gross misdemeanor; transferring firearm without background check.

A person, other than a federally licensed firearms dealer, who transfers a pistol or semiautomatic military-style assault weapon to another without complying with the transfer requirements of section 624.7132, is guilty of a gross misdemeanor if the transferee possesses or uses the weapon within one year after the transfer in furtherance of a felony crime of violence, and if:

(1) the transferee was prohibited from possessing the weapon under section 624.713 at the time of the transfer; or

(2) it was reasonably foreseeable at the time of the transfer that the transferee was likely to use or possess the weapon in furtherance of a felony crime of violence.

624.711 DECLARATION OF POLICY.

It is not the intent of the legislature to regulate shotguns, rifles and other longguns of the type commonly used for hunting and not defined as pistols or semiautomatic military-style assault weapons, or to place costs of administration upon those citizens who wish to possess or carry pistols or semiautomatic military-style assault weapons lawfully, or to confiscate or otherwise restrict the use of pistols or semiautomatic military-style assault weapons by law-abiding citizens.

624.7131 TRANSFEREE PERMIT; PENALTY.

Subd. 10.

Transfer report not required.

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.

624.7132 REPORT OF TRANSFER.

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. 14.

Transfer to unknown party.

(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.

(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.

(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 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.

(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.

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23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19
23.20
23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30
24.1
24.2 24.3 24.4

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