HF 3779

as introduced - 89th Legislature (2015 - 2016) Posted on 04/01/2016 08:22am

A bill for an act
relating to public safety; clarifying petition for judicial restoration of ability
to possess firearms and ammunition; amending Minnesota Statutes 2015
Supplement, section 609.165, subdivision 1d.

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

Section 1.

Minnesota Statutes 2015 Supplement, section 609.165, subdivision 1d,
is amended to read:

Subd. 1d.

Judicial restoration of ability to possess firearms and ammunition
by felon.

A person prohibited by state law from shipping, transporting, possessing, or
receiving a firearm or ammunition because of a conviction or a delinquency adjudication
for committing a crime of violence may petition a court to restore the person's ability
to possess, receive, ship, or transport firearms and otherwise deal with firearms and
ammunition.

new text begin This petition must be filed in the county in which the conviction or delinquency
adjudication occurred and served on the prosecuting authority responsible for the
conviction or delinquency adjudication. If the person is prohibited from this conduct
as a result of more than one conviction or delinquency adjudication, the person must
file a petition in each county where any such conviction or delinquency adjudication
occurred and must serve the petition on each prosecuting authority responsible for any
such conviction or delinquency adjudication.
new text end

new text begin A hearing on the petition shall be held no sooner than 60 days after service of the
petition. A victim of the relevant conviction or delinquency adjudication has a right to
submit an oral or written statement to the court at the time of the hearing describing the
harm suffered by the victim as a result of the crime and the victim's recommendation on
whether the petition should be granted or denied. The judge shall consider the victim's
statement when making a decision.
new text end

The court may grant the relief sought if the person shows good cause to do so and
the person has been released from physical confinement.

If a petition is denied, the person may not file another petition until three years have
elapsed without the permission of the court.