HF 4013

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/07/2022 03:00pm

A bill for an act
relating to public safety; providing for the reasonable regulation of firearms;
providing for rulemaking; amending Minnesota Statutes 2020, sections 97B.015,
subdivision 1; 97B.021, subdivisions 1, 1a; 609.666; 624.712, subdivisions 6, 7,
by adding subdivisions; 624.714, subdivision 2a, by adding a subdivision; 624.7151;
proposing coding for new law in Minnesota Statutes, chapters 299A; 624.

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

Section 1. new text begin LEGISLATIVE INTENT AND PURPOSE.
new text end

new text begin To protect the life and liberty of Minnesotans from gun violence by people who would
deny them those rights, it is necessary to implement a rational regulatory system for firearms
similar to Minnesota's long-standing system for licensing drivers and registering motor
vehicles. Motor vehicles have lawful purposes but they can be deadly, likewise for firearms.
Motor vehicle ownership and use has been responsibly regulated resulting in reductions in
motor vehicle fatalities. A similar system of rational and responsible regulation of firearms
would result in reductions in firearms-related fatalities as well.
new text end

new text begin The United States Supreme Court has held that the Second Amendment guarantees an
individual right to bear arms in self-defense. However, the court acknowledged that
reasonable restrictions may be placed on firearms, some of which have long been effectively
banned from private ownership. This legislation is consistent with the court's holdings and
strikes a proper balance between an individual's right to bear arms and the compelling
interests of the state both in ensuring that dangerous persons do not get access to firearms
and protecting its citizens from gun violence.
new text end

new text begin Nothing in this legislation infringes on the constitutional right to keep and bear arms.
The legislation is narrowly tailored to achieve a compelling state interest while placing
minimal burdens on individuals who wish to own and possess a firearm.
new text end

Sec. 2.

Minnesota Statutes 2020, section 97B.015, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

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

new text begin (b) All firearm safety courses established by the commissioner of natural resources must
include the standards developed under section 624.714, subdivision 2b, paragraph (a). The
commissioner of natural resources shall consult with the commissioner of public safety in
the development of these courses.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to firearm safety courses held on or after January 1, 2023.
new text end

Sec. 3.

Minnesota Statutes 2020, section 97B.021, subdivision 1, is amended to read:

Subdivision 1.

Restrictions.

new text begin (a) A person at least age 18 but under age 21 may possess
a firearm except for a pistol as defined in section 624.712, subdivision 2; semiautomatic
military-style assault weapon as defined in section 624.712, subdivision 7; .50 caliber or
larger firearm as defined in section 624.712, subdivision 15; or large-capacity magazine if
the person possesses a license to possess a firearm under section 624.7135.
new text end

deleted text begin (a) deleted text end new text begin (b) new text end Except as provided in deleted text begin this subdivision deleted text end new text begin paragraph (c) new text end , a person under the age of
deleted text begin 16 deleted text end new text begin 18 new text end may not possess a firearm deleted text begin , unless accompanied by a parent or guardian deleted text end .

deleted text begin (b) deleted text end new text begin (c) new text end A person under age deleted text begin 16 deleted text end new text begin 18 new text end may possess a firearm deleted text begin without deleted text end new text begin except for a pistol as
defined in section 624.712, subdivision 2; semiautomatic military-style assault weapon as
defined in section 624.712, subdivision 7; .50 caliber or larger firearm as defined in section
624.712, subdivision 15; or large-capacity magazine if the person is new text end being accompanied by
a parent or guardian new text begin . The requirement for accompaniment by a parent or guardian is waived
if the person is at least 14 years, has a license to possess a firearm under section 624.7135,
and written permission from the parent or guardian and is new text end :

(1) on land owned by, or occupied as the principal residence of, the person or the person's
parent or guardian new text begin or on land where the person has explicit permission from the owner of
the land new text end ; new text begin or
new text end

(2) while participating in an organized target shooting program with adult supervision deleted text begin ; deleted text end new text begin .
new text end

new text begin (d) The requirement for possessing a license and the requirement for accompaniment
by a parent or guardian is waived
new text end

deleted text begin (3) deleted text end while the person new text begin under age 18 new text end is participating in a firearms safety program or traveling
to and from class deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (4) if the person is age 14 or 15 and has a firearms safety certificate.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 4.

Minnesota Statutes 2020, section 97B.021, subdivision 1a, is amended to read:

Subd. 1a.

Parent or guardian duties.

A parent or guardian may not knowingly direct,
allow, or permit a person under the age of deleted text begin 16 deleted text end new text begin 18 new text end to possess a firearm in violation of this
section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 5.

new text begin [299A.07] DATABASE OF FIREARM REGISTRATIONS AND TRANSFERS;
RULES REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Database. new text end

new text begin The commissioner of public safety shall establish a
computerized central reporting system and maintain a database of firearm registrations and
transfers. The commissioner shall adopt rules to establish a procedure that must be followed
by transferors and transferees when checking on the number and dates of prior firearm sales
or transfers prior to a sale or transfer. Information in the database must be readily available
on a 24-hour basis to requesting law enforcement agencies and must quickly indicate whether
the transferee has purchased a firearm within a 30-day period.
new text end

new text begin Subd. 2. new text end

new text begin Private data. new text end

new text begin All data pertaining to transfers under this section are classified
as private data as provided in section 13.87, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2020, section 609.666, is amended to read:

609.666 NEGLIGENT STORAGE OF FIREARMS.

Subdivision 1.

Definitions.

For purposes of this section, the following words have the
meanings given.

(a) "Firearm" means a device designed to be used as a weapon, from which is expelled
a projectile by the force of any explosion or force of combustion.

(b) "Child" means a person under the age of 18 years.

deleted text begin (c) "Loaded" means the firearm has ammunition in the chamber or magazine, if the
magazine is in the firearm, unless the firearm is incapable of being fired by a child who is
likely to gain access to the firearm.
deleted text end

new text begin (c) "Ineligible person" means a resident or household guest who is not licensed under
section 624.7135 to possess a firearm.
new text end

new text begin (d) "Safely store" means:
new text end

new text begin (1) the firearm is placed in a secure storage container that is specifically designed for
the safe storage of firearms and fully enclosed and locked; or
new text end

new text begin (2) locked with a safety device installed or incorporated into the design of the firearm
that prevents the firearm from being operated without first deactivating the device.
new text end

Subd. 2.

Access to firearms.

new text begin Unless reasonable action is taken to safely store a firearm,
new text end a person deleted text begin is guilty of a gross misdemeanor deleted text end who negligently stores new text begin , keeps, new text end or leaves a deleted text begin loaded deleted text end
firearm in a location where the person knows, or reasonably should know, that new text begin an ineligible
person is able to gain access or new text end a child new text begin without the permission of the person new text end is deleted text begin likely deleted text end new text begin able new text end
to gain access deleted text begin , unless reasonable action is taken to secure the firearm against access by the
child. deleted text end new text begin is guilty of a:
new text end

new text begin (1) misdemeanor;
new text end

new text begin (2) gross misdemeanor if the ineligible person or child takes and uses the firearm; or
new text end

new text begin (3) felony if the ineligible person or child takes and uses the firearm resulting in the
injury or death of that person or child or another person.
new text end

Subd. 3.

Limitations.

Subdivision 2 does not apply to new text begin :
new text end

new text begin (1) an ineligible person's or new text end a child's access to firearms that was obtained as a result of
an unlawful entry deleted text begin . deleted text end new text begin ; or
new text end

new text begin (2) a person who is carrying the firearm or when it is within close proximity that the
person can readily retrieve and use the firearm as if the person was carrying the firearm.
new text end

Sec. 7.

Minnesota Statutes 2020, 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 deleted text begin pistol or semiautomatic military-style assault
weapon deleted text end new text begin firearm new text end or the frame or receiver of a deleted text begin pistol or semiautomatic military-style assault
weapon deleted text end new text begin firearm new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to transfers
of firearms on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2020, section 624.712, subdivision 7, is amended to read:

Subd. 7.

Semiautomatic military-style assault weapon.

new text begin (a) new text end "Semiautomatic
military-style assault weapon" means:

(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.

deleted text begin 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.
deleted text end

new text begin (b) Semiautomatic military-style assault weapon also includes any:
new text end

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

new text begin (i) a pistol grip or thumbhole stock;
new text end

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

new text begin (iii) a folding or telescoping stock; or
new text end

new text begin (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;
new text end

new text begin (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;
new text end

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

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

new text begin (ii) a folding, telescoping, or thumbhole stock;
new text end

new text begin (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
new text end

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

new text begin (4) semiautomatic shotgun that has one or more of the following:
new text end

new text begin (i) a pistol grip or thumbhole stock;
new text end

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

new text begin (iii) a folding or telescoping stock;
new text end

new text begin (iv) a fixed magazine capacity in excess of seven rounds; or
new text end

new text begin (v) an ability to accept a detachable magazine;
new text end

new text begin (5) shotgun with a revolving cylinder; or
new text end

new text begin (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.
new text end

new text begin Semiautomatic military-style assault weapon does not mean any firearm described in this
paragraph that has been made permanently inoperable.
new text end

Sec. 9.

Minnesota Statutes 2020, section 624.712, is amended by adding a subdivision to
read:

new text begin Subd. 13. new text end

new text begin Firearm. new text end

new text begin "Firearm" has the meaning given in section 609.666, subdivision
1.
new text end

Sec. 10.

Minnesota Statutes 2020, section 624.712, is amended by adding a subdivision
to read:

new text begin Subd. 14. new text end

new text begin Large-capacity magazine. new text end

new text begin "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. Large-capacity magazine does
not mean any of the following:
new text end

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

new text begin (2) a .22 caliber tube ammunition feeding device; or
new text end

new text begin (3) a tubular magazine that is contained in a lever-action firearm.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 11.

Minnesota Statutes 2020, section 624.712, is amended by adding a subdivision
to read:

new text begin Subd. 15. new text end

new text begin .50 caliber or larger firearm. new text end

new text begin ".50 caliber or larger firearm" means a firearm
that is capable of expelling a metal projectile that measures one-half inch or larger in diameter
but does not include an antique or replica firearm that uses black powder.
new text end

Sec. 12.

new text begin [624.7134] LIABILITY INSURANCE REQUIRED FOR FIREARM
OWNERS.
new text end

new text begin (a) A person who intends to own a firearm shall, prior to the ownership of the firearm,
obtain, and during ownership continuously maintain, a policy of liability insurance
specifically covering any damages resulting from any negligent or willful acts involving
the use of the firearm while it is owned by the person. No firearm shall be transferred in
this state unless the transferee at the time of the transfer provides proof that the transferee
has complied with the provisions of this section.
new text end

new text begin (b) For purposes of this section, a person is considered to own a firearm if the firearm
is lost or stolen until the loss or theft is reported to the chief of police or sheriff that has
jurisdiction in the municipality or county where the firearm owner resides.
new text end

new text begin (c) A person who owns a firearm on the effective date of this section shall obtain the
insurance required by this section by January 15, 2023.
new text end

new text begin (d) The commissioner of commerce shall set a minimum amount of coverage satisfactory
to the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

new text begin [624.7135] OWNERSHIP AND POSSESSION OF FIREARMS; LICENSE
REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin License requirement. new text end

new text begin No person may own or possess a firearm in this
state unless the person has a valid, current license issued by the commissioner of public
safety under this section.
new text end

new text begin Subd. 2. new text end

new text begin Application process. new text end

new text begin A person may apply for a license to own or possess a
firearm by providing, in person, the following information to the commissioner of public
safety or the commissioner's designee:
new text end

new text begin (1) a background check certificate issued within the past 30 days by the chief of police
of the municipality in which the person resides or, if there is no chief of police, by the sheriff
of the county in which the person resides stating that a background check conducted under
subdivision 3 shows that the person is not prohibited from possessing a firearm;
new text end

new text begin (2) a firearms safety certificate accepted by the Department of Public Safety that shows
proof of the ability to safely own, store, transport, and use a firearm; and
new text end

new text begin (3) proof of liability insurance under section 624.7134.
new text end

new text begin The commissioner or the commissioner's designee shall take a color photograph of the
applicant at the time the application is submitted. The commissioner may charge the applicant
a reasonable fee to cover the cost of the licensing process.
new text end

new text begin Subd. 3. new text end

new text begin Background check. new text end

new text begin (a) A person may apply for a background check certificate
by providing the following information in writing to the chief of police of the municipality
in which the person resides or to the county sheriff if there is no local chief of police:
new text end

new text begin (1) the applicant's name, residence, telephone number, and driver's license number or
nonqualification certificate number, if any;
new text end

new text begin (2) the applicant's gender, date of birth, height, weight, color of eyes, and distinguishing
physical characteristics, if any;
new text end

new text begin (3) a statement that the applicant authorizes the release to the local police authority of
commitment information about the applicant maintained by the commissioner of human
services to the extent that the information relates to the applicant's eligibility to possess a
firearm under section 624.713, subdivision 1; and
new text end

new text begin (4) a statement by the applicant that the applicant is not prohibited by section 624.713
or other state or federal law from possessing a firearm.
new text end

new text begin The statements shall be signed and dated by the applicant. 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 patient records.
At the time of application, the chief of police or county sheriff may charge the applicant a
reasonable fee to cover the cost of conducting the background check and shall provide the
applicant with a dated receipt for the application.
new text end

new text begin (b) The chief of police or sheriff shall check criminal histories, records, and warrant
information relating to the applicant through the Minnesota Crime Information System and
the National Criminal Record Repository and shall make a reasonable effort to check other
available state and local record-keeping systems. The chief of police or sheriff shall obtain
commitment information from the commissioner of human services as provided in section
245.041.
new text end

new text begin (c) The chief of police or sheriff may issue a certificate to the applicant. The certificate
shall be based on the results of the background check and shall state the date on which the
background check was performed. The certificate shall state whether the applicant is or is
not prohibited from possessing a firearm.
new text end

new text begin (d) The chief of police or sheriff may deny the application for a certificate on the grounds
that there exists a substantial likelihood that the applicant is a danger to self or the public
if allowed to possess firearms.
new text end

new text begin Subd. 4. new text end

new text begin Grant or denial of license. new text end

new text begin If the applicant meets the requirements under
subdivisions 2 and 3, the commissioner shall issue a license to own or possess a firearm
within five business days of the submission of the application to the commissioner or the
commissioner's designee. The commissioner shall provide the applicant with written
notification of a denial and the specific reason for it. Any person aggrieved by the denial
of a license application may seek review as provided in sections 14.57 to 14.69.
new text end

new text begin Subd. 5. new text end

new text begin Contents; validity. new text end

new text begin (a) A license granted under this section shall contain the
following information:
new text end

new text begin (1) the date of issuance and a unique license number;
new text end

new text begin (2) the license holder's name, current address, date of birth, sex, height, weight, and eye
color; and
new text end

new text begin (3) the color photograph of the license holder that was taken at the time of the application.
new text end

new text begin (b) The license is valid statewide for four years from the date of issuance and is not
transferable. The license becomes invalid and must be returned to the commissioner if the
person becomes ineligible to possess a firearm under section 624.713 or other state or federal
law at any time within this four-year period. A court shall notify the commissioner when a
person who possesses a license under this section is convicted of an offense described in
section 624.713. The commissioner shall revoke a person's license to own or possess a
firearm if the person becomes ineligible to possess a firearm under section 624.713 or other
state or federal law during the period that the person possesses a license. The license may
be renewed in the same manner and subject to the same restrictions under which the original
license was obtained.
new text end

new text begin Subd. 6. new text end

new text begin Requirement to carry license. new text end

new text begin A person, other than a peace officer, as defined
in section 626.84, must carry the license to own or possess the firearm whenever the person
possesses a firearm in a place other than the person's dwelling or premises.
new text end

new text begin Subd. 7. new text end

new text begin Places where pistol possession is lawful. new text end

new text begin A license to own or possess a pistol
authorizes the license holder to carry the pistol only in the locations and for the purposes
described in section 624.714, subdivision 9. A person must obtain a permit to carry under
section 624.714 in order to carry the pistol in any other location.
new text end

new text begin Subd. 8. new text end

new text begin Statewide record system of license holders. new text end

new text begin The commissioner shall maintain
a statewide, computerized record system containing identifying information on and the
license numbers of persons who have been granted a license under this section. Information
in the record system shall be readily available on a 24-hour basis to requesting law
enforcement agencies.
new text end

new text begin Subd. 9. new text end

new text begin Penalties. new text end

new text begin (a) A person who fails to carry a license in violation of this section
is guilty of a petty misdemeanor.
new text end

new text begin (b) A person who does either of the following is guilty of a misdemeanor:
new text end

new text begin (1) owns a firearm without having registered it; or
new text end

new text begin (2) owns or possesses a firearm after a license issued under this section has expired.
new text end

new text begin (c) A person who does any of the following is guilty of a gross misdemeanor:
new text end

new text begin (1) owns or possesses a firearm without having first obtained a license under this section;
new text end

new text begin (2) owns or possesses a firearm after a license issued under this section has become
invalid except through expiration;
new text end

new text begin (3) makes a false statement in order to obtain a license; or
new text end

new text begin (4) transfers a license in violation of this section.
new text end

new text begin (d) The court shall notify the commissioner when a person is convicted of a violation
under this section except for a petty misdemeanor violation under paragraph (a). Upon
receipt of the court's notification, the commissioner shall revoke or deny issuance of the
person's license to own or possess a firearm for a period of three years for a misdemeanor
violation under paragraph (b) and ten years for a gross misdemeanor violation under
paragraph (c).
new text end

new text begin Subd. 10. new text end

new text begin Private data. new text end

new text begin All data pertaining to licenses under this section are classified
as private data as provided in section 13.87, subdivision 2.
new text end

new text begin Subd. 11. new text end

new text begin Persons who own or possess firearms before January 1, 2023. new text end

new text begin All persons
who own or possess firearms on or after January 1, 2023, must comply with the license
requirements of this section. However, notwithstanding subdivision 2, a person who owns
or possesses a firearm on or after January 1, 2023, who lawfully owned or possessed the
firearm before that date is not required to provide a background check certificate or show
competence in firearm safety as required by subdivision 2, clause (2), when applying for
or renewing a license if the person applies for a license on or before July 1, 2023. The person
shall provide a signed statement that the person is not prohibited by section 624.713 from
possessing a firearm.
new text end

new text begin Subd. 12. new text end

new text begin Temporary licenses for nonresident aliens. new text end

new text begin The commissioner may issue a
temporary license to own or possess a rifle or shotgun to a nonresident alien who is lawfully
in the United States and present in the state to lawfully take game as a nonresident under
the game and fish laws. The commissioner shall determine the period of the license's validity
based on the circumstances of the case. The application for the temporary license must be
on a form prescribed by the commissioner. The commissioner may charge the applicant a
reasonable fee to cover the cost of the temporary licensing process.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, and applies to persons
who own or possess a firearm, and for crimes committed on or after that date; except that
a person who owns or possesses a firearm before January 1, 2023, may continue to own or
possess the firearm without obtaining a license until January 1, 2024.
new text end

Sec. 14.

new text begin [624.7136] FIREARM TRANSFERS; REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "transfer" has the meaning given in
section 624.712, subdivision 6, but does not include:
new text end

new text begin (1) the delivery of a firearm to a person for the purpose of repair, reconditioning, or
remodeling;
new text end

new text begin (2) a loan by a teacher to a student in a course designed to teach marksmanship or firearms
safety, in the presence of the instructor, if the course is approved by the commissioner of
public safety;
new text end

new text begin (3) a loan between persons lawfully engaged in hunting or target shooting if the loan is
intended for a period of no more than 30 days and both persons are licensed to possess
firearms;
new text end

new text begin (4) while hunting or trapping if the hunting or trapping is legal in all places where the
transferee possesses the firearm and the transferee holds a license to possess firearms and
all licenses or permits required for hunting or trapping;
new text end

new text begin (5) while in the actual presence of the transferor; provided that any transfer under this
clause is permitted only if the transferor has no reason to believe that the transferee is
prohibited by federal law from buying or possessing firearms or not entitled under state law
to possess firearms. If the transferee is under 18 years of age, it must be under direct
supervision and control of the transferor;
new text end

new text begin (6) a loan between peace officers, as defined in section 626.84; and
new text end

new text begin (7) a loan between employees or between the employer and an employee in a business
if the employee is required to carry a firearm by reason of employment and is the holder of
a valid permit to carry a pistol.
new text end

new text begin Subd. 2. new text end

new text begin Record. new text end

new text begin At the time of a delivery of a firearm under subdivision 1, clause (1)
or a loan of a firearm under clauses (2) to (4), (6), and (7), the transferor and the transferee
each shall retain a document signed by both parties. The document shall contain the names
and license numbers of the transferor and transferee,serial number of the firearm or firearms,
and the dates of the temporary transfer, not to exceed 30 days. The commissioner shall
develop and provide a standardized form for temporary transfers.
new text end

new text begin Subd. 3. new text end

new text begin Firearm license required. new text end

new text begin No person may transfer a firearm to another unless
the transferee presents a valid, current license to own and possess the firearm issued under
section 624.7135.
new text end

new text begin Subd. 4. new text end

new text begin Information. new text end

new text begin Every person who agrees to transfer a firearm shall report the
following information in writing to the commissioner of public safety within three days of
the transfer:
new text end

new text begin (1) the name and address of the transferee and the number of the license presented by
the transferee authorizing the transferee to own or possess a firearm; and
new text end

new text begin (2) the serial number of the firearm that was transferred.
new text end

new text begin Subd. 5. new text end

new text begin Records; registration card. new text end

new text begin (a) At the time of the transfer, the transferor shall
give the transferee a temporary registration card. The temporary registration card shall
contain the information described in paragraph (c) and shall be valid for 30 days following
the date of the transfer. The expiration date of the temporary registration card shall be clearly
displayed on the card.
new text end

new text begin (b) Upon receipt of the information required under subdivision 3, the commissioner shall
record the transferee's name, license number, and firearm serial number in the database
under section 299A.07 and shall issue a permanent registration card to the transferee within
30 days. The commissioner may charge the transferee a reasonable fee to cover the cost of
the registration process.
new text end

new text begin (c) The temporary and permanent registration cards shall contain the transferee's name,
license number, and firearm serial number and shall identify the transferee as the person
entitled to own and possess the firearm.
new text end

new text begin Subd. 6. new text end

new text begin Fee; exception. new text end

new text begin Notwithstanding subdivision 4, paragraph (b), the commissioner
may not charge a fee when the transferee is a federally licensed firearms dealer.
new text end

new text begin Subd. 7. new text end

new text begin Validity; subsequent transfers. new text end

new text begin The registration card is valid until the person
transfers the firearm to another. The registration card becomes invalid whenever the person
becomes ineligible to possess a firearm under section 624.713 or other state or federal law.
new text end

new text begin Subd. 8. new text end

new text begin Penalties. new text end

new text begin (a) Except as otherwise provided in paragraph (b), a person who
transfers a firearm to another in violation of this section is guilty of a gross misdemeanor.
new text end

new text begin (b) A person who does any of the following is guilty of a felony:
new text end

new text begin (1) transfers a firearm to a transferee whom the transferor knows is ineligible to possess
the weapon if the transferee possesses or uses the weapon within one year after the transfer
in furtherance of a crime of violence;
new text end

new text begin (2) transfers a 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;
new text end

new text begin (3) knowingly becomes a transferee in violation of this section; or
new text end

new text begin (4) makes a false statement in order to become a transferee of a firearm knowing or
having reason to know the statement is false.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, and applies to transfers
of firearms and crimes committed on or after that date.
new text end

Sec. 15.

new text begin [624.7137] PURCHASE OR TRANSFER OF MORE THAN ONE FIREARM
PER 30 DAYS PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Gross misdemeanor. new text end

new text begin (a) A person who purchases or accepts the transfer
of more than one firearm within a 30-day period is guilty of a gross misdemeanor.
new text end

new text begin (b) A person who transfers a firearm to an individual knowing that the individual has
purchased or accepted the transfer of a firearm within the preceding 30 days is guilty of a
gross misdemeanor.
new text end

new text begin Subd. 2. new text end

new text begin Exceptions. new text end

new text begin Subdivision 1 does not apply to:
new text end

new text begin (1) firearms dealers as defined in section 624.7161, subdivision 1;
new text end

new text begin (2) law enforcement agencies;
new text end

new text begin (3) private security companies;
new text end

new text begin (4) the purchase of antique firearms; and
new text end

new text begin (5) persons who have been exempted from this section under subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Stolen or lost firearms. new text end

new text begin A person whose firearm was stolen or irretrievably
lost and who because of an occupational or personal safety hazard wishes to purchase or
accept the transfer of a pistol, but who is prohibited from doing so because of this section,
may apply to the chief of police of an organized full-time police department of the
municipality where the person resides or to the county sheriff if there is no local chief of
police where the person resides for an exception to this section. The police chief or sheriff
shall respond to an application within three business days of the application by either
approving or denying the request.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, and applies to transfers
of firearms and crimes committed on or after that date.
new text end

Sec. 16.

new text begin [624.7138] GUN TRAFFICKING PROHIBITED.
new text end

new text begin A person who crosses a state or international border to transport firearms into the state
of Minnesota with the intent to transfer the firearms to a person who is ineligible to possess
a firearm under section 624.713 or other state or federal law is guilty of a felony.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, and applies to transfers
of firearms and crimes committed on or after that date.
new text end

Sec. 17.

new text begin [624.7139] LOST OR STOLEN FIREARMS.
new text end

new text begin Subdivision 1. new text end

new text begin Failure to report; gross misdemeanor. new text end

new text begin A person who fails to report a
stolen or lost firearm within two days of discovery of the loss is guilty of a gross
misdemeanor.
new text end

new text begin Subd. 2. new text end

new text begin Duty to report. new text end

new text begin A person shall report a stolen or lost firearm to the chief of
police of an organized full-time police department of the municipality where the person
resides or to the county sheriff if there is no local chief of police where the person resides.
new text end

new text begin Subd. 3. new text end

new text begin Report to commissioner of public safety. new text end

new text begin A chief of police or sheriff shall
report a stolen or lost firearm to the commissioner of public safety within two days of
receiving notification of the theft or loss under this section.
new text end

new text begin Subd. 4. new text end

new text begin Rebuttable presumption. new text end

new text begin If a person whose firearm was stolen or lost fails to
report it under subdivision 1 or 2, and it is used in the commission of a crime or seized from
a person ineligible to possess it, there is a rebuttable presumption that the original gun owner
transferred the weapon in violation of this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, and applies to transfers
of firearms and crimes committed on or after that date.
new text end

Sec. 18.

Minnesota Statutes 2020, section 624.714, subdivision 2a, is amended to read:

Subd. 2a.

Training in safe use of deleted text begin a pistol deleted text end new text begin pistols and other firearms new text end .

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

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

(2) completion of a firearms safety or training course new text begin approved by the commissioner
new text end providing basic training in the safe new text begin ownership, handling, and new text end use of a pistol new text begin and other firearms
new text end and conducted by a certified instructor.

(b) Basic training must include:

new text begin (1) at least ....... hours of training;
new text end

deleted text begin (1) deleted text end new text begin (2) new text end instruction in the fundamentals of pistol new text begin and other firearm new text end use;

new text begin (3) strategies for safely retreating and not escalating a potentially lethal encounter;
new text end

deleted text begin (2) deleted text end new text begin (4) new text end successful completion of an actual shooting qualification exercise; deleted text begin and
deleted text end

deleted text begin (3) deleted text end new text begin (5) new text end instruction in the fundamental legal aspects of new text begin :
new text end

new text begin (i) new text end pistol new text begin and other firearm new text end possession, carry, new text begin transport, new text end and use deleted text begin , including deleted text end new text begin ;
new text end

new text begin (ii) new text end self-defense and the restrictions on the use of deadly force deleted text begin . deleted text end new text begin ;
new text end

new text begin (iii) safe storage of firearms; and
new text end

new text begin (iv) reporting a theft or loss of a firearm; and
new text end

new text begin (6) all of the standards developed under subdivision 2b, paragraph (a).
new text end

(c) The certified instructor deleted text begin must deleted text end new text begin may new text end issue a new text begin firearms safety new text end certificate new text begin on a form approved
by the commissioner new text end to a person who has completed a firearms safety or training course
described in paragraph (b) new text begin and passed an exam approved by the commissioner new text end . The certificate
must be signed by the instructor and attest that the person attended and completed the course.

(d) A person qualifies as a certified instructor if the person is certified as a firearms
instructor within the past deleted text begin five deleted text end new text begin three new text end years deleted text begin by an organization or government entity that has
been approved deleted text end by the Department of Public Safety in accordance with the department's
standards.

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

Sec. 19.

Minnesota Statutes 2020, section 624.714, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Firearm safety and training classes; testing; rules. new text end

new text begin (a) The commissioner
of public safety shall adopt rules establishing safety and training standards for firearm safety
and training courses. These standards shall cover all aspects of safety regarding firearms.
The commissioner shall consult with public safety and firearms safety experts in developing
the standards. The rules must be adopted under chapter 14.
new text end

new text begin (b) The commissioner shall develop a written firearm safety test for all applicants for a
license to own a firearm and a separate test for all applicants for a permit to carry. Each test
shall cover the safety and training standards developed under paragraph (a). The
commissioner shall provide for giving a test under this subdivision either in the county
where the applicant resides or at a place adjacent thereto and reasonably convenient to the
applicant.
new text end

new text begin (c) Each test shall include at a minimum:
new text end

new text begin (1) the applicant's knowledge of:
new text end

new text begin (i) safety and training standards developed under paragraph (a);
new text end

new text begin (ii) the effects of alcohol and drugs on a person's ability to use, possess, carry, and
transport a firearm safely and legally, and the legal penalties and financial consequences
resulting from violations of laws prohibiting the use, possession, carrying, and transporting
of a firearm while under the influence of alcohol or drugs;
new text end

new text begin (iii) the civil and criminal legal consequences of causing the harm or death of a person
with a firearm;
new text end

new text begin (iv) firearm transfer laws; and
new text end

new text begin (v) for applicants for permits to carry:
new text end

new text begin (A) permit to carry laws; and
new text end

new text begin (B) the obligation to safely retreat and not escalate a potentially lethal encounter;
new text end

new text begin (2) an actual demonstration of the ability to exercise ordinary and reasonable control in
the use, possession, carrying, and transporting of a firearm; and
new text end

new text begin (3) other physical and mental testing as the commissioner of public safety finds necessary
to determine the applicant's fitness to use, possess, carry, and transport a firearm safely.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 20.

Minnesota Statutes 2020, section 624.7151, is amended to read:

624.7151 STANDARDIZED FORMS.

new text begin (a) new text end By December 1, deleted text begin 1992 deleted text end new text begin 2022 new text end , the commissioner shall adopt statewide standards
governing the form and contents deleted text begin , as deleted text end new text begin for all transactions new text end required by sections 624.7131 to
624.714, new text begin on or after January 1, 2023, new text end of every application for a deleted text begin pistol deleted text end new text begin firearm new text end transferee
permit, deleted text begin pistol transferee permit, deleted text end report of transfer of a pistol, application for a permit to
carry a pistol, and permit to carry a pistol that is granted or renewed deleted text begin on or after January 1,
1993 deleted text end .

new text begin (b) On or after January 1, 2023, new text end every application for a deleted text begin pistol deleted text end new text begin firearm new text end transferee permit, deleted text begin
pistol transferee permit, deleted text end report of transfer of a deleted text begin pistol deleted text end new text begin firearm new text end , application for a permit to
carry a deleted text begin pistol deleted text end new text begin firearm new text end , and permit to carry a deleted text begin pistol deleted text end new text begin firearm new text end that is received, granted, or renewed
by a deleted text begin police deleted text end chief new text begin of police new text end or county sheriff deleted text begin on or after January 1, 1993, deleted text end must meet the
statewide standards adopted by the commissioner. Notwithstanding the previous sentence,
neither failure of the Department of Public Safety to adopt standards nor failure of the new text begin chief
of new text end police deleted text begin chief deleted text end or county sheriff to meet them shall delay the timely processing of applications
nor invalidate permits issued on other forms meeting the requirements of sections 624.7131
to 624.714.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 21. new text begin FIREARM REGISTRATION REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Registration required. new text end

new text begin By January 1, 2023, every person who owns a
firearm must register the firearm with the commissioner of public safety. The registration
must be in writing and contain:
new text end

new text begin (1) the name and address of the owner;
new text end

new text begin (2) the number of the license authorizing the owner to own or possess a firearm; and
new text end

new text begin (3) the serial number of the firearm being registered.
new text end

new text begin Upon receipt of this information, the commissioner shall record the owner's name, license
number, and firearm serial number in the database under Minnesota Statutes, section 299A.07,
and issue a registration card to the owner within 30 days. The registration card must conform
with the requirements of Minnesota Statutes, section 624.7136.
new text end

new text begin Subd. 2. new text end

new text begin Private data. new text end

new text begin All data pertaining to registrations under this section are classified
as private data as provided in Minnesota Statutes, section 13.87, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 22. new text begin CONFORMING STATUTORY CHANGES.
new text end

new text begin The revisor of statutes in consultation with House Research and Senate Counsel shall
make necessary statutory corrections to reflect the changes made in this act. Any changes
that are beyond the scope of the revisor's editorial authority must be reflected in a bill
prepared by the revisor for introduction in the 2023 legislative session.
new text end