HF 4360

as introduced - 90th Legislature (2017 - 2018) Posted on 04/16/2018 04:45pm

A bill for an act
relating to public safety; firearms; requiring criminal background checks for pistol
transfers; excepting certain transfers; enabling law enforcement and family members
to petition a court to prohibit people from possessing firearms if they pose a
significant danger to themselves or others by possessing a firearm; prohibiting the
transfer of semiautomatic military-style assault weapons; prohibiting the transfer
of large-capacity magazines; establishing a semiautomatic military-style assault
weapon and large capacity magazine buyback program; clarifying that a slide-fire
stock for a semiautomatic firearm is a trigger activator; providing criminal penalties;
appropriating money; amending Minnesota Statutes 2016, sections 609.66, by
adding a subdivision; 609.67, subdivision 1; 624.712, by adding a subdivision;
624.713, subdivision 1; 624.7132, subdivision 12; proposing coding for new law
in Minnesota Statutes, chapter 624; repealing Minnesota Statutes 2016, sections
609.66, subdivision 1f; 624.7132, subdivision 14.

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

ARTICLE 1

FIREARMS TRANSFERS

Section 1.

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

new text begin Subd. 1i. new text end

new text begin Transfer of a pistol without background check. new text end

new text begin A transferor who voluntarily
transfers a pistol, or a transferee who voluntarily receives a pistol, in violation of section
624.7134:
new text end

new text begin (1) for a first conviction, is guilty of a gross misdemeanor; and
new text end

new text begin (2) for a second or subsequent conviction, is guilty of a felony and may be sentenced to
imprisonment for not more than two years or to payment of a fine of not more than $5,000,
or both.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

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 new text begin approximate
new text end that of a machine gun. new text begin 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.
new text end

(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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018.
new text end

Sec. 3.

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

new text begin Subd. 13. 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 12 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:
new text end

new text begin (1) a feeding device that has been permanently altered so that it cannot accommodate
more than 12 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, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

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

Subd. 12.

Exclusions.

Except as otherwise provided in section 609.66, subdivision deleted text begin 1f deleted text end new text begin
1i new text end , 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) new text begin a transfer facilitated by a federally licensed firearms dealer as provided in section
624.7134;
new text end

new text begin (3) new text end a loan to a prospective transferee if the loan is intended for a period of no more than
one day;

deleted text begin (3) deleted text end new text begin (4) new text end the delivery of a pistol or semiautomatic military-style assault weapon to a person
for the purpose of repair, reconditioning or remodeling;

deleted text begin (4) deleted text end new text begin (5) new text end 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;

deleted text begin (5) deleted text end new text begin (6) new text end a loan between persons at a firearms collectors exhibition;

deleted text begin (6) deleted text end new text begin (7) new text end 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;

deleted text begin (7) deleted text end new text begin (8) new text end a loan between law enforcement officers who have the power to make arrests
other than citizen arrests; and

deleted text begin (8) deleted text end new text begin (9) new text end 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
by reason of employment and is the holder of a valid permit to carry a pistol.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

new text begin [624.7134] TRANSFERS OF PISTOLS BY UNLICENSED PERSONS;
BACKGROUND CHECK REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given them.
new text end

new text begin (b) "Federally licensed firearms dealer" means 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(a).
new text end

new text begin (c) "Law enforcement agency" has the meaning given in section 626.84, subdivision 1,
paragraph (f).
new text end

new text begin (d) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
(c).
new text end

new text begin (e) "Person" means an individual; corporation; business trust; estate; trust; partnership;
limited liability company; association; joint venture; government; governmental subdivision,
agency, or instrumentality; or any other legal or commercial entity.
new text end

new text begin (f) "Transfer" means a sale, gift, loan, assignment, or other delivery to another, whether
or not for consideration, of a pistol.
new text end

new text begin (g) "Transferee" means an unlicensed person who wishes or intends to receive a transfer
from another unlicensed person, whether or not for consideration.
new text end

new text begin (h) "Transferor" means an unlicensed person who wishes or intends to make a transfer
to another unlicensed person, whether or not for consideration.
new text end

new text begin (i) "Unlicensed person" means a person who does not hold a license under United States
Code, title 18, section 923(a).
new text end

new text begin Subd. 2. new text end

new text begin Background check required. new text end

new text begin Except as provided in this section:
new text end

new text begin (1) each transfer occurring in whole or in part in the state shall be preceded by a
background check on the transferee; and
new text end

new text begin (2) no transferor shall transfer a pistol and no transferee shall receive a pistol unless the
transferee first complies with this section.
new text end

new text begin Subd. 3. new text end

new text begin Background check conducted by federally licensed firearms dealer. new text end

new text begin Where
both parties to a prospective transfer are unlicensed persons, the transferor and transferee
shall appear jointly before a federally licensed firearms dealer with the pistol and request
that the federally licensed firearms dealer conduct a background check on the transferee
and facilitate the transfer.
new text end

new text begin Subd. 4. new text end

new text begin Compliance with law. new text end

new text begin Except as otherwise provided in this section, a federally
licensed firearms dealer who agrees to facilitate a transfer under this section shall:
new text end

new text begin (1) process the transfer as though transferring the pistol from its own inventory to the
transferee; and
new text end

new text begin (2) comply with all requirements of federal and state law that would apply if the firearms
dealer were making the transfer, including at a minimum all background check and record
keeping requirements.
new text end

new text begin Subd. 5. new text end

new text begin Transfer prohibited. new text end

new text begin If the transferee is prohibited by federal law from
purchasing or possessing the pistol or not entitled under state law to possess the pistol,
neither the federally licensed firearms dealer nor the transferor shall transfer the pistol to
the transferee.
new text end

new text begin Subd. 6. new text end

new text begin Leaving firearm with federally licensed dealer. new text end

new text begin Notwithstanding any other
law to the contrary, this section shall not prevent the transferor from:
new text end

new text begin (1) removing the firearm from the premises of the federally licensed firearms dealer, or
the gun show or event where the federally licensed firearms dealer is conducting business,
as applicable, while the background check is being conducted, provided that the transferor
must return to the federally licensed firearms dealer with the transferee before the transfer
takes place, and the federally licensed firearms dealer must take possession of the firearm
in order to complete the transfer; and
new text end

new text begin (2) removing the firearm from the business premises of the federally licensed firearms
dealer if the results of the background check indicate the transferee is prohibited by federal
law from purchasing or possessing the firearm, or not entitled under state law to possess
the firearm.
new text end

new text begin Subd. 7. new text end

new text begin Report of transfer not required. new text end

new text begin As provided under section 624.7132,
subdivision 12, clause (1), where both parties to a transfer are unlicensed persons, there is
no requirement to make a transfer report either for the unlicensed persons or for the federally
licensed firearms dealer facilitating the transfer.
new text end

new text begin Subd. 8. new text end

new text begin Dealer fee. new text end

new text begin A federally licensed firearms dealer may charge a reasonable fee
for conducting a background check and facilitating a transfer between the transferor and
transferee pursuant to this section.
new text end

new text begin Subd. 9. new text end

new text begin Exclusions. new text end

new text begin This section shall not apply to the following transfers:
new text end

new text begin (1) a transfer by or to a federally licensed firearms dealer;
new text end

new text begin (2) a transfer by or to any law enforcement agency or, to the extent an employee of the
agency is acting within the course and scope of employment and official duties, a peace
officer; law enforcement officer; corrections officer; member of the armed forces of the
United States, the National Guard, or the Reserves of the United States armed forces; federal
law enforcement officer; or security guard employed by a protective agent licensed pursuant
to chapter 326;
new text end

new text begin (3) a transfer between immediate family members, which for the purposes of this section
means spouses, domestic partners, parents, stepparents, children, stepchildren, siblings,
stepsiblings, grandparents, step-grandparents, grandchildren, and step-grandchildren;
new text end

new text begin (4) a transfer to an executor, administrator, trustee, or personal representative of an estate
or a trust that occurs by operation of law upon the death of the former owner of the firearm;
new text end

new text begin (5) a transfer of an antique pistol as defined in section 624.712, subdivision 3;
new text end

new text begin (6) a transfer of a curio or relic, as defined in Code of Federal Regulations, title 27,
section 478.11, if the transfer is between collectors of firearms as curios or relics as defined
by United States Code, title 18, section 921(a)(13), who each have in their possession a
valid collector of curio and relics license issued by the United States Department of Justice,
Bureau of Alcohol, Tobacco, Firearms and Explosives;
new text end

new text begin (7) a temporary transfer to a transferee who is not prohibited by federal law from
purchasing or possessing firearms, and is entitled under state law to possess firearms, if the
transfer:
new text end

new text begin (i) is necessary to prevent imminent death or great bodily harm; and
new text end

new text begin (ii) lasts only as long as immediately necessary to prevent imminent death or great bodily
harm; and
new text end

new text begin (8) a temporary transfer if the transferor has no reason to believe that the transferee will
use or intends to use the firearm in the commission of a crime and the transfer occurs and
the transferee's possession of the firearm following the transfer is only:
new text end

new text begin (i) at a shooting range that operates in compliance with the performance standards under
chapter 87A or is a nonconforming use under section 87A.03, subdivision 2; or, if compliance
is not required by the governing body of the jurisdiction, at an established shooting range
operated consistently with local law in the jurisdiction;
new text end

new text begin (ii) at a lawfully organized competition involving the use of a firearm, or while
participating in or practicing for a performance by an organized group that uses firearms as
part of the performance;
new text end

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

new text begin (iv) 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.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

new text begin [624.7135] TRANSFER OF SEMIAUTOMATIC MILITARY-STYLE
ASSAULT WEAPONS PROHIBITED.
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" means to sell, gift, loan,
assign, or otherwise deliver to another, whether or not for consideration, a semiautomatic
weapon.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin It is unlawful to transfer a semiautomatic military-style assault
weapon.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

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

new text begin (1) a transfer by or to any law enforcement agency or, to the extent an employee of the
agency is acting within the course and scope of employment and official duties, a peace
officer; law enforcement officer; corrections officer; member of the armed forces of the
United States, the National Guard, or the Reserves of the United States armed forces; federal
law enforcement officer; or security guard employed by a protective agent licensed pursuant
to chapter 326;
new text end

new text begin (2) a transfer between immediate family members, which for the purposes of this section
means spouses, domestic partners, parents, stepparents, children, stepchildren, siblings,
stepsiblings, grandparents, step-grandparents, grandchildren, and step-grandchildren;
new text end

new text begin (3) a transfer to an executor, administrator, trustee, or personal representative of an estate
or a trust that occurs by operation of law upon the death of the former owner of the firearm;
new text end

new text begin (4) a transfer of an antique firearm as defined in section 624.712, subdivision 3;
new text end

new text begin (5) a transfer of a curio or relic, as defined in Code of Federal Regulations, title 27,
section 478.11, if the transfer is between collectors of firearms as curios or relics as defined
by United States Code, title 18, section 921(a)(13), who each have in their possession a
valid collector of curio and relics license issued by the United States Department of Justice,
Bureau of Alcohol, Tobacco, Firearms and Explosives;
new text end

new text begin (6) a temporary transfer to a transferee who is not prohibited by federal law from
purchasing or possessing firearms, and is entitled under state law to possess firearms, if the
transfer:
new text end

new text begin (i) is necessary to prevent imminent death or great bodily harm; and
new text end

new text begin (ii) lasts only as long as immediately necessary to prevent imminent death or great bodily
harm; and
new text end

new text begin (7) a temporary transfer if the transferor has no reason to believe that the transferee will
use or intends to use the firearm in the commission of a crime and the transfer occurs and
the transferee's possession of the firearm following the transfer is only:
new text end

new text begin (i) at a shooting range that operates in compliance with the performance standards under
chapter 87A or is a nonconforming use under section 87A.03, subdivision 2; or, if compliance
is not required by the governing body of the jurisdiction, at an established shooting range
operated consistently with local law in the jurisdiction;
new text end

new text begin (ii) at a lawfully organized competition involving the use of a firearm, or while
participating in or practicing for a performance by an organized group that uses firearms as
part of the performance;
new text end

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

new text begin (iv) 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.
new text end

new text begin Subd. 4. new text end

new text begin Penalty. new text end

new text begin A person who violates subdivision 2 is guilty of a gross misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

new text begin [624.7136] TRANSFER OF LARGE-CAPACITY MAGAZINES
PROHIBITED.
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" means to sell, gift, loan,
assign, or otherwise deliver to another, whether or not for consideration, a large-capacity
magazine.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin It is unlawful to transfer a large-capacity magazine.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

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

new text begin (1) a transfer by or to any law enforcement agency or, to the extent an employee of the
agency is acting within the course and scope of employment and official duties, a peace
officer; law enforcement officer; corrections officer; member of the armed forces of the
United States, the National Guard, or the Reserves of the United States armed forces; federal
law enforcement officer; or security guard employed by a protective agent licensed pursuant
to chapter 326;
new text end

new text begin (2) a transfer between immediate family members, which for the purposes of this section
means spouses, domestic partners, parents, stepparents, children, stepchildren, siblings,
stepsiblings, grandparents, step-grandparents, grandchildren, and step-grandchildren;
new text end

new text begin (3) a transfer to an executor, administrator, trustee, or personal representative of an estate
or a trust that occurs by operation of law upon the death of the former owner of the firearm;
new text end

new text begin (4) a transfer of an antique firearm as defined in section 624.712, subdivision 3;
new text end

new text begin (5) a transfer of a curio or relic, as defined in Code of Federal Regulations, title 27,
section 478.11, if the transfer is between collectors of firearms as curios or relics as defined
by United States Code, title 18, section 921(a)(13), who each have in their possession a
valid collector of curio and relics license issued by the United States Department of Justice,
Bureau of Alcohol, Tobacco, Firearms and Explosives;
new text end

new text begin (6) a temporary transfer to a transferee who is not prohibited by federal law from
purchasing or possessing firearms, and is entitled under state law to possess firearms, if the
transfer:
new text end

new text begin (i) is necessary to prevent imminent death or great bodily harm; and
new text end

new text begin (ii) lasts only as long as immediately necessary to prevent imminent death or great bodily
harm; and
new text end

new text begin (7) a temporary transfer if the transferor has no reason to believe that the transferee will
use or intends to use the firearm in the commission of a crime and the transfer occurs and
the transferee's possession of the firearm following the transfer is only:
new text end

new text begin (i) at a shooting range that operates in compliance with the performance standards under
chapter 87A or is a nonconforming use under section 87A.03, subdivision 2; or, if compliance
is not required by the governing body of the jurisdiction, at an established shooting range
operated consistently with local law in the jurisdiction;
new text end

new text begin (ii) at a lawfully organized competition involving the use of a firearm, or while
participating in or practicing for a performance by an organized group that uses firearms as
part of the performance;
new text end

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

new text begin (iv) 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.
new text end

new text begin Subd. 4. new text end

new text begin Penalty. new text end

new text begin A person who violates subdivision 2 is guilty of a misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 8. new text begin VOLUNTARY SEMIAUTOMATIC MILITARY-STYLE ASSAULT
WEAPON AND LARGE-CAPACITY MAGAZINE BUYBACK PROGRAM.
new text end

new text begin The commissioner of public safety shall create a voluntary semiautomatic military-style
assault weapon and large-capacity magazine buyback program. Reimbursements shall be
issued to local law enforcement agencies or licensed firearms dealers that elect to voluntarily
buyback semiautomatic military-style assault weapons and large-capacity magazines from
the public. The commissioner shall reimburse entities that operate a voluntary buyback
program only for functioning semiautomatic military-style assault weapons and large-capacity
magazines. The rate of reimbursement shall be the amount the entity paid for the weapon
or magazine or the fair market value of the firearm or magazine on the effective date of
section 1, whichever is less. A law enforcement agency or licensed firearms dealer that buys
a semiautomatic military-style assault weapon or large-capacity magazine must destroy or
permanently disable the weapon or magazine within 45 days. Nothing in this section compels
the owner of a semiautomatic military-style assault weapon or large-capacity magazine to
sell the owner's semiautomatic military-style assault weapon or large-capacity magazine to
law enforcement or a firearms dealer.
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. 9. new text begin APPROPRIATION; VOLUNTARY SEMIAUTOMATIC MILITARY-STYLE
ASSAULT WEAPON AND LARGE-CAPACITY MAGAZINE REIMBURSEMENT
PROGRAM.
new text end

new text begin $....... in fiscal year 2019 is appropriated from the general fund to the commissioner of
public safety for the implementation of the voluntary semiautomatic military-style assault
weapon and large-capacity magazine buyback program under section 8.
new text end

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, sections 609.66, subdivision 1f; and 624.7132, subdivision
14, new text end new text begin are repealed.
new text end

ARTICLE 2

EXTREME RISK PROTECTION ORDERS

Section 1.

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); deleted text begin or
deleted text end

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

new text begin (14) a person who is subject to an extreme risk protection order as described in section
624.7172 or 624.7174.
new text end

A person who issues a certificate pursuant to this section in good faith is not liable for
damages resulting or arising from the actions or misconduct with a firearm or ammunition
committed by the individual who is the subject of the certificate.

The prohibition in this subdivision relating to the possession of firearms other than
pistols and semiautomatic military-style assault weapons does not apply retroactively to
persons who are prohibited from possessing a pistol or semiautomatic military-style assault
weapon under this subdivision before August 1, 1994.

The lifetime prohibition on possessing, receiving, shipping, or transporting firearms and
ammunition for persons convicted or adjudicated delinquent of a crime of violence in clause
(2), applies only to offenders who are discharged from sentence or court supervision for a
crime of violence on or after August 1, 1993.

For purposes of this section, "judicial determination" means a court proceeding pursuant
to sections 253B.07 to 253B.09 or a comparable law from another state.

Sec. 2.

new text begin [624.7171] EXTREME RISK PROTECTION ORDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section to section 624.7178, the term "family
or household members" has the meaning given in section 518B.01, subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Court jurisdiction. new text end

new text begin An application for relief under this section may be filed
in the county of residence of either party. There are no residency requirements that apply
to a petition for an extreme risk protection order. Actions under this section shall be given
docket priorities by the court.
new text end

new text begin Subd. 3. new text end

new text begin Information on petitioner's location or residence. new text end

new text begin Upon the petitioner's
request, information maintained by the court regarding the petitioner's location or residence
is not accessible to the public and may be disclosed only to court personnel or law
enforcement for purposes of service of process, conducting an investigation, or enforcing
an order.
new text end

new text begin Subd. 4. new text end

new text begin Generally. new text end

new text begin (a) There shall exist an action known as a petition for an extreme
risk protection order for protection from gun violence, which order shall enjoin and prohibit
the respondent from possessing firearms for a fixed period.
new text end

new text begin (b) A petition for relief under sections 624.7171 to 624.7178 may be made by any family
or household members, by the chief law enforcement officer or a designee, a city or county
attorney, or by a guardian as defined in section 524.1-201, clause (27).
new text end

new text begin (c) A petition for relief shall allege that the respondent poses a significant danger of
bodily harm to self or to other persons by possessing a firearm, and shall allege that less
restrictive alternatives are inadequate or inappropriate to the circumstances. The petition
shall be accompanied by an affidavit made under oath stating specific facts and circumstances
forming a basis to allege that an extreme risk protection order should be granted. The affidavit
may include, but is not limited to, evidence showing any of the factors described in
subdivision 3.
new text end

new text begin (d) A petition for emergency relief under section 624.7174 shall additionally allege that
the respondent presents an immediate and present danger of bodily injury.
new text end

new text begin (e) A petition for relief must state whether there is an existing order in effect under
sections 624.7171 to 624.7178, or chapter 260C or 518B governing the respondent and
whether there is a pending lawsuit, complaint, petition, or other action between the parties
under sections 624.7171 to 624.7178, or chapter 257, 518, 518A, 518B, or 518C. The court
administrator shall verify the terms of any existing order governing the parties. The court
may not delay granting relief because of the existence of a pending action between the
parties or the necessity of verifying the terms of an existing order. A petition for relief may
be granted whether or not there is a pending action between the parties.
new text end

new text begin (f) Where the sole evidence to support the issuance of an extreme risk protection order
would also allow for the issuance of an order under chapter 518B, the petitioner must either
be the victim of domestic abuse or obtain the consent of the victim of domestic abuse to
petition.
new text end

new text begin (g) A petition for relief must describe, to the best of the petitioner's knowledge, the types
and location of any firearms believed by the petitioner to be possessed by the respondent.
new text end

new text begin (h) The court shall provide simplified forms and clerical assistance to help with the
writing and filing of a petition under this section.
new text end

new text begin (i) The state court administrator shall create all forms necessary under sections 624.7171
to 624.7178.
new text end

new text begin (j) The court shall advise a petitioner of the right to file a motion and affidavit and to
sue in forma pauperis, pursuant to section 563.01, and shall assist with the writing and filing
of the motion and affidavit.
new text end

new text begin (k) The court shall advise the petitioner of the right to serve the respondent by alternate
notice under section 624.7172, subdivision 1, paragraph (e), if the respondent is avoiding
personal service by concealment or otherwise, and shall assist in the writing and filing of
the affidavit.
new text end

new text begin (l) The court shall advise the petitioner of the right to request a hearing under section
624.7174, paragraph (b). If the petitioner does not request a hearing, the court shall advise
the petitioner that the respondent may request a hearing and that notice of the hearing date
and time will be provided to the petitioner by mail at least five days before the hearing.
new text end

new text begin (m) An extreme risk protection order issued under sections 624.7171 to 624.7178 applies
throughout the state.
new text end

new text begin (n) Any proceeding under sections 624.7171 to 624.7178 shall be in addition to other
civil or criminal remedies.
new text end

new text begin (o) All health records and other health information provided in a petition or considered
as evidence in a proceeding under sections 624.7171 to 624.7178 shall be protected from
public disclosure but may be provided to law enforcement agencies as described in this
section.
new text end

new text begin (p) Any extreme risk protection order or subsequent extension issued under sections
624.7171 to 624.7178 shall be forwarded by the court administrator within 24 hours to the
local law enforcement agency with jurisdiction over the residence of the respondent. Each
appropriate law enforcement agency shall make available to other law enforcement officers,
through a system for verification, information as to the existence and status of any extreme
risk protection order issued under sections 624.7171 to 624.7178.
new text end

Sec. 3.

new text begin [624.7172] EXTREME RISK PROTECTION ORDERS ISSUED AFTER
HEARING.
new text end

new text begin Subdivision 1. new text end

new text begin Hearing. new text end

new text begin (a) Upon receipt of the petition for an order after a hearing, the
court shall order a hearing which shall be held not later than 14 days from the date of the
order for hearing.
new text end

new text begin (b) The court shall advise the petitioner of the right to request an emergency extreme
risk protection order under section 624.7174 separately from or simultaneously with the
petition under this subdivision.
new text end

new text begin (c) The petitioning law enforcement agency shall be responsible for service of an extreme
risk protection order issued by the court and shall further be the agency responsible for the
execution of any legal process required for the seizure and storage of guns subject to the
order. Nothing in this provision limits the ability of the law enforcement agency of record
cooperating with other law enforcement entities. When the petitioner is a family member,
the primary law enforcement agency serving the jurisdiction of residency of the respondent
shall be responsible for the execution of any legal process required for the seizure and
storage of guns subject to the order.
new text end

new text begin (d) Personal service of notice for the hearing may be made upon the respondent at any
time up to 12 hours prior to the time set for the hearing, provided that the respondent at the
hearing may request a continuance of up to five days if the respondent is served less than
five days prior to the hearing, which continuance shall be granted unless there are compelling
reasons not to do so. If the court grants the requested continuance, and an existing emergency
order under section 624.7174 will expire due to the continuance, the court shall also issue
a written order continuing the emergency order pending the new time set for the hearing.
new text end

new text begin (e) If personal service cannot be made, the court may order service of the petition and
any order issued under this section by alternate means. The application for alternate service
must include the last known location of the respondent; the petitioner's most recent contacts
with the respondent; the last known location of the respondent's employment; the names
and locations of the respondent's parents, siblings, children, and other close relatives; the
names and locations of other persons who are likely to know the respondent's whereabouts;
and a description of efforts to locate those persons. The court shall consider the length of
time the respondent's location has been unknown, the likelihood that the respondent's location
will become known, the nature of the relief sought, and the nature of efforts made to locate
the respondent. The court shall order service by first class mail, forwarding address requested,
to any addresses where there is a reasonable possibility that mail or information will be
forwarded or communicated to the respondent. The court may also order publication, within
or without the state, but only if it might reasonably succeed in notifying the respondent of
the proceeding. Service shall be deemed complete 14 days after mailing or 14 days after
court-ordered publication.
new text end

new text begin Subd. 2. new text end

new text begin Relief by court. new text end

new text begin (a) At the hearing, the petitioner must prove by a preponderance
of the evidence that:
new text end

new text begin (1) the respondent poses a significant danger of bodily injury to self or other persons by
possessing a firearm; and
new text end

new text begin (2) less restrictive alternatives are inadequate or inappropriate to the circumstances.
new text end

new text begin (b) In determining whether to grant the order after a hearing, the court shall consider
evidence of the following, whether or not the petitioner has provided evidence of the same:
new text end

new text begin (1) a history of threats or acts of violence by the respondent directed toward the
respondent's self or another person;
new text end

new text begin (2) the history of use, attempted use, or threatened use of physical force by the respondent
against another person;
new text end

new text begin (3) a violation of any court order including, but not limited to, orders issued under
sections 624.7171 to 624.7178, or chapter 260C or 518B;
new text end

new text begin (4) a prior arrest for a felony offense;
new text end

new text begin (5) a conviction or prior arrest for a violent misdemeanor offense, for a stalking offense
under section 609.749, or for domestic assault under section 609.2242;
new text end

new text begin (6) a conviction for an offense of cruelty to animals under chapter 343;
new text end

new text begin (7) the unlawful and reckless use, display, or brandishing of a firearm by the respondent;
and
new text end

new text begin (8) evidence of controlled substances or alcohol abuse factored against countervailing
evidence of recovery from abuse of controlled substances or alcohol.
new text end

new text begin (c) In determining whether to grant the order after a hearing, the court may consider any
other evidence that bears on whether the respondent poses a danger to the respondent's self
or others.
new text end

new text begin (d) If the court finds there is a preponderance of the evidence to issue an extreme risk
protection order, the court shall issue the order prohibiting the person from possessing a
firearm for the duration of the order. The court shall inform the respondent that the respondent
is prohibited from possessing firearms and shall issue a transfer order under section 624.7175.
The court shall also give notice to the county attorney's office, which may take action as it
deems appropriate.
new text end

new text begin (e) The order shall have a fixed period, to be determined by the court, of not less than
six months and not more than two years, subject to renewal or extension under section
624.7173.
new text end

new text begin (f) If there is no existing emergency order under section 624.7174 at the time an order
is granted under this section, the court shall determine by a preponderance of the evidence
whether the respondent presents an immediate and present danger of bodily injury. If the
court so determines, the transfer order shall include the provisions described in section
624.7175, paragraph (c).
new text end

new text begin (g) If, after a hearing, the court does not issue an order of protection, the court shall
vacate any emergency extreme risk protection order currently in effect.
new text end

Sec. 4.

new text begin [624.7173] SUBSEQUENT EXTENSIONS AND TERMINATION.
new text end

new text begin (a) Upon application by any party entitled to petition for an order under section 624.7172,
and after notice to the respondent and a hearing, the court may extend the relief granted in
an existing order granted after a hearing under section 624.7172. Application for an extension
may be made any time within the three months before the expiration of the existing order.
The order may be extended for a fixed period of at least six months and not to exceed two
years, if the court makes the same findings by a preponderance of the evidence as required
for granting of an initial order under section 624.7172, subdivision 2, paragraph (d). The
court shall consider the same types of evidence as required for the initial order under section
624.7172, subdivision 2, paragraphs (b) and (c).
new text end

new text begin (b) Upon application by the respondent to an order issued under section 624.7172, the
court may terminate an order after a hearing at which the respondent shall bear the burden
of proving by a preponderance of the evidence that the respondent does not pose a significant
danger of bodily injury to the respondent's self or to other persons by possessing a firearm,
or that less restrictive alternatives are appropriate and adequate to the circumstances.
Application may be made for termination one time for each year an order is in effect. If an
order has been issued for a period of six months, the respondent may apply for termination
one time.
new text end

Sec. 5.

new text begin [624.7174] EMERGENCY ISSUANCE OF EXTREME RISK PROTECTION
ORDER.
new text end

new text begin (a) In determining whether to grant an emergency extreme risk protection order, the
court shall consider evidence of all facts identified in section 624.7172, subdivision 2,
paragraphs (b) and (c).
new text end

new text begin (b) The court shall advise the petitioner of the right to request an order after a hearing
under section 624.7172 separately from or simultaneously with the petition.
new text end

new text begin (c) If the court finds there is reasonable grounds that (1) the respondent poses a significant
danger of bodily injury to the respondent's self or to other persons by possessing a firearm,
(2) less restrictive alternatives are inappropriate or inadequate to the circumstances, and (3)
the respondent presents an immediate and present danger of bodily injury, the court shall
issue an ex parte emergency order prohibiting the respondent from possessing a firearm for
the duration of the order. The order shall inform the respondent that the respondent is
prohibited from possessing firearms and shall issue a transfer order under section 624.7175,
paragraph (c).
new text end

new text begin (d) A finding by the court that there is a basis for issuing an emergency extreme risk
protection order constitutes a finding that sufficient reasons exist not to require notice under
applicable court rules governing applications for ex parte relief.
new text end

new text begin (e) The emergency order shall have a fixed period of 14 days, unless a hearing is set
under section 624.7172 on an earlier date, in which case the order shall expire upon a judge's
finding that no order is issued under section 624.7172.
new text end

new text begin (f) Except as provided in paragraph (g), the respondent shall be personally served
immediately with a copy of the emergency order and a copy of the petition and, if a hearing
is requested by the petitioner under section 624.7172, notice of the date set for the hearing.
If the petitioner does not request a hearing under section 624.7172, an order served on a
respondent under this subdivision must include a notice advising the respondent of the right
to request a hearing challenging the issuance of the emergency order, and must be
accompanied by a form that can be used by the respondent to request a hearing.
new text end

new text begin (g) Service of the emergency order may be made by alternate service as provided under
section 624.7172, subdivision 1, paragraph (e), provided that the petitioner files the affidavit
required under that subdivision. If the petitioner does not request a hearing under section
624.7172, the petition mailed to the respondent's residence, if known, must be accompanied
by the form for requesting a hearing described in paragraph (f).
new text end

Sec. 6.

new text begin [624.7175] TRANSFER OF FIREARMS.
new text end

new text begin (a) Upon issuance of an extreme risk protection order, the court shall direct the respondent
to transfer immediately any firearms the person possesses, within 24 hours, to a federally
licensed firearms dealer, a law enforcement agency, or third party. If the respondent elects
to transfer the respondent's firearms to a law enforcement agency, the agency must accept
the transfer. The transfer may be permanent or temporary. A temporary firearm transfer
only entitles the receiving party to possess the firearm and does not transfer ownership or
title. If the respondent makes a temporary transfer, a federally licensed firearms dealer or
law enforcement agency may charge the respondent a reasonable fee to store the firearms
and may establish policies for disposal of abandoned firearms, provided these policies
require that the respondent be notified prior to disposal of abandoned firearms. If a respondent
permanently transfers the respondent's firearms to a law enforcement agency, the agency
is not required to compensate the respondent and may charge the respondent a reasonable
processing fee.
new text end

new text begin (b) Proof of transfer must be filed as provided in this paragraph.
new text end

new text begin (1) A law enforcement agency or federally licensed firearms dealer accepting transfer
of a firearm pursuant to this section shall provide proof of transfer to the respondent and
the court that issued the order. The proof of transfer must specify whether the firearms were
permanently or temporarily transferred and must include the name of the respondent, date
of transfer, and the serial number, manufacturer, and model of all transferred firearms. If
transfer is made to a federally licensed firearms dealer, the respondent shall, within two
business days after being served with the order, file a copy of proof of transfer with the law
enforcement agency, and attest that all firearms owned or possessed at the time of the order
have been transferred in accordance with this section and that the person currently does not
possess any firearms. If the respondent claims not to own or possess firearms, the respondent
shall file a declaration of nonpossession with the law enforcement agency attesting that, at
the time of the order, the respondent neither owned nor possessed any firearms, and that
the respondent currently neither owns nor possesses any firearms.
new text end

new text begin (2) If the transfer is made to a third party, the third party must sign an affidavit under
oath before a notary public either acknowledging that the respondent permanently transferred
the abusing party's firearms to the third party or agreeing to temporarily store the abusing
party's firearms until such time as the respondent is legally permitted to possess firearms.
The affidavit shall indicate the serial number, make, and model of all firearms transferred
by the abusing party to the third party. The third party shall acknowledge in the affidavit
that the third party may be held criminally and civilly responsible under section 624.7144
if the respondent gains access to a transferred firearm while the firearm is in the custody of
the third party. The respondent shall provide the law enforcement agency and the court with
a signed and notarized affidavit as described in this section within two business days of the
firearms transfer.
new text end

new text begin (3) The court shall seal affidavits, proofs of transfer, and declarations of nonpossession
filed pursuant to this paragraph.
new text end

new text begin (c) If a court issues an emergency order under section 624.7174, or makes a finding of
immediate and present danger under section 624.7172, subdivision 2, paragraph (e), and
there is probable cause to believe the respondent possesses firearms, the court shall issue a
search warrant to the local law enforcement agency to take possession of all firearms in the
respondent's possession as soon as practicable. The local law enforcement agency shall,
upon written notice from the respondent, transfer the firearms to a federally licensed firearms
dealer. Before a local law enforcement agency transfers a firearm under this paragraph, the
agency shall require the federally licensed firearms dealer receiving the firearm to submit
a proof of transfer that complies with the requirements for proofs of transfer established in
paragraph (b). The agency shall file all proofs of transfer received by the court within two
business days of the transfer. A federally licensed firearms dealer who accepts a firearm
transfer pursuant to this paragraph shall comply with paragraphs (a) and (b) as if accepting
transfer directly from the respondent. If the law enforcement agency does not receive written
notice from the respondent within three business days, the agency may charge a reasonable
fee to store the respondent's firearms. A law enforcement agency may establish policies for
disposal of abandoned firearms, provided these policies require that the respondent be
notified prior to disposal of abandoned firearms.
new text end

Sec. 7.

new text begin [624.7176] RETURN OF FIREARMS.
new text end

new text begin Subdivision 1. new text end

new text begin Law enforcement. new text end

new text begin A local law enforcement agency that accepted
temporary transfer of firearms under section 624.7175 shall return the firearms to the
respondent upon request after the expiration of the order, provided the respondent is not
otherwise prohibited from possessing firearms under state or federal law.
new text end

new text begin Subd. 2. new text end

new text begin Firearms dealer. new text end

new text begin A federally licensed firearms dealer that accepted temporary
transfer of firearms under section 624.7175 shall return the transferring firearms to the
respondent upon request after the expiration of the order, provided the respondent is not
otherwise prohibited from possessing firearms under state or federal law. A federally licensed
firearms dealer returning firearms shall comply with state and federal law as though
transferring a firearm from the dealer's own inventory.
new text end

new text begin Subd. 3. new text end

new text begin Third party. new text end

new text begin A local law enforcement agency shall inform the third party that
accepted transfer under section 624.7175 that the third party may return firearms to the
respondent upon request after the expiration of the order, provided the respondent is not
otherwise prohibited from possessing firearms under state or federal law.
new text end

Sec. 8.

new text begin [624.7177] OFFENSES.
new text end

new text begin Subdivision 1. new text end

new text begin False information or harassment. new text end

new text begin A person who petitions for an extreme
risk protection order under section 624.7172 or 624.7174, knowing any information in the
petition to be materially false or with the intent to harass, abuse, or threaten, is guilty of a
misdemeanor.
new text end

new text begin Subd. 2. new text end

new text begin Violation of order. new text end

new text begin A person who possesses a firearm and knows or should
have known that the person is prohibited from doing so by an extreme risk protection order
under section 624.7172 or 624.7174, or by an order of protection granted by a judge or
referee pursuant to a substantially similar law of another state, is guilty of a misdemeanor
and shall be prohibited from possessing firearms for a period of five years. Each extreme
risk protection order granted under this chapter must contain a conspicuous notice to the
respondent regarding the penalty for violation of the order.
new text end

Sec. 9.

new text begin [624.7178] LIABILITY PROTECTION.
new text end

new text begin Subdivision 1. new text end

new text begin Liability protection for petition. new text end

new text begin A chief law enforcement officer, or a
designee, who in good faith decides not to petition for an extreme risk protection order or
emergency extreme risk protection order shall be immune from criminal or civil liability.
new text end

new text begin Subd. 2. new text end

new text begin Liability protection for storage of firearms. new text end

new text begin A law enforcement agency shall
be immune from civil or criminal liability for any damage or deterioration of firearms,
ammunition, or weapons stored or transported pursuant to section 624.7175. This subdivision
shall not apply if the damage or deterioration occurred as a result of recklessness, gross
negligence, or intentional misconduct by the law enforcement agency.
new text end

Sec. 10. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 9 are effective January 1, 2019, and apply to firearm permit background
checks made on or after that date.
new text end

APPENDIX

Repealed Minnesota Statutes: 18-7555

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.

624.7132 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.