HF 4381

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/21/2022 04:29pm

A bill for an act
relating to public safety; requiring the safe storage of firearms and ammunition;
requiring a locking device to be included in each firearm transfer; imposing criminal
penalties; proposing coding for new law in Minnesota Statutes, chapter 624;
repealing Minnesota Statutes 2020, section 609.666.

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

Section 1.

new text begin [624.7163] FIREARM AND AMMUNITION STORAGE
REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Storage. new text end

new text begin The owner of a firearm must take reasonable action to secure
the firearm when it is not carried or under the control of the owner or an authorized user.
For this purpose, reasonable action requires a firearm to be stored unloaded with a locking
device and separately from its ammunition.
new text end

new text begin Subd. 2. new text end

new text begin Transfer. new text end

new text begin No person shall transfer a firearm to another person without an
appropriate locking device unless the transferee provides proof of ownership of a locking
device capable of storing the firearm in compliance with subdivision 1. The transferee must
own a sufficient number of locking devices to secure each firearm the transferee owns.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin (a) A person who violates subdivision 1 is guilty of a misdemeanor.
new text end

new text begin (b) A person who violates subdivision 1 is guilty of a gross misdemeanor if a firearm
that belongs to the person is not secured and is either loaded or in the immediate area of the
unsecured firearm's ammunition.
new text end

new text begin (c) A person who violates subdivision 1 is guilty of a felony and may be sentenced to
18 months in prison or a fine of up to $5,000, or both, if a loaded, unsecured firearm that
belongs to the person is accessed by a child or a person prohibited from possessing firearms
under section 624.713, subdivision 1.
new text end

new text begin (d) A person who violates subdivision 1 is guilty of a felony and may be sentenced to
five years in prison or a fine of up to $25,000, or both, if an unsecured firearm that belongs
to the person is used in a felony crime of violence or to inflict substantial or great bodily
harm on, or to cause the death of, someone other than the owner of the firearm.
new text end

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

new text begin Subd. 4. new text end

new text begin Limitations. new text end

new text begin Subdivision 3, paragraphs (a) to (d), do not apply if access to the
firearm was obtained as a result of an unlawful entry into a structure where the firearm is
located.
new text end

new text begin Subd. 5. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the
meanings provided.
new text end

new text begin (b) "Child" means a person under the age of 18 years.
new text end

new text begin (c) "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.
new text end

new text begin (d) "Loaded" means the firearm has ammunition in the chamber or magazine, if the
magazine is in the firearm.
new text end

new text begin (e) "Locking device" means a feature of a firearm or an external device that renders the
firearm inaccessible or inoperable, or both, to children and unauthorized users. Locking
device includes but is not limited to the following: a biometric lock; a trigger lock; a barrel
lock; a cylinder lock; a gun vault; a locked cabinet; a locked box; or any other appropriate
locked container.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 609.666, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 22-07189

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.

(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.

Subd. 2.

Access to firearms.

A person is guilty of a gross misdemeanor who negligently stores or leaves a loaded firearm in a location where the person knows, or reasonably should know, that a child is likely to gain access, unless reasonable action is taken to secure the firearm against access by the child.

Subd. 3.

Limitations.

Subdivision 2 does not apply to a child's access to firearms that was obtained as a result of an unlawful entry.