HF 4766

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/11/2024 02:15pm

A bill for an act
relating to public safety; requiring offenders convicted of crimes of violence to
provide proof of transfer of firearms; providing for compliance hearings; proposing
coding for new law in Minnesota Statutes, chapter 609.

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

Section 1.

new text begin [609.161] CRIMES OF VIOLENCE; SURRENDER OF FIREARMS;
COMPLIANCE HEARING.
new text end

new text begin (a) When a person is convicted of, or adjudicated delinquent or convicted as an extended
jurisdiction juvenile for committing, a crime of violence as defined in section 624.712,
subdivision 5, and released from custody without being committed to the custody of the
commissioner of corrections, the court shall order the offender transfer any firearms that
the person possesses to a federally licensed firearms dealer, a law enforcement agency, or
a third party who may lawfully receive them.
new text end

new text begin (b) A transfer ordered under this section must take place within three days.
new text end

new text begin (c) If the transfer is made to a third party, the third party must sign an affidavit under
oath before a notary public acknowledging that the offender permanently transferred the
offender's firearms 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
offender gains access to a transferred firearm while the firearm is in the custody of the third
party. An offender must not transfer firearms to a third party who resides with the offender.
new text end

new text begin (d) If the transfer is to a law enforcement agency or federally licensed firearms dealer,
the law enforcement agency or federally licensed firearms dealer shall provide proof of
transfer to the offender. The proof of transfer must include the name of the offender and
date of transfer.
new text end

new text begin (e) If the court issues an order under paragraph (a), the court must hold a compliance
hearing within seven days of the date the offender is released from custody. At the compliance
hearing, the offender must provide the court with a signed and notarized affidavit or proof
of transfer as described in this section. The court shall seal affidavits and proofs of transfer
filed pursuant to this paragraph.
new text end

new text begin (f) An order issued under paragraph (a) shall be deemed to be a condition of probation
or release from custody. A person who fails to obey an order is subject to probation
revocation, contempt of court, or any other appropriate remedy.
new text end

new text begin (g) This section does not apply if the offender makes a statement to the court under oath
or affirmation that the offender does not own or possess any firearms. The court shall instruct
the offender that a false statement under oath constitutes perjury and may be prosecuted
under section 609.748.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to convictions
and adjudications that take place on or after that date.
new text end