SF 618

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to firearms; requiring licensing of persons 
  1.3             who transfer more than four pistols or semiautomatic 
  1.4             military-style assault weapons in a year; providing 
  1.5             procedures for application and background checks; 
  1.6             prescribing conditions for dealer licenses; proposing 
  1.7             coding for new law in Minnesota Statutes, chapter 624. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [624.7133] [FIREARM DEALER LICENSING.] 
  1.10     Subdivision 1.  [DEALER LICENSING.] Except as provided in 
  1.11  subdivision 2, no person may transfer pistols or semiautomatic 
  1.12  military-style assault weapons without first obtaining a dealer 
  1.13  license. 
  1.14     Subd. 2.  [EXCLUSION.] (a) A person may transfer a pistol 
  1.15  or semiautomatic military-style assault weapon to: 
  1.16     (1) a federally licensed firearms dealer; 
  1.17     (2) a federal, state, or local historical society, museum 
  1.18  or institutional collection open to the public. 
  1.19     (b) A person may transfer no more than four pistols or 
  1.20  semiautomatic military-style assault weapons in any calendar 
  1.21  year without being licensed under sections 624.7133 to 624.7135. 
  1.22     Subd. 3.  [APPLICATION.] An application for a license under 
  1.23  this section must be on a form prescribed by the commissioner of 
  1.24  public safety.  The commissioner shall adopt statewide standards 
  1.25  governing the form and content of applications for a dealer 
  1.26  license. 
  2.1      Subd. 4.  [INFORMATION.] (a) A person may apply for a 
  2.2   license to transfer pistols and semiautomatic military-style 
  2.3   assault weapons by providing the following information in 
  2.4   writing to the chief of police of an organized full-time police 
  2.5   department of the municipality in which the person resides or to 
  2.6   the county sheriff if there is no local chief of police: 
  2.7      (1) the name, residence, telephone number, and driver's 
  2.8   license number or nonqualification certificate number, if any, 
  2.9   of the applicant; 
  2.10     (2) the sex, date of birth, height, weight, and color of 
  2.11  eyes, and distinguishing physical characteristics, if any, of 
  2.12  the applicant; 
  2.13     (3) the street and number of the building where the 
  2.14  applicant's business is to be carried on; 
  2.15     (4) a statement that the applicant authorizes the release 
  2.16  to the local police authority of commitment information about 
  2.17  the applicant maintained by the commissioner of human services, 
  2.18  to the extent that the information relates to the proposed 
  2.19  applicant's eligibility to possess a pistol or semiautomatic 
  2.20  military-style assault weapon under section 624.713, subdivision 
  2.21  1; and 
  2.22     (5) a statement by the applicant that the applicant is not 
  2.23  prohibited by section 624.713 from possessing a pistol or 
  2.24  semiautomatic military-style assault weapon. 
  2.25     (b) The statements must be signed and dated by the person 
  2.26  applying for a license.  At the time of application, the local 
  2.27  police authority shall provide the applicant with a dated 
  2.28  receipt for the application.  The statement under clause (4) 
  2.29  must comply with any applicable requirements of Code of Federal 
  2.30  Regulations, title 42, sections 2.31 to 2.35, with respect to 
  2.31  consent to disclosure of alcohol or drug abuse patient records. 
  2.32     Subd. 5.  [INVESTIGATION.] (a) The chief of police or 
  2.33  sheriff shall check criminal histories, records, or warrant 
  2.34  information relating to the applicant through the Minnesota 
  2.35  crime information system and the national criminal record 
  2.36  repository and shall make a reasonable effort to check other 
  3.1   available state and local recordkeeping systems.  The chief of 
  3.2   police or sheriff shall obtain commitment information from the 
  3.3   commissioner of human services as provided in section 245.041. 
  3.4      (b) In addition, the chief of police or sheriff shall 
  3.5   conduct a background and financial investigation of the 
  3.6   applicant, including the applicant's sources of financing.  The 
  3.7   chief of police or sheriff may, or shall when required by law, 
  3.8   require that fingerprints be taken and the director may forward 
  3.9   the fingerprints to the Federal Bureau of Investigation for a 
  3.10  national criminal history check.  The chief of police or sheriff 
  3.11  may charge an investigation fee to cover the cost of the 
  3.12  investigation. 
  3.13     Subd. 6.  [FEE.] The fee for any license issued under this 
  3.14  section shall be set by the licensing authorities, but must not 
  3.15  exceed $20 per year for initial issuance and renewals. 
  3.16     Subd. 7.  [DENIAL OF LICENSE.] The licensing authority must 
  3.17  not issue a dealer license under this section if the applicant: 
  3.18     (1) is prohibited by section 624.713 from possessing a 
  3.19  pistol or military-style assault weapon; or 
  3.20     (2) had a state or federal dealer license revoked or denied 
  3.21  by another jurisdiction for a violation of law or rule relating 
  3.22  to pistol or semiautomatic military-style assault weapons. 
  3.23     Subd. 8.  [GRANTING OF LICENSES.] The chief of police or 
  3.24  sheriff shall issue a dealer license or deny the application 
  3.25  within 30 days of application for the license.  The chief of 
  3.26  police or sheriff shall provide an applicant with written 
  3.27  notification of a denial and the specific reason for the denial. 
  3.28     Subd. 9.  [DEALER LICENSES.] Dealer licenses issued under 
  3.29  this section expire after three years.  A dealer license may be 
  3.30  renewed in the same manner and subject to the same provisions by 
  3.31  which the original permit was obtained, except that all renewed 
  3.32  licenses must comply with the standards adopted by the 
  3.33  commissioner of public safety under subdivision 3.  Licenses 
  3.34  issued under this section are not transferable.  A person who 
  3.35  transfers a dealer license in violation of this subdivision is 
  3.36  guilty of a misdemeanor. 
  4.1      Subd. 10.  [APPEAL UPON LICENSE DENIAL.] (a) A person 
  4.2   refused a dealer license under this section may appeal to the 
  4.3   commissioner of public safety.  The commissioner may uphold the 
  4.4   denial or grant the licensing if the commissioner finds no 
  4.5   reasonable grounds for the refusal to grant the license. 
  4.6      (b) A person aggrieved by denial of a dealer license may 
  4.7   appeal the denial to the district court having jurisdiction over 
  4.8   the county or municipality in which the denial occurred. 
  4.9      Subd. 11.  [LICENSE VOIDED.] The dealer license shall be 
  4.10  void at the time that the holder becomes prohibited from 
  4.11  possessing a pistol under section 624.713, in which event the 
  4.12  holder shall return the license within five days to the issuing 
  4.13  authority.  Failure of the holder to return the license within 
  4.14  the five days is a misdemeanor unless the court finds that the 
  4.15  circumstances or the physical or mental condition of the permit 
  4.16  holder prevented the holder from complying with the return 
  4.17  requirement. 
  4.18     Subd. 12.  [PENALTY.] (a) A person who makes a false 
  4.19  statement in order to obtain a dealer license knowing or having 
  4.20  reason to know the statement is false is guilty of a gross 
  4.21  misdemeanor. 
  4.22     (b) Except as authorized by this section, a person who 
  4.23  transfers a pistol or semiautomatic military-style assault 
  4.24  weapon without being licensed as required under this section is 
  4.25  guilty of a gross misdemeanor.  A person who is convicted a 
  4.26  second or subsequent time is guilty of a felony.  
  4.27     Subd. 13.  [PLACARDS, SIGNS, OR ADVERTISEMENTS; PRIMA FACIE 
  4.28  EVIDENCE OF INTENT TO TRANSFER.] If there is exposed from, 
  4.29  maintained in, or permitted to remain on a premises a placard, 
  4.30  sign, or advertisement purporting or designed to announce that 
  4.31  pistols or semiautomatic military-style assault weapons are kept 
  4.32  in or upon the premises, it shall be prima facie evidence that 
  4.33  pistols or semiautomatic military-style assault weapons are kept 
  4.34  in or upon the premises for sale. 
  4.35     Subd. 14.  [TRANSFER OF LICENSES.] The officials authorized 
  4.36  to issue a license under this section may transfer licenses from 
  5.1   one location to another within the city or town in which the 
  5.2   licenses are in force, but the transfer shall be granted only to 
  5.3   the original licensee and upon the same terms and conditions 
  5.4   upon which the license was originally granted.  The commissioner 
  5.5   of public safety shall be notified in writing of any transfers 
  5.6   made under this section. 
  5.7      Subd. 15.  [DEFINITION.] For the purposes of this section 
  5.8   and sections 624.7134 to 624.7136, "firearms dealer" or "dealer" 
  5.9   means a dealer licensed under this section to sell pistols or 
  5.10  semiautomatic military-style assault weapons who operates a 
  5.11  retail business in which these pistols or assault weapons are 
  5.12  sold from a permanent business location other than the dealer's 
  5.13  home. 
  5.14     Subd. 16.  [LOCAL REGULATION.] This section shall be 
  5.15  construed to supersede municipal or county regulation of the 
  5.16  issuance of dealer licenses. 
  5.17     Sec. 2.  [624.7134] [CONDITIONS OF DEALER'S LICENSE.] 
  5.18     Subdivision 1.  [CONDITIONS.] A license granted under 
  5.19  section 624.7133 is subject to the conditions specified in 
  5.20  subdivisions 2 to 7. 
  5.21     Subd. 2.  [ADHERENCE TO LICENSING PROVISIONS.] The licensee 
  5.22  shall strictly adhere to all the provisions of sections 624.7133 
  5.23  to 624.7135, including restricting transfers to the business 
  5.24  location authorized in the license. 
  5.25     Subd. 3.  [TRANSFER RECORD BOOK.] (a) The commissioner of 
  5.26  public safety shall furnish each licensee with a transfer record 
  5.27  book.  Each licensee shall record in the book: 
  5.28     (1) the complete description of each pistol or 
  5.29  semiautomatic military-style assault weapon transferred, 
  5.30  including the make, serial number, if any, type of pistol or 
  5.31  assault weapon transferred; 
  5.32     (2) the date of each transfer; 
  5.33     (3) the permit to purchase number required by section 
  5.34  624.7131, the transfer report number required by section 
  5.35  624.7132, or the permit to carry number required by section 
  5.36  624.714; and 
  6.1      (4) the sex, residence, and occupation of the purchaser. 
  6.2      (b) The purchaser shall write the purchaser's name in the 
  6.3   book.  
  6.4      (c) The transfer record book shall be open at all times to 
  6.5   inspection by law enforcement authorities. 
  6.6      Subd. 4.  [DISPLAY.] The dealer license or a copy of it 
  6.7   must be prominently displayed on the business premises. 
  6.8      Subd. 5.  [WEEKLY REPORT.] The licensee shall send weekly 
  6.9   copies of records of transfer to the commissioner of public 
  6.10  safety. 
  6.11     Subd. 6.  [UNLOADED.] Each pistol and assault weapon must 
  6.12  be unloaded when transferred. 
  6.13     Subd. 7.  [PERMIT PREREQUISITE.] No transfer of a pistol or 
  6.14  assault weapon may be made unless the licensee has ascertained 
  6.15  that the purchaser has a valid permit to purchase under section 
  6.16  624.7131 or to carry under section 624.714. 
  6.17     Subd. 8.  [FORFEITURE.] The license is subject to 
  6.18  forfeiture as provided in section 624.7135. 
  6.19     Sec. 3.  [624.7135] [FORFEITURE OR SUSPENSION OF LICENSES; 
  6.20  NOTICE.] 
  6.21     The officials authorized to issue a license under section 
  6.22  624.7133, after due notice to the licensee and reasonable 
  6.23  opportunity for the licensee to be heard, may declare the 
  6.24  license forfeited, or may suspend the license for a period of 
  6.25  time as they may deem proper, upon satisfactory proof that the 
  6.26  licensee has violated or permitted a violation of any condition 
  6.27  of the license under section 624.7133 or has violated any 
  6.28  provision of this chapter, or has been convicted of a felony.  
  6.29  The pendency of proceedings before a court shall not suspend or 
  6.30  interfere with the power to declare a forfeiture.  If the 
  6.31  license is declared forfeited, the licensee shall be 
  6.32  disqualified to receive a license for one year after the 
  6.33  expiration of the term of the license so forfeited.  The 
  6.34  commissioner of public safety shall be notified in writing of 
  6.35  any forfeiture under this section.