SF 1240

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:19am

A bill for an act
relating to public safety; providing that interference with an emergency call
disqualifies an offender from possessing a firearm; amending Minnesota Statutes
2008, section 609.78, subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2008, section 609.78, subdivision 2, is amended to read:

Subd. 2.

Interference with an emergency call; gross misdemeanor offense.

new text begin (a) new text end A
person who intentionally interrupts, disrupts, impedes, or interferes with an emergency
call or who intentionally prevents or hinders another from placing an emergency call,
and whose conduct does not result in a violation of section 609.498, is guilty of a gross
misdemeanor and may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both.

new text begin (b) When a person is convicted of a violation of this subdivision against a family
or household member and is determined by the court to have used a firearm in any way
during the commission of the offense, the court may order that the person is prohibited
from possessing any type of firearm for any period longer than three years or for the
remainder of the person's life. A person who violates this paragraph is guilty of a gross
misdemeanor. At the time of the conviction, the court shall inform the defendant whether
and for how long the defendant is prohibited from possessing a firearm and that it is
a gross misdemeanor to violate this paragraph. The failure of the court to provide this
information to a defendant does not affect the applicability of the firearm possession
prohibition or the gross misdemeanor penalty to that defendant.
new text end

new text begin (c) Except as otherwise provided in paragraph (b), when a person is convicted of
a violation of this subdivision and the court determines that the victim was a family or
household member, the court shall inform the defendant that the defendant is prohibited
from possessing a pistol for three years from the date of conviction and that it is a gross
misdemeanor offense to violate this prohibition. The failure of the court to provide
this information to a defendant does not affect the applicability of the pistol possession
prohibition or the gross misdemeanor penalty to that defendant.
new text end

new text begin (d) Except as otherwise provided in paragraph (b), a person is not entitled to
possess a pistol if the person has been convicted of a violation of this subdivision and the
court determines that the victim was a family or household member unless three years
have elapsed from the date of conviction and, during that time, the person has not been
convicted of any other violation of this section. Property rights may not be abated but
access may be restricted by the courts. A person who possesses a pistol in violation of this
paragraph 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, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 609.78, subdivision 3, is amended to read:

Subd. 3.

Definition.

For purposes of this section, new text begin the following terms have the
meanings given them.
new text end

new text begin (a) new text end "Emergency call" means:

(1) a 911 call;

(2) any call for emergency medical or ambulance service; or

(3) any call for assistance from a police or fire department or for other assistance
needed in an emergency to avoid serious harm to person or property, and an emergency
exists.

new text begin (b) "Family or household member" has the meaning given in section 518B.01,
subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end