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SF 1359

as introduced - 88th Legislature (2013 - 2014) Posted on 03/19/2013 02:56pm

KEY: stricken = removed, old language. underscored = added, new language.

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1.1A bill for an act
1.2relating to firearms; regulating the lawful possession, purchase, and transfer
1.3of firearms and ammunition; amending the definition of crime of violence;
1.4establishing mandatory minimum sentences; creating new criminal offenses;
1.5providing procedures for restoring firearms rights; directing the commissioner of
1.6human services to report mental health commitment information to the National
1.7Instant Criminal Background Check System for the purpose of facilitating
1.8firearms background checks; creating a reporting requirement; requiring timely
1.9transmittal of civil commitment, law enforcement, and court data to certain
1.10state and federal searchable databases; requiring a report;amending Minnesota
1.11Statutes 2012, sections 241.301; 245.041; 253B.24; 299C.10, subdivisions 1, 3;
1.12299C.11, subdivision 1; 299C.14; 299C.17; 609.165, subdivision 1b; 609.505,
1.13by adding a subdivision; 624.712, subdivision 5, by adding a subdivision;
1.14624.713, subdivisions 1, 2, by adding subdivisions; 624.7141, subdivisions 2,
1.153; proposing coding for new law in Minnesota Statutes, chapters 299C; 624;
1.16repealing Minnesota Statutes 2012, section 624.713, subdivision 4.
1.17BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.18    Section 1. Minnesota Statutes 2012, section 241.301, is amended to read:
1.19241.301 FINGERPRINTS OF INMATES, PAROLEES, AND PROBATIONERS
1.20FROM OTHER STATES.
1.21    The commissioner of corrections shall establish procedures so that whenever this
1.22state receives an inmate, parolee, or probationer from another state under sections 241.28
1.23to 241.30 or 243.1605, fingerprints and thumbprints of the inmate, parolee, or probationer
1.24are obtained and forwarded to the Bureau of Criminal Apprehension. by electronic entry
1.25into a Bureau of Criminal Apprehension-managed or federal searchable database within
1.2624 hours of receipt. The bureau shall convert the fingerprints and thumbprints into an
1.27electronic format for entry into the appropriate searchable database within 72 hours of
1.28receipt if the data is not entered by the commissioner.

2.1    Sec. 2. Minnesota Statutes 2012, section 245.041, is amended to read:
2.2245.041 PROVISION OF FIREARMS AND EXPLOSIVES BACKGROUND
2.3CHECK INFORMATION.
2.4Notwithstanding section 253B.23, subdivision 9, the commissioner of human
2.5services shall provide commitment information to local law enforcement agencies on an
2.6individual request basis by means of electronic data transfer from the Department of
2.7Human Services through the Minnesota Crime Information System and the National
2.8Instant Criminal Background Check System for the sole purpose of facilitating a firearms
2.9background check under section 624.7131, 624.7132, or 624.714, or an explosives
2.10background check under section 299F.73, 299F.74, 299F.75, 299F.77, or 299F.785. The
2.11information to be provided is limited to whether the person has been committed under
2.12chapter 253B and, if so, the type of commitment. No later than August 1, 2013, the
2.13commissioner must make available in electronic data format the commitment information
2.14required by this section for commitments occurring since August 1, 1994.
2.15EFFECTIVE DATE.This section is effective the day following final enactment.

2.16    Sec. 3. Minnesota Statutes 2012, section 253B.24, is amended to read:
2.17253B.24 TRANSMITTAL OF DATA TO NATIONAL INSTANT CRIMINAL
2.18BACKGROUND CHECK SYSTEM.
2.19When a court:
2.20(1) commits a person under this chapter as being mentally ill, developmentally
2.21disabled, mentally ill and dangerous, or chemically dependent;
2.22(2) determines in a criminal case that a person is incompetent to stand trial or not
2.23guilty by reason of mental illness; or
2.24(3) restores a person's ability to possess a firearm under section 609.165, subdivision
2.251d
, or 624.713, subdivision 4,
2.26the court shall ensure that this information is electronically transmitted as soon as
2.27practicable within 24 hours to the National Instant Criminal Background Check System.

2.28    Sec. 4. [299C.089] INFORMATION RECEIVED BY BUREAU.
2.29Within 72 hours of receipt of data, the bureau shall convert into an electronic format
2.30for entry into the appropriate searchable database all data received from a criminal justice
2.31agency that is not electronically entered by that agency into a bureau-managed or federal
2.32searchable database. For the purposes of this section, "criminal justice agency" has the
2.33meaning given under section 299C.46, subdivision 2.

3.1    Sec. 5. Minnesota Statutes 2012, section 299C.10, subdivision 1, is amended to read:
3.2    Subdivision 1. Required fingerprinting. (a) Sheriffs, peace officers, and
3.3community corrections agencies operating secure juvenile detention facilities shall take
3.4or cause to be taken immediately finger and thumb prints, photographs, distinctive
3.5physical mark identification data, information on any known aliases or street names, and
3.6other identification data requested or required by the superintendent of the bureau, of
3.7the following:
3.8(1) persons arrested for, appearing in court on a charge of, or convicted of a felony,
3.9gross misdemeanor, or targeted misdemeanor;
3.10(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent
3.11for, or alleged to have committed felonies or gross misdemeanors as distinguished from
3.12those committed by adult offenders;
3.13(3) adults and juveniles admitted to jails or detention facilities;
3.14(4) persons reasonably believed by the arresting officer to be fugitives from justice;
3.15(5) persons in whose possession, when arrested, are found concealed firearms or
3.16other dangerous weapons, burglar tools or outfits, high-power explosives, or articles,
3.17machines, or appliances usable for an unlawful purpose and reasonably believed by the
3.18arresting officer to be intended for such purposes;
3.19(6) juveniles referred by a law enforcement agency to a diversion program for a
3.20felony or gross misdemeanor offense; and
3.21(7) persons currently involved in the criminal justice process, on probation, on
3.22parole, or in custody for any offense whom the superintendent of the bureau identifies as
3.23being the subject of a court disposition record which cannot be linked to an arrest record,
3.24and whose fingerprints are necessary to reduce the number of suspense files, or to comply
3.25with the mandates of section 299C.111, relating to the reduction of the number of suspense
3.26files. This duty to obtain fingerprints for the offenses in suspense at the request of the
3.27bureau shall include the requirement that fingerprints be taken in post-arrest interviews,
3.28while making court appearances, while in custody, or while on any form of probation,
3.29diversion, or supervised release.
3.30(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours
3.31of taking the fingerprints and data, the fingerprint records and other identification data
3.32specified under paragraph (a) must be forwarded to the bureau on such forms and in such
3.33 electronically entered into a bureau-managed or federal searchable database in a manner
3.34as may be prescribed by the superintendent.
3.35(c) Prosecutors, courts, and probation officers and their agents, employees, and
3.36subordinates shall attempt to ensure that the required identification data is taken on a
4.1person described in paragraph (a). Law enforcement may take fingerprints of an individual
4.2who is presently on probation.
4.3(d) Finger and thumb prints must be obtained no later than:
4.4(1) release from booking; or
4.5(2) if not booked prior to acceptance of a plea of guilty or not guilty.
4.6Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb
4.7prints must be submitted to the Bureau of Criminal Apprehension for the offense. If finger
4.8and thumb prints have not been successfully received by the bureau, an individual may,
4.9upon order of the court, be taken into custody for no more than eight hours so that the
4.10taking of prints can be completed. Upon notice and motion of the prosecuting attorney,
4.11this time period may be extended upon a showing that additional time in custody is
4.12essential for the successful taking of prints.
4.13(e) For purposes of this section, a targeted misdemeanor is a misdemeanor violation
4.14of section 169A.20 (driving while impaired), 518B.01 (order for protection violation),
4.15609.224 (fifth-degree assault), 609.2242 (domestic assault), 609.746 (interference with
4.16privacy), 609.748 (harassment or restraining order violation), 617.23 (indecent exposure),
4.17or 629.75 (domestic abuse no contact order).

4.18    Sec. 6. Minnesota Statutes 2012, section 299C.10, subdivision 3, is amended to read:
4.19    Subd. 3. Bureau duty. The bureau must enter convert into an electronic format for
4.20entry in the criminal records system finger and thumb prints fingerprints, thumbprints,
4.21and other identification data within five working days 72 hours after they are received
4.22under this section if the fingerprints, thumbprints, and other identification data were not
4.23electronically entered by a criminal justice agency.

4.24    Sec. 7. Minnesota Statutes 2012, section 299C.11, subdivision 1, is amended to read:
4.25    Subdivision 1. Identification data other than DNA. (a) Each sheriff and chief of
4.26police shall furnish the bureau, upon such form as the superintendent shall prescribe, with
4.27such finger and thumb prints, photographs, distinctive physical mark identification data,
4.28information on known aliases and street names, and other identification data as may be
4.29requested or required by the superintendent of the bureau, which must be taken under the
4.30provisions of section 299C.10. In addition, sheriffs and chiefs of police shall furnish this
4.31identification data to the bureau for individuals found to have been convicted of a felony,
4.32gross misdemeanor, or targeted misdemeanor, within the ten years immediately preceding
4.33their arrest. When the bureau learns that an individual who is the subject of a background
4.34check has used, or is using, identifying information, including, but not limited to, name
5.1and date of birth, other than those listed on the criminal history, the bureau may add
5.2 shall convert into an electronic format, if necessary, and enter into a bureau-managed or
5.3federal searchable database the new identifying information to the criminal history when
5.4supported by fingerprints within 72 hours of learning the information if the information is
5.5not entered by a law enforcement agency.
5.6(b) No petition under chapter 609A is required if the person has not been convicted
5.7of any felony or gross misdemeanor, either within or without the state, within the period
5.8of ten years immediately preceding the determination of all pending criminal actions or
5.9proceedings in favor of the arrested person, and either of the following occurred:
5.10(1) all charges were dismissed prior to a determination of probable cause; or
5.11(2) the prosecuting authority declined to file any charges and a grand jury did not
5.12return an indictment.
5.13Where these conditions are met, the bureau or agency shall, upon demand, return to
5.14the arrested person finger and thumb prints, photographs, distinctive physical mark
5.15identification data, information on known aliases and street names, and other identification
5.16data, and all copies and duplicates of them.
5.17(c) Except as otherwise provided in paragraph (b), upon the determination of all
5.18pending criminal actions or proceedings in favor of the arrested person, and the granting
5.19of the petition of the arrested person under chapter 609A, the bureau shall seal finger and
5.20thumb prints, photographs, distinctive physical mark identification data, information on
5.21known aliases and street names, and other identification data, and all copies and duplicates
5.22of them if the arrested person has not been convicted of any felony or gross misdemeanor,
5.23either within or without the state, within the period of ten years immediately preceding
5.24such determination.

5.25    Sec. 8. Minnesota Statutes 2012, section 299C.14, is amended to read:
5.26299C.14 INFORMATION ON RELEASED PRISONER.
5.27It shall be the duty of the officials having charge of the penal institutions of the state
5.28or the release of prisoners therefrom to furnish to the bureau, as the superintendent may
5.29require, finger and thumb prints, photographs, distinctive physical mark identification
5.30data, other identification data, modus operandi reports, and criminal records of prisoners
5.31heretofore, now, or hereafter confined in such penal institutions, together with the period
5.32of their service and the time, terms, and conditions of their discharge. This duty to furnish
5.33information includes, but is not limited to, requests for fingerprints as the superintendent of
5.34the bureau deems necessary to maintain and ensure the accuracy of the bureau's criminal
5.35history files, to reduce the number of suspense files, or to comply with the mandates
6.1of section 299C.111 relating to the reduction of the number of suspense files where a
6.2disposition record is received that cannot be linked to an arrest record. The officials shall
6.3electronically enter the information in a bureau-managed or federal searchable database
6.4within 24 hours of a prisoner's date of release or discharge. The bureau shall convert the
6.5information into an electronic format and enter it into the appropriate searchable database
6.6within 72 hours of the date of receipt, if the information is not entered by the officials.

6.7    Sec. 9. Minnesota Statutes 2012, section 299C.17, is amended to read:
6.8299C.17 REPORT BY COURT ADMINISTRATOR.
6.9The superintendent shall have power to require the court administrator of any county
6.10 of every court which sentences a defendant for a felony or gross misdemeanor to file with
6.11the department, at such time as the superintendent may designate, electronically transmit
6.12within 24 hours of the disposition of the case a report, upon such in a form as prescribed by
6.13 the superintendent may prescribe, furnishing such providing information as the required by
6.14the superintendent may require with regard to the prosecution and disposition of criminal
6.15cases. A copy of the report shall be kept on file in the office of the court administrator.

6.16    Sec. 10. Minnesota Statutes 2012, section 609.165, subdivision 1b, is amended to read:
6.17    Subd. 1b. Violent felons in possession; violation and penalty; mandatory
6.18sentences. (a) Any person who has been convicted of a crime of violence, as defined in
6.19section 624.712, subdivision 5, and who ships, transports, possesses, or receives a firearm,
6.20commits a felony and may be sentenced to imprisonment for not more than 15 years or
6.21to payment of a fine of not more than $30,000, or both.
6.22(b) A conviction and sentencing under this section shall be construed to bar a
6.23conviction and sentencing for a violation of section 624.713, subdivision 2.
6.24(c) The criminal penalty in paragraph (a) does not apply to any person who has
6.25received a relief of disability under United States Code, title 18, section 925, or whose
6.26ability to possess firearms has been restored under subdivision 1d.
6.27(d) Unless a longer mandatory minimum sentence is otherwise required by law
6.28or the sentencing guidelines provide for a longer presumptive executed sentence, a
6.29person convicted of violating paragraph (a) shall be committed to the commissioner of
6.30corrections for:
6.31(1) 60 months; or
6.32(2) 120 months if the person has a prior conviction under this section, section 624.713,
6.33subdivision 2, paragraph (b), or a comparable law of another state or the United States.
7.1Sentencing a person in a manner other than that described in this paragraph is a departure
7.2from the sentencing guidelines.
7.3EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
7.4committed on or after that date.

7.5    Sec. 11. Minnesota Statutes 2012, section 609.505, is amended by adding a subdivision
7.6to read:
7.7    Subd. 3. Lost or stolen firearms; false reporting. (a) Whoever files a written
7.8report with a law enforcement officer that a firearm has been lost or stolen, knowing that
7.9the report is false, is guilty of a gross misdemeanor.
7.10(b) A person is guilty of a felony and may be sentenced to imprisonment for not more
7.11than five years, or to payment of a fine of not more than $10,000, or both, if the person:
7.12(1) is convicted a second or subsequent time of violating this subdivision; or
7.13(2) violates paragraph (a) while knowing that the firearm has been transferred to
7.14someone who intends to use it in furtherance of a felony crime of violence, as defined in
7.15section 624.712, subdivision 5.
7.16EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
7.17committed on or after that date.

7.18    Sec. 12. Minnesota Statutes 2012, section 624.712, subdivision 5, is amended to read:
7.19    Subd. 5. Crime of violence. "Crime of violence" means: felony convictions of
7.20the following offenses: sections 609.185 (murder in the first degree); 609.19 (murder
7.21in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in
7.22the first degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide
7.23and aiding attempted suicide); 609.221 (assault in the first degree); 609.222 (assault
7.24in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the
7.25fourth degree); 609.224, subdivision 4 (felony assault in the fifth degree); 609.2242,
7.26subdivision 4 (felony domestic assault); 609.2247 (domestic assault by strangulation);
7.27 609.229 (crimes committed for the benefit of a gang); 609.235 (use of drugs to injure
7.28or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25
7.29(kidnapping); 609.255 (false imprisonment); 609.322 (solicitation, inducement, and
7.30promotion of prostitution; sex trafficking); 609.342 (criminal sexual conduct in the first
7.31degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual
7.32conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree);
7.33609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);
8.1609.486 (commission of crime while wearing or possessing a bullet-resistant vest);
8.2609.505, subdivision 3, paragraph (b) (falsely reporting lost or stolen firearms); 609.52
8.3(involving theft of a firearm, theft involving the intentional taking or driving of a motor
8.4vehicle without the consent of the owner or authorized agent of the owner, theft involving
8.5the taking of property from a burning, abandoned, or vacant building, or from an area of
8.6destruction caused by civil disaster, riot, bombing, or the proximity of battle, and theft
8.7involving the theft of a controlled substance, an explosive, or an incendiary device);
8.8609.561 (arson in the first degree); 609.562 (arson in the second degree); 609.582,
8.9subdivision 1
, 2, or 3 (burglary in the first through third degrees); 609.66, subdivision 1e
8.10(drive-by shooting); 609.67 (unlawfully owning, possessing, operating a machine gun or
8.11short-barreled shotgun); 609.71 (riot); 609.713 (terroristic threats); 609.749 (stalking);
8.12609.855, subdivision 5 (shooting at a public transit vehicle or facility); 624.7141,
8.13subdivision 2 (transferring firearm to an ineligible person); and a second or subsequent
8.14conviction, adjudication of delinquency, or conviction as an extended jurisdiction juvenile
8.15for violating section 624.713, subdivision 1, clause (1) (certain persons not to possess
8.16firearms, ineligible persons, juveniles); and chapter 152 (drugs, controlled substances);
8.17and an attempt to commit any of these offenses.
8.18EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
8.19committed on or after that date.

8.20    Sec. 13. Minnesota Statutes 2012, section 624.712, is amended by adding a subdivision
8.21to read:
8.22    Subd. 12. Ammunition. "Ammunition" means ammunition or cartridge cases,
8.23primers, bullets, or propellent powder designed for use in any firearm other than an antique
8.24firearm. Ammunition shall not include (1) any shotgun shot or pellet not designed for use
8.25as the single, complete projectile load for one shotgun hull or casing, or (2) any unloaded,
8.26nonmetallic shotgun hull or casing not having a primer.
8.27EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
8.28committed on or after that date.

8.29    Sec. 14. Minnesota Statutes 2012, section 624.713, subdivision 1, is amended to read:
8.30    Subdivision 1. Ineligible persons. The following persons shall not be entitled to
8.31possess ammunition or a pistol or semiautomatic military-style assault weapon or, except
8.32for clause (1), any other firearm:
9.1(1) a person under the age of 18 years except that a person under 18 may possess
9.2ammunition designed for use in a firearm that the person may lawfully possess and may
9.3carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual
9.4presence or under the direct supervision of the person's parent or guardian, (ii) for the
9.5purpose of military drill under the auspices of a legally recognized military organization
9.6and under competent supervision, (iii) for the purpose of instruction, competition, or target
9.7practice on a firing range approved by the chief of police or county sheriff in whose
9.8jurisdiction the range is located and under direct supervision; or (iv) if the person has
9.9successfully completed a course designed to teach marksmanship and safety with a pistol
9.10or semiautomatic military-style assault weapon and approved by the commissioner of
9.11natural resources;
9.12(2) except as otherwise provided in clause (9), a person who has been convicted of,
9.13or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing,
9.14in this state or elsewhere, a crime of violence. For purposes of this section, crime of
9.15violence includes crimes in other states or jurisdictions which would have been crimes of
9.16violence as herein defined if they had been committed in this state;
9.17(3) a person who is or has ever been ordered committed in Minnesota or elsewhere
9.18by a judicial determination that the person is mentally ill, developmentally disabled, or
9.19mentally ill and dangerous to the public, as defined in section 253B.02, to a treatment
9.20facility, whether or not the order was stayed, or who has ever been found incompetent to
9.21stand trial or not guilty by reason of mental illness, unless the person's ability to possess a
9.22firearm has been restored under subdivision 4 6;
9.23(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
9.24gross misdemeanor violation of chapter 152, unless three years have elapsed since the
9.25date of conviction and, during that time, the person has not been convicted of any other
9.26such violation of chapter 152 or a similar law of another state; or a person who is or has
9.27ever been committed by a judicial determination for treatment for the habitual use of a
9.28controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the
9.29person's ability to possess a firearm has been restored under subdivision 4;
9.30(5) a person who has been committed to a treatment facility in Minnesota or
9.31elsewhere by a judicial determination that the person is chemically dependent as defined
9.32in section 253B.02, unless the person has completed treatment or the person's ability to
9.33possess a firearm has been restored under subdivision 4 6. Property rights may not be
9.34abated but access may be restricted by the courts;
9.35(6) a peace officer who is informally admitted to a treatment facility pursuant to
9.36section 253B.04 for chemical dependency, unless the officer possesses a certificate from
10.1the head of the treatment facility discharging or provisionally discharging the officer from
10.2the treatment facility. Property rights may not be abated but access may be restricted
10.3by the courts;
10.4(7) a person, including a person under the jurisdiction of the juvenile court, who
10.5has been charged with committing a crime of violence and has been placed in a pretrial
10.6diversion program by the court before disposition, until the person has completed the
10.7diversion program and the charge of committing the crime of violence has been dismissed;
10.8(8) except as otherwise provided in clause (9), a person who has been convicted in
10.9another state of committing an offense similar to the offense described in section 609.224,
10.10subdivision 3
, against a family or household member or section 609.2242, subdivision
10.113
, unless three years have elapsed since the date of conviction and, during that time, the
10.12person has not been convicted of any other violation of section 609.224, subdivision 3, or
10.13609.2242, subdivision 3 , or a similar law of another state;
10.14(9) a person who has been convicted in this state or elsewhere of assaulting a family
10.15or household member and who was found by the court to have used a firearm in any way
10.16during commission of the assault is prohibited from possessing any type of firearm for the
10.17period determined by the sentencing court;
10.18(10) a person who: is disqualified from possessing a firearm under United States
10.19Code, title 18, section 922(g); or
10.20(i) has been convicted in any court of a crime punishable by imprisonment for a
10.21term exceeding one year;
10.22(ii) is a fugitive from justice as a result of having fled from any state to avoid
10.23prosecution for a crime or to avoid giving testimony in any criminal proceeding;
10.24(iii) is an unlawful user of any controlled substance as defined in chapter 152;
10.25(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
10.26as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
10.27the public, as defined in section 253B.02;
10.28(v) is an alien who is illegally or unlawfully in the United States;
10.29(vi) has been discharged from the armed forces of the United States under
10.30dishonorable conditions; or
10.31(vii) has renounced the person's citizenship having been a citizen of the United
10.32States; or
10.33(11) a person who has been convicted of the following offenses at the gross
10.34misdemeanor level, unless three years have elapsed since the date of conviction and, during
10.35that time, the person has not been convicted of any other violation of these sections: section
10.36609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults
11.1motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a
11.2child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring
11.3gun); 609.71 (riot); or 609.749 (stalking). For purposes of this paragraph, the specified
11.4gross misdemeanor convictions include crimes committed in other states or jurisdictions
11.5which would have been gross misdemeanors if conviction occurred in this state.
11.6A person who issues a certificate pursuant to this section in good faith is not liable
11.7for damages resulting or arising from the actions or misconduct with a firearm committed
11.8by the individual who is the subject of the certificate.
11.9The prohibition in this subdivision relating to the possession of firearms other than
11.10pistols and semiautomatic military-style assault weapons does not apply retroactively
11.11to persons who are prohibited from possessing a pistol or semiautomatic military-style
11.12assault weapon under this subdivision before August 1, 1994.
11.13The lifetime prohibition on possessing, receiving, shipping, or transporting firearms
11.14for persons convicted or adjudicated delinquent of a crime of violence in clause (2),
11.15applies only to offenders who are discharged from sentence or court supervision for a
11.16crime of violence on or after August 1, 1993.
11.17For purposes of this section, "judicial determination" means a court proceeding
11.18pursuant to sections 253B.07 to 253B.09 or a comparable law from another state.
11.19EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
11.20committed on or after that date.

11.21    Sec. 15. Minnesota Statutes 2012, section 624.713, subdivision 2, is amended to read:
11.22    Subd. 2. Penalties; mandatory sentences. (a) A person named in subdivision
11.231, clause (1), who possesses a pistol or semiautomatic military-style assault weapon is
11.24guilty of a felony and may be sentenced to imprisonment for not more than five years or
11.25to payment of a fine of not more than $10,000, or both.
11.26(b) A person named in subdivision 1, clause (2), who possesses any type of firearm
11.27is guilty of a felony and may be sentenced to imprisonment for not more than 15 years
11.28or to payment of a fine of not more than $30,000, or both. Unless a longer mandatory
11.29minimum sentence is otherwise required by law or the sentencing guidelines provide for
11.30a longer presumptive executed sentence, a person convicted of violating paragraph (a)
11.31shall be committed to the commissioner of corrections for:
11.32(1) 60 months; or
11.33(2) 120 months if the person has a prior conviction under this paragraph, section
11.34609.165, or a comparable law of another state or the United States.
12.1Sentencing a person in a manner other than that described in this paragraph is a departure
12.2from the sentencing guidelines. This paragraph does not apply to any person who has
12.3received a relief of disability under United States Code, title 18, section 925, or whose
12.4ability to possess firearms has been restored under section 609.165, subdivision 1d.
12.5(c) A person named in any other clause of subdivision 1 who possesses any type of
12.6firearm is guilty of a gross misdemeanor.
12.7EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
12.8committed on or after that date.

12.9    Sec. 16. Minnesota Statutes 2012, section 624.713, is amended by adding a subdivision
12.10to read:
12.11    Subd. 3a. Prompt reporting of disqualifying mental health data. When a court
12.12orders a commitment under chapter 253B or makes a finding or adjudication by which a
12.13person becomes subject to the provisions of section 624.713, subdivision 1, clause (3), or
12.14United States Code, title 18, sections 922(d)(4) and 922(g)(4), the court administrator shall
12.15electronically enter the nature of the court's action and only the information necessary to
12.16identify the person into the National Instant Criminal Background Check System database.
12.17The court shall also notify the person of the prohibitions of section 624.713, subdivision 1,
12.18clause (3), and United States Code, title 18, sections 922(d)(4) and 922(g)(4).
12.19EFFECTIVE DATE.This section is effective August 1, 2013.

12.20    Sec. 17. Minnesota Statutes 2012, section 624.713, is amended by adding a subdivision
12.21to read:
12.22    Subd. 5. Provision of firearms background check information. (a) When a
12.23court places a person, including a person under the jurisdiction of the juvenile court, who
12.24is charged with committing a crime of violence into a pretrial diversion program before
12.25disposition, the court must ensure that information regarding the person's placement in
12.26that program and the ordered expiration date of that placement is transmitted as soon as
12.27practicable to the National Instant Criminal Background Check System. When a person
12.28successfully completes or discontinues the program, the prosecuting attorney must also
12.29report that fact within 24 hours of receipt to the National Instant Criminal Background
12.30Check System.
12.31(b) The court must report the conviction and duration of the firearms disqualification
12.32imposed as soon as practicable to the National Instant Criminal Background Check
13.1System when a person is convicted of a gross misdemeanor that disqualifies the person
13.2from possessing firearms under the following sections:
13.3(1) 518B.01, subdivision 14;
13.4(2) 609.224, subdivision 3;
13.5(3) 609.2242, subdivision 3;
13.6(4) 609.749, subdivision 8;
13.7(5) 624.713, subdivision 1, clause (11); or
13.8(6) 629.715, subdivision 2.
13.9(c) If the court reports a firearms disqualification based on a charge of violating an
13.10offense listed in paragraph (b), the court must provide notice of the disposition of the
13.11charge to the National Instant Criminal Background Check System as soon as practicable.
13.12EFFECTIVE DATE.This section is effective August 1, 2013.

13.13    Sec. 18. Minnesota Statutes 2012, section 624.713, is amended by adding a subdivision
13.14to read:
13.15    Subd. 6. Restoration of firearms eligibility to civilly committed person; petition
13.16authorized. (a) A person who is subject to the disabilities in section 624.713, subdivision
13.171, clauses (3) and (5), or United States Code, title 18, section 922(d)(4) or 922(g)(4),
13.18because of an adjudication or commitment that occurred under the laws of this state
13.19may petition the court in which the adjudication or commitment proceedings occurred
13.20or a district court of competent jurisdiction to remove all the disabilities. A copy of the
13.21petition for relief shall be served upon the county attorney's office of the jurisdiction in
13.22which the petition is filed. The office may, as it deems appropriate, represent the interests
13.23of the state in the restoration proceedings.
13.24(b) The court shall receive and consider evidence in a closed proceeding, including
13.25evidence offered by the petitioner, concerning:
13.26(1) the circumstances regarding the firearm disabilities from which relief is sought;
13.27(2) the petitioner's mental health and criminal history records, if any;
13.28(3) the petitioner's reputation, developed at a minimum through character witness
13.29statements, testimony, or other character evidence; and
13.30(4) changes in the petitioner's condition or circumstances since the original
13.31adjudication or commitment relevant to the relief sought.
13.32The court shall grant the petition for relief if it finds by a preponderance of the evidence
13.33that the petitioner will not be likely to act in a manner dangerous to public safety and that
13.34the granting of the relief would not be contrary to the public interest. A record shall be
14.1kept of the proceedings, but it shall remain confidential and be disclosed only to a court
14.2in the event of an appeal. The petitioner may appeal a denial of the requested relief, and
14.3review on appeal shall be de novo.
14.4    (c) The court administrator shall promptly electronically transmit information of
14.5the order granting relief to the person under this section to the National Instant Criminal
14.6Background Check System or to any official issuing a permit under section 624.7131,
14.7624.7132, or 624.714 and notify the United States Attorney General that the basis for the
14.8person's record of firearm disabilities being made available no longer applies.
14.9EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
14.10committed on or after that date.

14.11    Sec. 19. Minnesota Statutes 2012, section 624.7141, subdivision 2, is amended to read:
14.12    Subd. 2. Felony. A violation of this section is a felony:
14.13(1) if the transferee possesses or uses the weapon within one year after the transfer in
14.14furtherance of a felony crime of violence; or
14.15(2) if the transferor knows the transferee intends to use the weapon in the furtherance
14.16of a felony crime of violence.
14.17EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
14.18committed on or after that date.

14.19    Sec. 20. Minnesota Statutes 2012, section 624.7141, subdivision 3, is amended to read:
14.20    Subd. 3. Subsequent eligibility. This section Subdivision 2, clause (1), is not
14.21applicable to a transfer to a person who became eligible to possess a pistol or semiautomatic
14.22military-style assault weapon under section 624.713 after the transfer occurred but before
14.23the transferee used or possessed the weapon in furtherance of any crime.
14.24EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
14.25committed on or after that date.

14.26    Sec. 21. [624.7163] CRIMES AGAINST LICENSED FIREARMS DEALERS.
14.27    Subdivision 1. Definitions. (a) For purposes of this section, the following terms
14.28have the meanings given.
14.29(b) "Ammunition" means ammunition or cartridge cases, primers, bullets, or
14.30propellant powder designed for use in a firearm other than an antique firearm. Ammunition
14.31shall not include (1) any shotgun shot or pellet not designed for use as the single, complete
15.1projectile load for one shotgun hull or casing, or (2) any unloaded, nonmetallic shotgun
15.2hull or casing not having a primer.
15.3(c) "False information" means material information that portrays an illegal
15.4transaction as legal or a legal transaction as illegal.
15.5(d) "Licensed dealer" means a person who is licensed pursuant to United States
15.6Code, title 18, section 923, to engage in the business of dealing in firearms.
15.7(e) "Private seller" means a person who sells or offers for sale ammunition or any
15.8firearm, as that term is defined in section 609.669, subdivision 2, clause (2).
15.9    Subd. 2. Crime. (a) Whoever does any of the following is guilty of a felony:
15.10(1) knowingly solicits, persuades, encourages, or entices a licensed dealer or private
15.11seller of firearms or ammunition to transfer a firearm or ammunition under circumstances
15.12that the person knows would violate the laws of this state or the United States; or
15.13(2) provides to a licensed dealer or private seller of firearms or ammunition what the
15.14person knows to be false information with intent to deceive the dealer or seller about the
15.15legality of a transfer of a firearm or ammunition.
15.16(b) Any person who willfully procures another person to engage in conduct
15.17prohibited by this section shall be held accountable as a principal.
15.18    Subd. 3. Exception. This section does not apply to a law enforcement officer
15.19acting in the officer's official capacity or to a person acting at the direction of the law
15.20enforcement officer.
15.21EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
15.22committed on or after that date.

15.23    Sec. 22. PRIOR CIVIL COMMITMENTS AND FELONY CONVICTIONS.
15.24(a) By September 1, 2013, a civil commitment court shall electronically enter
15.25information to the National Instant Criminal Background Check System information on
15.26all persons civilly committed during the years 2008 to 2012 that has not already been
15.27entered in the system.
15.28(b) By September 1, 2013, a criminal justice agency shall electronically enter into a
15.29Bureau of Criminal Apprehension-managed or federal database information on all persons
15.30convicted of a felony during the years 2008 to 2012 that has not already been entered in a
15.31searchable database. The bureau shall convert into an electronic format and enter into the
15.32appropriate searchable database, within 72 hours of receipt of the data, all data received
15.33from the criminal justice agency that is not entered by that agency into a bureau-managed
15.34or federal searchable database. For the purposes of this paragraph, "criminal justice
15.35agency" has the meaning given under Minnesota Statutes, section 299C.46, subdivision 2.
16.1(c) The governor or commissioner of public safety may extend the time for entering
16.2information of prior civil commitments and felony convictions under paragraphs (a) and
16.3(b) for a period not to exceed 60 days for good cause shown.

16.4    Sec. 23. CRIMINAL AND JUVENILE JUSTICE INFORMATION POLICY
16.5GROUP.
16.6The Criminal and Juvenile Justice Information Policy Group shall report to the chairs
16.7and ranking minority members of the house of representatives and senate committees
16.8having jurisdiction over criminal justice policy and funding by January 1, 2014, on the
16.9search capabilities of the Bureau of Criminal Apprehension-managed databases and
16.10recommend how the search capabilities of the databases may be improved with, among
16.11other proposals, an increase in the number of identification data for each person included
16.12in the databases. The group shall also report on the progress made on reducing the number
16.13of bureau suspense files and recommendations to facilitate the reduction of these files. The
16.14group, in consultation with the revisor of statutes, shall review existing law relating to the
16.15timely transmittal and entry of data and propose legislation for the 2014 legislative session
16.16that clarifies, conforms, implements, and resolves any conflicts with this act.

16.17    Sec. 24. REPEALER.
16.18Minnesota Statutes 2012, section 624.713, subdivision 4, is repealed.
16.19EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
16.20committed on or after that date.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569