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

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

Section 1.

Minnesota Statutes 2012, section 241.301, is amended to read:


241.301 FINGERPRINTS OF INMATES, PAROLEES, AND PROBATIONERS
FROM OTHER STATES.

The commissioner of corrections shall establish procedures so that whenever this
state receives an inmate, parolee, or probationer from another state under sections 241.28
to 241.30 or 243.1605, fingerprints and thumbprints of the inmate, parolee, or probationer
are obtained and forwarded to the Bureau of Criminal Apprehension. by electronic entry
into a Bureau of Criminal Apprehension-managed or federal searchable database within
24 hours of receipt. The bureau shall convert the fingerprints and thumbprints into an
electronic format for entry into the appropriate searchable database within 72 hours of
receipt if the data is not entered by the commissioner.

Sec. 2.

Minnesota Statutes 2012, section 245.041, is amended to read:


245.041 PROVISION OF FIREARMS AND EXPLOSIVES BACKGROUND
CHECK INFORMATION.

Notwithstanding section 253B.23, subdivision 9, the commissioner of human
services shall provide commitment information to local law enforcement agencies on an
individual request basis by means of electronic data transfer from the Department of
Human Services through the Minnesota Crime Information System and the National
Instant Criminal Background Check System
for the sole purpose of facilitating a firearms
background check under section 624.7131, 624.7132, or 624.714, or an explosives
background check under section 299F.73, 299F.74, 299F.75, 299F.77, or 299F.785. The
information to be provided is limited to whether the person has been committed under
chapter 253B and, if so, the type of commitment. No later than August 1, 2013, the
commissioner must make available in electronic data format the commitment information
required by this section for commitments occurring since August 1, 1994.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 3.

Minnesota Statutes 2012, section 253B.24, is amended to read:


253B.24 TRANSMITTAL OF DATA TO NATIONAL INSTANT CRIMINAL
BACKGROUND CHECK SYSTEM.

When a court:

(1) commits a person under this chapter as being mentally ill, developmentally
disabled, mentally ill and dangerous, or chemically dependent;

(2) determines in a criminal case that a person is incompetent to stand trial or not
guilty by reason of mental illness; or

(3) restores a person's ability to possess a firearm under section 609.165, subdivision
1d
, or 624.713, subdivision 4,

the court shall ensure that this information is electronically transmitted as soon as
practicable
within 24 hours to the National Instant Criminal Background Check System.

Sec. 4.

[299C.089] INFORMATION RECEIVED BY BUREAU.

Within 72 hours of receipt of data, the bureau shall convert into an electronic format
for entry into the appropriate searchable database all data received from a criminal justice
agency that is not electronically entered by that agency into a bureau-managed or federal
searchable database. For the purposes of this section, "criminal justice agency" has the
meaning given under section 299C.46, subdivision 2.

Sec. 5.

Minnesota Statutes 2012, section 299C.10, subdivision 1, is amended to read:


Subdivision 1.

Required fingerprinting.

(a) Sheriffs, peace officers, and
community corrections agencies operating secure juvenile detention facilities shall take
or cause to be taken immediately finger and thumb prints, photographs, distinctive
physical mark identification data, information on any known aliases or street names, and
other identification data requested or required by the superintendent of the bureau, of
the following:

(1) persons arrested for, appearing in court on a charge of, or convicted of a felony,
gross misdemeanor, or targeted misdemeanor;

(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent
for, or alleged to have committed felonies or gross misdemeanors as distinguished from
those committed by adult offenders;

(3) adults and juveniles admitted to jails or detention facilities;

(4) persons reasonably believed by the arresting officer to be fugitives from justice;

(5) persons in whose possession, when arrested, are found concealed firearms or
other dangerous weapons, burglar tools or outfits, high-power explosives, or articles,
machines, or appliances usable for an unlawful purpose and reasonably believed by the
arresting officer to be intended for such purposes;

(6) juveniles referred by a law enforcement agency to a diversion program for a
felony or gross misdemeanor offense; and

(7) persons currently involved in the criminal justice process, on probation, on
parole, or in custody for any offense whom the superintendent of the bureau identifies as
being the subject of a court disposition record which cannot be linked to an arrest record,
and whose fingerprints are necessary to reduce the number of suspense files, or to comply
with the mandates of section 299C.111, relating to the reduction of the number of suspense
files. This duty to obtain fingerprints for the offenses in suspense at the request of the
bureau shall include the requirement that fingerprints be taken in post-arrest interviews,
while making court appearances, while in custody, or while on any form of probation,
diversion, or supervised release.

(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours
of taking the fingerprints and data, the fingerprint records and other identification data
specified under paragraph (a) must be forwarded to the bureau on such forms and in such
electronically entered into a bureau-managed or federal searchable database in a manner
as may be prescribed by the superintendent.

(c) Prosecutors, courts, and probation officers and their agents, employees, and
subordinates shall attempt to ensure that the required identification data is taken on a
person described in paragraph (a). Law enforcement may take fingerprints of an individual
who is presently on probation.

(d) Finger and thumb prints must be obtained no later than:

(1) release from booking; or

(2) if not booked prior to acceptance of a plea of guilty or not guilty.

Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb
prints must be submitted to the Bureau of Criminal Apprehension for the offense. If finger
and thumb prints have not been successfully received by the bureau, an individual may,
upon order of the court, be taken into custody for no more than eight hours so that the
taking of prints can be completed. Upon notice and motion of the prosecuting attorney,
this time period may be extended upon a showing that additional time in custody is
essential for the successful taking of prints.

(e) For purposes of this section, a targeted misdemeanor is a misdemeanor violation
of section 169A.20 (driving while impaired), 518B.01 (order for protection violation),
609.224 (fifth-degree assault), 609.2242 (domestic assault), 609.746 (interference with
privacy), 609.748 (harassment or restraining order violation), 617.23 (indecent exposure),
or 629.75 (domestic abuse no contact order).

Sec. 6.

Minnesota Statutes 2012, section 299C.10, subdivision 3, is amended to read:


Subd. 3.

Bureau duty.

The bureau must enter convert into an electronic format for
entry
in the criminal records system finger and thumb prints fingerprints, thumbprints,
and other identification data
within five working days 72 hours after they are received
under this section if the fingerprints, thumbprints, and other identification data were not
electronically entered by a criminal justice agency
.

Sec. 7.

Minnesota Statutes 2012, section 299C.11, subdivision 1, is amended to read:


Subdivision 1.

Identification data other than DNA.

(a) Each sheriff and chief of
police shall furnish the bureau, upon such form as the superintendent shall prescribe, with
such finger and thumb prints, photographs, distinctive physical mark identification data,
information on known aliases and street names, and other identification data as may be
requested or required by the superintendent of the bureau, which must be taken under the
provisions of section 299C.10. In addition, sheriffs and chiefs of police shall furnish this
identification data to the bureau for individuals found to have been convicted of a felony,
gross misdemeanor, or targeted misdemeanor, within the ten years immediately preceding
their arrest. When the bureau learns that an individual who is the subject of a background
check has used, or is using, identifying information, including, but not limited to, name
and date of birth, other than those listed on the criminal history, the bureau may add
shall convert into an electronic format, if necessary, and enter into a bureau-managed or
federal searchable database
the new identifying information to the criminal history when
supported by fingerprints within 72 hours of learning the information if the information is
not entered by a law enforcement agency
.

(b) No petition under chapter 609A is required if the person has not been convicted
of any felony or gross misdemeanor, either within or without the state, within the period
of ten years immediately preceding the determination of all pending criminal actions or
proceedings in favor of the arrested person, and either of the following occurred:

(1) all charges were dismissed prior to a determination of probable cause; or

(2) the prosecuting authority declined to file any charges and a grand jury did not
return an indictment.

Where these conditions are met, the bureau or agency shall, upon demand, return to
the arrested person finger and thumb prints, photographs, distinctive physical mark
identification data, information on known aliases and street names, and other identification
data, and all copies and duplicates of them.

(c) Except as otherwise provided in paragraph (b), upon the determination of all
pending criminal actions or proceedings in favor of the arrested person, and the granting
of the petition of the arrested person under chapter 609A, the bureau shall seal finger and
thumb prints, photographs, distinctive physical mark identification data, information on
known aliases and street names, and other identification data, and all copies and duplicates
of them if the arrested person has not been convicted of any felony or gross misdemeanor,
either within or without the state, within the period of ten years immediately preceding
such determination.

Sec. 8.

Minnesota Statutes 2012, section 299C.14, is amended to read:


299C.14 INFORMATION ON RELEASED PRISONER.

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

Sec. 9.

Minnesota Statutes 2012, section 299C.17, is amended to read:


299C.17 REPORT BY COURT ADMINISTRATOR.

The superintendent shall have power to require the court administrator of any county
of every court which sentences a defendant for a felony or gross misdemeanor to file with
the department, at such time as the superintendent may designate,
electronically transmit
within 24 hours of the disposition of the case
a report, upon such in a form as prescribed by
the superintendent may prescribe, furnishing such providing information as the required by
the
superintendent may require with regard to the prosecution and disposition of criminal
cases. A copy of the report shall be kept on file in the office of the court administrator.

Sec. 10.

Minnesota Statutes 2012, section 609.165, subdivision 1b, is amended to read:


Subd. 1b.

Violent felons in possession; violation and penalty; mandatory
sentences
.

(a) Any person who has been convicted of a crime of violence, as defined in
section 624.712, subdivision 5, and who ships, transports, possesses, or receives a firearm,
commits a felony and may be sentenced to imprisonment for not more than 15 years or
to payment of a fine of not more than $30,000, or both.

(b) A conviction and sentencing under this section shall be construed to bar a
conviction and sentencing for a violation of section 624.713, subdivision 2.

(c) The criminal penalty in paragraph (a) does not apply to any person who has
received a relief of disability under United States Code, title 18, section 925, or whose
ability to possess firearms has been restored under subdivision 1d.

(d) Unless a longer mandatory minimum sentence is otherwise required by law
or the sentencing guidelines provide for a longer presumptive executed sentence, a
person convicted of violating paragraph (a) shall be committed to the commissioner of
corrections for:

(1) 60 months; or

(2) 120 months if the person has a prior conviction under this section, section 624.713,
subdivision 2, paragraph (b), or a comparable law of another state or the United States.

Sentencing a person in a manner other than that described in this paragraph is a departure
from the sentencing guidelines.

EFFECTIVE DATE.

This section is effective August 1, 2013, and applies to crimes
committed on or after that date.

Sec. 11.

Minnesota Statutes 2012, section 609.505, is amended by adding a subdivision
to read:


Subd. 3.

Lost or stolen firearms; false reporting.

(a) Whoever files a written
report with a law enforcement officer that a firearm has been lost or stolen, knowing that
the report is false, is guilty of a gross misdemeanor.

(b) A person is guilty of a felony and may be sentenced to imprisonment for not more
than five years, or to payment of a fine of not more than $10,000, or both, if the person:

(1) is convicted a second or subsequent time of violating this subdivision; or

(2) violates paragraph (a) while knowing that the firearm has been transferred to
someone who intends to use it in furtherance of a felony crime of violence, as defined in
section 624.712, subdivision 5.

EFFECTIVE DATE.

This section is effective August 1, 2013, and applies to crimes
committed on or after that date.

Sec. 12.

Minnesota Statutes 2012, section 624.712, subdivision 5, is amended to read:


Subd. 5.

Crime of violence.

"Crime of violence" means: felony convictions of
the following offenses: sections 609.185 (murder in the first degree); 609.19 (murder
in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in
the first degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide
and aiding attempted suicide); 609.221 (assault in the first degree); 609.222 (assault
in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the
fourth degree); 609.224, subdivision 4 (felony assault in the fifth degree); 609.2242,
subdivision 4 (felony domestic assault); 609.2247 (domestic assault by strangulation);
609.229 (crimes committed for the benefit of a gang); 609.235 (use of drugs to injure
or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25
(kidnapping); 609.255 (false imprisonment); 609.322 (solicitation, inducement, and
promotion of prostitution; sex trafficking); 609.342 (criminal sexual conduct in the first
degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual
conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree);
609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);
609.486 (commission of crime while wearing or possessing a bullet-resistant vest);
609.505, subdivision 3, paragraph (b) (falsely reporting lost or stolen firearms); 609.52
(involving theft of a firearm, theft involving the intentional taking or driving of a motor
vehicle without the consent of the owner or authorized agent of the owner, theft involving
the taking of property from a burning, abandoned, or vacant building, or from an area of
destruction caused by civil disaster, riot, bombing, or the proximity of battle, and theft
involving the theft of a controlled substance, an explosive, or an incendiary device);
609.561 (arson in the first degree); 609.562 (arson in the second degree); 609.582,
subdivision 1
, 2, or 3 (burglary in the first through third degrees); 609.66, subdivision 1e
(drive-by shooting); 609.67 (unlawfully owning, possessing, operating a machine gun or
short-barreled shotgun); 609.71 (riot); 609.713 (terroristic threats); 609.749 (stalking);
609.855, subdivision 5 (shooting at a public transit vehicle or facility); 624.7141,
subdivision 2 (transferring firearm to an ineligible person); and a second or subsequent
conviction, adjudication of delinquency, or conviction as an extended jurisdiction juvenile
for violating section 624.713, subdivision 1, clause (1) (certain persons not to possess
firearms, ineligible persons, juveniles);
and chapter 152 (drugs, controlled substances);
and an attempt to commit any of these offenses.

EFFECTIVE DATE.

This section is effective August 1, 2013, and applies to crimes
committed on or after that date.

Sec. 13.

Minnesota Statutes 2012, section 624.712, is amended by adding a subdivision
to read:


Subd. 12.

Ammunition.

"Ammunition" means ammunition or cartridge cases,
primers, bullets, or propellent powder designed for use in any firearm other than an antique
firearm. Ammunition shall not include (1) any shotgun shot or pellet not designed for use
as the single, complete projectile load for one shotgun hull or casing, or (2) any unloaded,
nonmetallic shotgun hull or casing not having a primer.

EFFECTIVE DATE.

This section is effective August 1, 2013, and applies to crimes
committed on or after that date.

Sec. 14.

Minnesota Statutes 2012, section 624.713, subdivision 1, is amended to read:


Subdivision 1.

Ineligible persons.

The following persons shall not be entitled to
possess ammunition or a pistol or semiautomatic military-style assault weapon or, except
for clause (1), any other firearm:

(1) a person under the age of 18 years except that a person under 18 may possess
ammunition designed for use in a firearm that the person may lawfully possess and
may
carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual
presence or under the direct supervision of the person's parent or guardian, (ii) for the
purpose of military drill under the auspices of a legally recognized military organization
and under competent supervision, (iii) for the purpose of instruction, competition, or target
practice on a firing range approved by the chief of police or county sheriff in whose
jurisdiction the range is located and under direct supervision; or (iv) if the person has
successfully completed a course designed to teach marksmanship and safety with a pistol
or semiautomatic military-style assault weapon and approved by the commissioner of
natural resources;

(2) except as otherwise provided in clause (9), a person who has been convicted of,
or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing,
in this state or elsewhere, a crime of violence. For purposes of this section, crime of
violence includes crimes in other states or jurisdictions which would have been crimes of
violence as herein defined if they had been committed in this state;

(3) a person who is or has ever been ordered committed in Minnesota or elsewhere
by a judicial determination that the person is mentally ill, developmentally disabled, or
mentally ill and dangerous to the public, as defined in section 253B.02, to a treatment
facility, whether or not the order was stayed, or who has ever been found incompetent to
stand trial or not guilty by reason of mental illness, unless the person's ability to possess a
firearm has been restored under subdivision 4 6;

(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
gross misdemeanor violation of chapter 152, unless three years have elapsed since the
date of conviction and, during that time, the person has not been convicted of any other
such violation of chapter 152 or a similar law of another state; or a person who is or has
ever been committed by a judicial determination for treatment for the habitual use of a
controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the
person's ability to possess a firearm has been restored under subdivision 4;

(5) a person who has been committed to a treatment facility in Minnesota or
elsewhere by a judicial determination that the person is chemically dependent as defined
in section 253B.02, unless the person has completed treatment or the person's ability to
possess a firearm has been restored under subdivision 4 6. Property rights may not be
abated but access may be restricted by the courts;

(6) a peace officer who is informally admitted to a treatment facility pursuant to
section 253B.04 for chemical dependency, unless the officer possesses a certificate from
the head of the treatment facility discharging or provisionally discharging the officer from
the treatment facility. Property rights may not be abated but access may be restricted
by the courts;

(7) a person, including a person under the jurisdiction of the juvenile court, who
has been charged with committing a crime of violence and has been placed in a pretrial
diversion program by the court before disposition, until the person has completed the
diversion program and the charge of committing the crime of violence has been dismissed;

(8) except as otherwise provided in clause (9), a person who has been convicted in
another state of committing an offense similar to the offense described in section 609.224,
subdivision 3
, against a family or household member or section 609.2242, subdivision
3
, unless three years have elapsed since the date of conviction and, during that time, the
person has not been convicted of any other violation of section 609.224, subdivision 3, or
609.2242, subdivision 3, or a similar law of another state;

(9) a person who has been convicted in this state or elsewhere of assaulting a family
or household member and who was found by the court to have used a firearm in any way
during commission of the assault is prohibited from possessing any type of firearm for the
period determined by the sentencing court;

(10) a person who: is disqualified from possessing a firearm under United States
Code, title 18, section 922(g); or

(i) has been convicted in any court of a crime punishable by imprisonment for a
term exceeding one year;

(ii) is a fugitive from justice as a result of having fled from any state to avoid
prosecution for a crime or to avoid giving testimony in any criminal proceeding;

(iii) is an unlawful user of any controlled substance as defined in chapter 152;

(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
the public, as defined in section 253B.02;

(v) is an alien who is illegally or unlawfully in the United States;

(vi) has been discharged from the armed forces of the United States under
dishonorable conditions; or

(vii) has renounced the person's citizenship having been a citizen of the United
States; or

(11) a person who has been convicted of the following offenses at the gross
misdemeanor level, unless three years have elapsed since the date of conviction and, during
that time, the person has not been convicted of any other violation of these sections: section
609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults
motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a
child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring
gun); 609.71 (riot); or 609.749 (stalking). For purposes of this paragraph, the specified
gross misdemeanor convictions include crimes committed in other states or jurisdictions
which would have been gross misdemeanors if conviction occurred in this state.

A person who issues a certificate pursuant to this section in good faith is not liable
for damages resulting or arising from the actions or misconduct with a firearm committed
by the individual who is the subject of the certificate.

The prohibition in this subdivision relating to the possession of firearms other than
pistols and semiautomatic military-style assault weapons does not apply retroactively
to persons who are prohibited from possessing a pistol or semiautomatic military-style
assault weapon under this subdivision before August 1, 1994.

The lifetime prohibition on possessing, receiving, shipping, or transporting firearms
for persons convicted or adjudicated delinquent of a crime of violence in clause (2),
applies only to offenders who are discharged from sentence or court supervision for a
crime of violence on or after August 1, 1993.

For purposes of this section, "judicial determination" means a court proceeding
pursuant to sections 253B.07 to 253B.09 or a comparable law from another state.

EFFECTIVE DATE.

This section is effective August 1, 2013, and applies to crimes
committed on or after that date.

Sec. 15.

Minnesota Statutes 2012, section 624.713, subdivision 2, is amended to read:


Subd. 2.

Penalties; mandatory sentences.

(a) A person named in subdivision
1, clause (1), who possesses a pistol or semiautomatic military-style assault weapon is
guilty of a felony and may be sentenced to imprisonment for not more than five years or
to payment of a fine of not more than $10,000, or both.

(b) A person named in subdivision 1, clause (2), who possesses any type of firearm
is guilty of a felony and may be sentenced to imprisonment for not more than 15 years
or to payment of a fine of not more than $30,000, or both. Unless a longer mandatory
minimum sentence is otherwise required by law or the sentencing guidelines provide for
a longer presumptive executed sentence, a person convicted of violating paragraph (a)
shall be committed to the commissioner of corrections for:

(1) 60 months; or

(2) 120 months if the person has a prior conviction under this paragraph, section
609.165, or a comparable law of another state or the United States.

Sentencing a person in a manner other than that described in this paragraph is a departure
from the sentencing guidelines.
This paragraph does not apply to any person who has
received a relief of disability under United States Code, title 18, section 925, or whose
ability to possess firearms has been restored under section 609.165, subdivision 1d.

(c) A person named in any other clause of subdivision 1 who possesses any type of
firearm is guilty of a gross misdemeanor.

EFFECTIVE DATE.

This section is effective August 1, 2013, and applies to crimes
committed on or after that date.

Sec. 16.

Minnesota Statutes 2012, section 624.713, is amended by adding a subdivision
to read:


Subd. 3a.

Prompt reporting of disqualifying mental health data.

When a court
orders a commitment under chapter 253B or makes a finding or adjudication by which a
person becomes subject to the provisions of section 624.713, subdivision 1, clause (3), or
United States Code, title 18, sections 922(d)(4) and 922(g)(4), the court administrator shall
electronically enter the nature of the court's action and only the information necessary to
identify the person into the National Instant Criminal Background Check System database.
The court shall also notify the person of the prohibitions of section 624.713, subdivision 1,
clause (3), and United States Code, title 18, sections 922(d)(4) and 922(g)(4).

EFFECTIVE DATE.

This section is effective August 1, 2013.

Sec. 17.

Minnesota Statutes 2012, section 624.713, is amended by adding a subdivision
to read:


Subd. 5.

Provision of firearms background check information.

(a) When a
court places a person, including a person under the jurisdiction of the juvenile court, who
is charged with committing a crime of violence into a pretrial diversion program before
disposition, the court must ensure that information regarding the person's placement in
that program and the ordered expiration date of that placement is transmitted as soon as
practicable to the National Instant Criminal Background Check System. When a person
successfully completes or discontinues the program, the prosecuting attorney must also
report that fact within 24 hours of receipt to the National Instant Criminal Background
Check System.

(b) The court must report the conviction and duration of the firearms disqualification
imposed as soon as practicable to the National Instant Criminal Background Check
System when a person is convicted of a gross misdemeanor that disqualifies the person
from possessing firearms under the following sections:

(1) 518B.01, subdivision 14;

(2) 609.224, subdivision 3;

(3) 609.2242, subdivision 3;

(4) 609.749, subdivision 8;

(5) 624.713, subdivision 1, clause (11); or

(6) 629.715, subdivision 2.

(c) If the court reports a firearms disqualification based on a charge of violating an
offense listed in paragraph (b), the court must provide notice of the disposition of the
charge to the National Instant Criminal Background Check System as soon as practicable.

EFFECTIVE DATE.

This section is effective August 1, 2013.

Sec. 18.

Minnesota Statutes 2012, section 624.713, is amended by adding a subdivision
to read:


Subd. 6.

Restoration of firearms eligibility to civilly committed person; petition
authorized.

(a) A person who is subject to the disabilities in section 624.713, subdivision
1, clauses (3) and (5), or United States Code, title 18, section 922(d)(4) or 922(g)(4),
because of an adjudication or commitment that occurred under the laws of this state
may petition the court in which the adjudication or commitment proceedings occurred
or a district court of competent jurisdiction to remove all the disabilities. A copy of the
petition for relief shall be served upon the county attorney's office of the jurisdiction in
which the petition is filed. The office may, as it deems appropriate, represent the interests
of the state in the restoration proceedings.

(b) The court shall receive and consider evidence in a closed proceeding, including
evidence offered by the petitioner, concerning:

(1) the circumstances regarding the firearm disabilities from which relief is sought;

(2) the petitioner's mental health and criminal history records, if any;

(3) the petitioner's reputation, developed at a minimum through character witness
statements, testimony, or other character evidence; and

(4) changes in the petitioner's condition or circumstances since the original
adjudication or commitment relevant to the relief sought.

The court shall grant the petition for relief if it finds by a preponderance of the evidence
that the petitioner will not be likely to act in a manner dangerous to public safety and that
the granting of the relief would not be contrary to the public interest. A record shall be
kept of the proceedings, but it shall remain confidential and be disclosed only to a court
in the event of an appeal. The petitioner may appeal a denial of the requested relief, and
review on appeal shall be de novo.

(c) The court administrator shall promptly electronically transmit information of
the order granting relief to the person under this section to the National Instant Criminal
Background Check System or to any official issuing a permit under section 624.7131,
624.7132, or 624.714 and notify the United States Attorney General that the basis for the
person's record of firearm disabilities being made available no longer applies.

EFFECTIVE DATE.

This section is effective August 1, 2013, and applies to crimes
committed on or after that date.

Sec. 19.

Minnesota Statutes 2012, section 624.7141, subdivision 2, is amended to read:


Subd. 2.

Felony.

A violation of this section is a felony:

(1) if the transferee possesses or uses the weapon within one year after the transfer in
furtherance of a felony crime of violence; or

(2) if the transferor knows the transferee intends to use the weapon in the furtherance
of a felony crime of violence
.

EFFECTIVE DATE.

This section is effective August 1, 2013, and applies to crimes
committed on or after that date.

Sec. 20.

Minnesota Statutes 2012, section 624.7141, subdivision 3, is amended to read:


Subd. 3.

Subsequent eligibility.

This section Subdivision 2, clause (1), is not
applicable to a transfer to a person who became eligible to possess a pistol or semiautomatic
military-style assault weapon under section 624.713 after the transfer occurred but before
the transferee used or possessed the weapon in furtherance of any crime.

EFFECTIVE DATE.

This section is effective August 1, 2013, and applies to crimes
committed on or after that date.

Sec. 21.

[624.7163] CRIMES AGAINST LICENSED FIREARMS DEALERS.

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms
have the meanings given.

(b) "Ammunition" means ammunition or cartridge cases, primers, bullets, or
propellant powder designed for use in a firearm other than an antique firearm. Ammunition
shall not include (1) any shotgun shot or pellet not designed for use as the single, complete
projectile load for one shotgun hull or casing, or (2) any unloaded, nonmetallic shotgun
hull or casing not having a primer.

(c) "False information" means material information that portrays an illegal
transaction as legal or a legal transaction as illegal.

(d) "Licensed dealer" means a person who is licensed pursuant to United States
Code, title 18, section 923, to engage in the business of dealing in firearms.

(e) "Private seller" means a person who sells or offers for sale ammunition or any
firearm, as that term is defined in section 609.669, subdivision 2, clause (2).

Subd. 2.

Crime.

(a) Whoever does any of the following is guilty of a felony:

(1) knowingly solicits, persuades, encourages, or entices a licensed dealer or private
seller of firearms or ammunition to transfer a firearm or ammunition under circumstances
that the person knows would violate the laws of this state or the United States; or

(2) provides to a licensed dealer or private seller of firearms or ammunition what the
person knows to be false information with intent to deceive the dealer or seller about the
legality of a transfer of a firearm or ammunition.

(b) Any person who willfully procures another person to engage in conduct
prohibited by this section shall be held accountable as a principal.

Subd. 3.

Exception.

This section does not apply to a law enforcement officer
acting in the officer's official capacity or to a person acting at the direction of the law
enforcement officer.

EFFECTIVE DATE.

This section is effective August 1, 2013, and applies to crimes
committed on or after that date.

Sec. 22. PRIOR CIVIL COMMITMENTS AND FELONY CONVICTIONS.

(a) By September 1, 2013, a civil commitment court shall electronically enter
information to the National Instant Criminal Background Check System information on
all persons civilly committed during the years 2008 to 2012 that has not already been
entered in the system.

(b) By September 1, 2013, a criminal justice agency shall electronically enter into a
Bureau of Criminal Apprehension-managed or federal database information on all persons
convicted of a felony during the years 2008 to 2012 that has not already been entered in a
searchable database. The bureau shall convert into an electronic format and enter into the
appropriate searchable database, within 72 hours of receipt of the data, all data received
from the criminal justice agency that is not entered by that agency into a bureau-managed
or federal searchable database. For the purposes of this paragraph, "criminal justice
agency" has the meaning given under Minnesota Statutes, section 299C.46, subdivision 2.

(c) The governor or commissioner of public safety may extend the time for entering
information of prior civil commitments and felony convictions under paragraphs (a) and
(b) for a period not to exceed 60 days for good cause shown.

Sec. 23. CRIMINAL AND JUVENILE JUSTICE INFORMATION POLICY
GROUP.

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

Sec. 24. REPEALER.

Minnesota Statutes 2012, section 624.713, subdivision 4, is repealed.

EFFECTIVE DATE.

This section is effective August 1, 2013, and applies to crimes
committed on or after that date.

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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