SF 1444

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; placing requirements 
  1.3             related to trigger locks on the transfer of certain 
  1.4             pistols and semiautomatic military-style assault 
  1.5             weapons; imposing criminal penalties; amending 
  1.6             Minnesota Statutes 1998, sections 624.7131, 
  1.7             subdivision 1; 624.7132, subdivision 15, and by adding 
  1.8             a subdivision; and 624.7162, by adding a subdivision. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 624.7131, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [INFORMATION.] Any person may apply for a 
  1.13  transferee permit by providing the following information in 
  1.14  writing to the chief of police of an organized full time police 
  1.15  department of the municipality in which the person resides or to 
  1.16  the county sheriff if there is no such local chief of police: 
  1.17     (a) the name, residence, telephone number and driver's 
  1.18  license number or nonqualification certificate number, if any, 
  1.19  of the proposed transferee; 
  1.20     (b) the sex, date of birth, height, weight and color of 
  1.21  eyes, and distinguishing physical characteristics, if any, of 
  1.22  the proposed transferee; 
  1.23     (c) a statement that the proposed transferee authorizes the 
  1.24  release to the local police authority of commitment information 
  1.25  about the proposed transferee maintained by the commissioner of 
  1.26  human services, to the extent that the information relates to 
  1.27  the proposed transferee's eligibility to possess a pistol or 
  2.1   semiautomatic military-style assault weapon under section 
  2.2   624.713, subdivision 1; and 
  2.3      (d) a statement by the proposed transferee that the 
  2.4   proposed transferee is not prohibited by section 624.713 from 
  2.5   possessing a pistol or semiautomatic military-style assault 
  2.6   weapon.; and 
  2.7      (e) a statement by the proposed transferee that the 
  2.8   proposed transferee possesses trigger locks or similar devices 
  2.9   capable of disabling the firing mechanism of the pistol or 
  2.10  semiautomatic military-style assault weapon for each firearm 
  2.11  transferred under the permit. 
  2.12     The statements shall be signed and dated by the person 
  2.13  applying for a permit.  At the time of application, the local 
  2.14  police authority shall provide the applicant with a dated 
  2.15  receipt for the application.  The statement under clause (c) 
  2.16  must comply with any applicable requirements of Code of Federal 
  2.17  Regulations, title 42, sections 2.31 to 2.35, with respect to 
  2.18  consent to disclosure of alcohol or drug abuse patient records. 
  2.19     Sec. 2.  Minnesota Statutes 1998, section 624.7132, is 
  2.20  amended by adding a subdivision to read: 
  2.21     Subd. 14a.  [REPORT OF TRANSFER.] No person shall transfer 
  2.22  a pistol or semiautomatic military-style assault weapon to 
  2.23  another without a trigger lock or similar device capable of 
  2.24  disabling the firing mechanism of the firearm, unless the 
  2.25  transferee provides a trigger lock or similar device capable of 
  2.26  disabling the firing mechanism for each pistol or semiautomatic 
  2.27  military-style assault weapon transferred. 
  2.28     Sec. 3.  Minnesota Statutes 1998, section 624.7132, 
  2.29  subdivision 15, is amended to read: 
  2.30     Subd. 15.  [PENALTIES.] (a) Except as otherwise provided in 
  2.31  paragraph (b), a person who does any of the following is guilty 
  2.32  of a gross misdemeanor: 
  2.33     (1) transfers a pistol or semiautomatic military-style 
  2.34  assault weapon in violation of subdivisions 1 to 13; 
  2.35     (2) transfers a pistol or semiautomatic military-style 
  2.36  assault weapon to a person who has made a false statement in 
  3.1   order to become a transferee, if the transferor knows or has 
  3.2   reason to know the transferee has made the false statement; 
  3.3      (3) knowingly becomes a transferee in violation of 
  3.4   subdivisions 1 to 13; or 
  3.5      (4) makes a false statement in order to become a transferee 
  3.6   of a pistol or semiautomatic military-style assault weapon 
  3.7   knowing or having reason to know the statement is false; or 
  3.8      (5) transfers or receives a pistol or semiautomatic 
  3.9   military-style assault weapon without a trigger lock or similar 
  3.10  device capable of disabling the firing mechanism of the firearm. 
  3.11     (b) A person who does either of the following is guilty of 
  3.12  a felony:  
  3.13     (1) transfers a pistol or semiautomatic military-style 
  3.14  assault weapon to a person under the age of 18 in violation of 
  3.15  subdivisions 1 to 13; or 
  3.16     (2) transfers a pistol or semiautomatic military-style 
  3.17  assault weapon to a person under the age of 18 who has made a 
  3.18  false statement in order to become a transferee, if the 
  3.19  transferor knows or has reason to know the transferee has made 
  3.20  the false statement. 
  3.21     Sec. 4.  Minnesota Statutes 1998, section 624.7162, is 
  3.22  amended by adding a subdivision to read: 
  3.23     Subd. 2a.  [TRIGGER LOCK PROVIDED.] Every firearm dealer 
  3.24  who transfers a pistol or semiautomatic military-style assault 
  3.25  weapon to another shall also provide a trigger lock or similar 
  3.26  device capable of disabling the firing mechanism of the firearm 
  3.27  to the transferee, unless the transferee provides a trigger lock 
  3.28  or similar device for each pistol or semiautomatic 
  3.29  military-style assault weapon transferred.