SF 2228

as introduced - 89th Legislature (2015 - 2016) Posted on 03/16/2016 03:30pm

A bill for an act
relating to public safety; modifying provisions related to the transfer of pistols
and semiautomatic military-style assault weapons, eligibility to carry a handgun
in public, and eligibility to possess a firearm; modifying the judicial process for
restoring firearms eligibility to certain persons who have become ineligible;
modifying the judicial challenge process for persons who have been denied a
permit to carry a handgun; making it a crime to falsely report the loss or theft of
a firearm; expanding the crime of transferring certain firearms to an ineligible
person; clarifying the law on aiding and abetting an ineligible person to possess
a firearm; amending Minnesota Statutes 2014, sections 609.505, by adding a
subdivision; 624.712, subdivision 5; 624.7131, subdivisions 1, 4, 5, by adding
a subdivision; 624.7132, subdivisions 1, 3, 4, 5, 6, 12, 13, 15, by adding a
subdivision; 624.714, subdivisions 6, 8, 12, 21; 624.7141, subdivisions 1, 2, 3;
Minnesota Statutes 2015 Supplement, sections 609.165, subdivision 1d; 624.713,
subdivisions 1, 2, 4; 624.714, subdivision 16; repealing Minnesota Statutes 2014,
sections 609.66, subdivision 1f; 624.7132, subdivision 14.

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

Section 1.

Minnesota Statutes 2015 Supplement, section 609.165, subdivision 1d,
is amended to read:

Subd. 1d.

Judicial restoration of ability to possess firearms and ammunition by
felon.

new text begin (a) new text end A person prohibited by state law from shipping, transporting, possessing, or
receiving a firearm or ammunition because of a conviction or a delinquency adjudication
for committing a crime of violence may petition a court to restore the person's ability
to possess, receive, ship, or transport firearms and otherwise deal with firearms and
ammunition.

new text begin (b) A person petitioning the court under paragraph (a) shall serve a copy of the
petition by mail on the prosecutorial office that had jurisdiction over the crime of violence
and the corrections department, if any, who supervised the person in the community
before the person's sentence or disposition was discharged.
new text end

new text begin (c) new text end The court may grant the relief sought if the person shows good cause to do so
and the person deleted text begin has been released from physical confinement deleted text end new text begin establishes by clear and
convincing evidence that: (1) the person is not likely to act in a manner that is dangerous
to public safety; and (2) the granting of relief is not contrary to the public interest new text end .

new text begin (d) new text end If a petition is denied, the person may not file another petition until three years
have elapsed without the permission of the court.

new text begin (e) A petition under this subdivision must be filed in the county in which the
petitioner was convicted or adjudicated delinquent for the underlying crime of violence.
new text end

new text begin (f) A petition under this subdivision may be brought only after the discharge of the
petitioner's sentence or disposition for the underlying crime of violence.
new text end

new text begin (g) A person bringing a petition under this subdivision may be required to disclose
any relevant information and, upon request, must agree to release any relevant mental
health information to facilitate the court's decision on the petition.
new text end

new text begin (h) A judge who grants or denies a petition under this subdivision must report this
action along with its underlying justification to the state court administrator.
new text end

new text begin (i) By January 15 of each year, the state court administrator shall report to the chairs
and ranking minority members of the senate and house of representatives committees
having jurisdiction over firearms summary data on the number of petitions brought under
this subdivision and the number granted.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2014, section 609.505, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Lost or stolen firearms; false reporting. new text end

new text begin (a) As used in this section,
"crime of violence" has the meaning given in section 624.712, subdivision 5.
new text end

new text begin (b) Whoever informs a law enforcement officer that a firearm has been lost or stolen,
knowing that the report is false, is guilty of a gross misdemeanor.
new text end

new text begin (c) 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:
new text end

new text begin (1) is convicted a second or subsequent time of violating this subdivision; or
new text end

new text begin (2) violates paragraph (b) while knowing, or having reason to know, that the firearm
has been transferred to someone who intends to use it in furtherance of a felony crime of
violence.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2014, 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 (assault in the fifth degree); 609.2242 (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); 609.52 (involving theft of a firearm 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 or 2 (burglary in the
first and second 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); and chapter 152 (drugs, controlled substances); and an
attempt to commit any of these offenses. new text begin Crime of violence also includes a second or
subsequent conviction or delinquency adjudication for a violation of section 624.713,
subdivision 2, paragraph (a) (certain juveniles not to possess firearms).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2015 Supplement, 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 new text begin involuntarily confined new text end or has ever been new text begin ordered new text end committed in
Minnesota or elsewhere deleted text begin by a judicial determination that the person is deleted text end new text begin as being new text end mentally ill,
developmentally disabled, or mentally ill and dangerous to the public, as defined in section
253B.02, to a treatment facility, new text begin whether or not the order was stayed, new text end 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 and ammunition has been restored under subdivision 4;

(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 new text begin involuntarily hospitalized or new text end committed deleted text begin by a judicial determination deleted text end 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 and ammunition has
been restored under subdivision 4;

(5) a person who new text begin is or new text end has new text begin ever new text end been new text begin involuntarily confined or new text end committed to a
treatment facility in Minnesota or elsewhere deleted text begin by a judicial determination that the person is
deleted text end new text begin as new text end chemically dependent as defined in section 253B.02, unless the person has completed
treatment or the person's ability to possess a firearm and ammunition has been restored
under subdivision 4. 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 or
ammunition for the period determined by the sentencing court;

(10) a person who:

(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;

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

(viii) is disqualified from possessing a firearm under United States Code, title 18,
section 922(g)(8) or (9), as amended through March 1, 2014;

(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); new text begin section 609.505, subdivision 3, paragraph (b) (lost or stolen
firearms; false reporting); new text end 609.582, subdivision 4 (burglary in the fourth degree); 609.665
(setting a spring gun); 609.71 (riot); deleted text begin or deleted text end 609.749 (stalking) new text begin ; 624.7133 (purchasing firearm
on behalf of ineligible person); or 624.7141, subdivision 1 (transfer of firearm to an
ineligible person) new text end . 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;

(12) a person who has been convicted of a violation of section 609.224 if the court
determined that the assault was against a family or household member in accordance with
section 609.2242, subdivision 8 (domestic assault), unless three years have elapsed since
the date of conviction and, during that time, the person has not been convicted of another
violation of section 609.224 or a violation of a section listed in clause (11); or

(13) a person who is subject to an order for protection as described in section
260C.201, subdivision 3, paragraph (d), or 518B.01, subdivision 6, paragraph (g).

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 or
ammunition 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
and ammunition 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.

deleted text begin 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.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2015 Supplement, section 624.713, subdivision 2, is
amended to read:

Subd. 2.

Penalties.

(a) A person named in subdivision 1, clause (1), who possesses
ammunition or a pistol or semiautomatic military-style assault weapon in violation of that
clause 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
or ammunition 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. 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 and ammunition 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 or ammunition is guilty of a gross misdemeanor.

new text begin (d) A person is criminally liable for a crime committed by another under this section
if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise
procures the other to commit the crime.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2015 Supplement, section 624.713, subdivision 4, is
amended to read:

Subd. 4.

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

(a) A person who is prohibited from possessing a firearm
or ammunition under subdivision 1, due to commitment deleted text begin resulting from a judicial
determination that the person is deleted text end new text begin , hospitalization, or confinement based on the person
being new text end mentally ill, developmentally disabled, mentally ill and dangerous, or chemically
dependent, may petition a court to restore the person's ability to possess a firearm or
ammunition.

new text begin (b) A person petitioning the court under paragraph (a) shall serve a copy of the
petition by mail on the prosecutorial office responsible for the commitment.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end The court may grant the relief sought in paragraph (a) in accordance with the
principles of due process if the new text begin person establishes by clear and convincing evidence that
the new text end circumstances regarding the person's disqualifying condition and the person's record
and reputation are deleted text begin determined to be deleted text end such that:

(1) the person is not likely to act in a manner that is dangerous to public safety; and

(2) the granting of relief would not be contrary to the public interest.

deleted text begin (c) deleted text end new text begin (d) new text end When determining whether a person has met the requirement of paragraph deleted text begin (b)
deleted text end new text begin (c) new text end , clause (1), the court may consider evidence from a licensed medical doctor or clinical
psychologist that the person is no longer suffering from the disease or condition that
caused the disability or that the disease or condition has been successfully treated for a
period of three consecutive years.

deleted text begin (d) deleted text end new text begin (e) new text end Review on appeal shall be de novo.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2014, section 624.7131, subdivision 1, is amended to read:

Subdivision 1.

Information.

new text begin (a) new text end Any person may apply for a transferee permit by
providing the following information in writing to the chief of police of an organized full
time police department of the municipality in which the person resides or to the county
sheriff if there is no such local chief of police:

(1) the name, residence, telephone number, and driver's license number or
nonqualification certificate number, if any, of the proposed transferee;

(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing
physical characteristics, if any, of the proposed transferee;

(3) a statement that the proposed transferee authorizes the release to the local police
authority of commitment information about the proposed transferee maintained by the
commissioner of human services, to the extent that the information relates to the proposed
transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon
under section 624.713, subdivision 1; and

(4) a statement by the proposed transferee that the proposed transferee is not
prohibited by section 624.713 from possessing a pistol or semiautomatic military-style
assault weapon new text begin and has not been denied a permit under subdivision 4, paragraph (b), or
section 624.7132, subdivision 5, paragraph (b), within the past six months new text end .

new text begin (b) In addition to the requirements described in paragraph (a), the proposed
transferee shall submit an accurate photocopy of the person's current driver's license, state
identification card, or the photo page of the person's passport.
new text end

new text begin (c) new text end The statements shall be signed and dated by the person applying for a permit. At
the time of application, the local police authority shall provide the applicant with a dated
receipt for the application. The statement under new text begin paragraph (a), new text end clause (3) new text begin , new text end must comply
with any applicable requirements of Code of Federal Regulations, title 42, sections 2.31 to
2.35, with respect to consent to disclosure of alcohol or drug abuse patient records.

Sec. 8.

Minnesota Statutes 2014, section 624.7131, subdivision 4, is amended to read:

Subd. 4.

Grounds for disqualification.

deleted text begin A determination by deleted text end new text begin (a) new text end The chief of police
or sheriff deleted text begin that deleted text end new text begin shall refuse to grant a transferee permit if new text end the applicant is prohibited by
section 624.713 from possessing a pistol or semiautomatic military-style assault weapon
deleted text begin shall be the only basis for refusal to grant a transferee permit deleted text end new text begin or is determined to be a
danger to self or others under paragraph (b) new text end .

new text begin (b) A chief or sheriff shall refuse to grant a permit to a person who is a danger to self
or others. The decision of the chief or sheriff must be based on documented past contact
with law enforcement. A notice of disqualification issued pursuant to this paragraph must
describe and document the specific police contact or contacts relied upon to deny the permit.
new text end

new text begin (c) A person is not eligible to submit a permit application under this section if the
person has had an application denied pursuant to paragraph (b) and less than six months
have elapsed since the denial was issued or the person's appeal under subdivision 8 was
denied, whichever is later.
new text end

new text begin (d) A chief of police or sheriff who denies a permit application pursuant to paragraph
(b) must provide a copy of the notice of disqualification to the chief of police or sheriff
with joint jurisdiction over the proposed transferee's residence.
new text end

Sec. 9.

Minnesota Statutes 2014, section 624.7131, subdivision 5, is amended to read:

Subd. 5.

Granting of permits.

new text begin (a) Except as provided in paragraph (b), new text end the chief
of police or sheriff shall issue a transferee permit or deny the application within seven
new text begin business new text end days of application for the permit. The chief of police or sheriff shall provide an
applicant with written notification of a denial and the specific reason for the denial. The
permits and their renewal shall be granted free of charge.

new text begin (b) If a chief of police or sheriff is unable to verify a proposed transferee's identity or
criminal record within the seven-business-day requirement described in paragraph (a),
the chief of police or sheriff may require the transferee to appear in person to present a
current driver's license, state identification card, or passport, and, if deemed necessary, to
be fingerprinted. If this occurs, the chief of police or sheriff shall notify the transferor of
this in writing, and the seven-business-day requirement is extended to 30 days.
new text end

Sec. 10.

Minnesota Statutes 2014, section 624.7131, is amended by adding a
subdivision to read:

new text begin Subd. 5a. new text end

new text begin Emergency permit. new text end

new text begin The chief of police or sheriff may limit or expedite
the investigation required in subdivision 2 if the chief or sheriff finds that the transferee
requires access to a pistol or semiautomatic military-style assault weapon because of a
threat to the life of the transferee or any member of the transferee's household. Under these
circumstances, the chief or sheriff may issue a transferee permit that expires no more than
48 hours after issuance and that is valid for the transfer of a single pistol or semiautomatic
military-style assault weapon. An emergency transferee permit is not renewable.
new text end

Sec. 11.

Minnesota Statutes 2014, section 624.7132, subdivision 1, is amended to read:

Subdivision 1.

Required information.

new text begin (a) new text end Except as provided in this section
and section 624.7131, every person who agrees to transfer a pistol or semiautomatic
military-style assault weapon shall report the following information in writing to the
chief of police of the organized full-time police department of the municipality where the
proposed transferee resides or to the appropriate county sheriff if there is no such local
chief of police:

(1) the name, residence, telephone number, and driver's license number or
nonqualification certificate number, if any, of the proposed transferee;

(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing
physical characteristics, if any, of the proposed transferee;

(3) a statement that the proposed transferee authorizes the release to the local police
authority of commitment information about the proposed transferee maintained by the
commissioner of human services, to the extent that the information relates to the proposed
transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon
under section 624.713, subdivision 1;

(4) a statement by the proposed transferee that the transferee is not prohibited by
section 624.713 from possessing a pistol or semiautomatic military-style assault weapon
new text begin and that the person has not been denied a permit under subdivision 5, paragraph (b), or
section 624.7131, subdivision 4, paragraph (b), within the past six months new text end ; and

(5) the address of the place of business of the transferor.

new text begin (b) In addition to the requirements described in paragraph (a), the proposed
transferee shall submit an accurate photocopy of the person's current driver's license, state
identification card, or the photo page of the person's passport.
new text end

new text begin (c) new text end The report shall be signed and dated by the transferor and the proposed transferee.
The report shall be delivered by the transferor to the chief of police or sheriff no later
than three days after the date of the agreement to transfer, excluding weekends and legal
holidays. The statement under new text begin paragraph (a), new text end clause (3) new text begin , new text end must comply with any applicable
requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect
to consent to disclosure of alcohol or drug abuse patient records.

Sec. 12.

Minnesota Statutes 2014, section 624.7132, subdivision 3, is amended to read:

Subd. 3.

Notification.

The chief of police or sheriff shall notify the transferor
and proposed transferee in writing as soon as possible if the chief or sheriff determines
that the proposed transferee is prohibited by section 624.713 from possessing a pistol or
semiautomatic military-style assault weapon new text begin or is determined to be a danger to self or
others under subdivision 5, paragraph (b) new text end . The notification to the transferee shall specify
the grounds for the disqualification of the proposed transferee and shall set forth in detail
the transferee's right of appeal under subdivision 13.

Sec. 13.

Minnesota Statutes 2014, section 624.7132, subdivision 4, is amended to read:

Subd. 4.

Delivery.

new text begin (a) new text end Except as otherwise provided in new text begin this new text end subdivision deleted text begin 7 deleted text end or
new text begin subdivision new text end 8, no person shall deliver a pistol or semiautomatic military-style assault
weapon to a proposed transferee until deleted text begin five deleted text end new text begin seven new text end business days after the date the
agreement to transfer is delivered to a chief of police or sheriff in accordance with
subdivision 1 unless the chief of police or sheriff waives all or a portion of the deleted text begin seven-day
deleted text end new text begin seven-business-day new text end waiting period. The chief of police or sheriff may waive all or a
portion of the deleted text begin five business day deleted text end new text begin seven-business-day new text end waiting period in writing if the chief
of police or sheriff finds that the transferee requires access to a pistol or semiautomatic
military-style assault weapon because of a threat to the life of the transferee or of any
member of the household of the transferee.

new text begin (b) If a chief of police or sheriff is unable to verify a proposed transferee's identity or
criminal record within the seven-business-day requirement described in paragraph (a),
the chief of police or sheriff may require the transferee to appear in person to present a
current driver's license, state identification card, or passport, and, if deemed necessary, to
be fingerprinted. If this occurs, the chief of police or sheriff shall notify the transferor of
this in writing, and the seven-business-day requirement is extended to 30 days.
new text end

new text begin (c) new text end No person shall deliver a pistol or semiautomatic military-style assault weapon
to a proposed transferee after receiving a written notification that the chief of police or
sheriff has determined that the proposed transferee is prohibited by section 624.713 from
possessing a pistol or semiautomatic military-style assault weapon.

new text begin (d) new text end If the transferor makes a report of transfer and receives no written notification
of disqualification of the proposed transferee new text begin and no written notification as described
in paragraph (b) new text end within deleted text begin five deleted text end new text begin seven new text end business days after delivery of the agreement to
transfer, the pistol or semiautomatic military-style assault weapon may be delivered to
the transferee. new text begin If the transferor receives the written notification described in paragraph
(b), the seven-business-day period is extended to 30 days.
new text end

Sec. 14.

Minnesota Statutes 2014, section 624.7132, subdivision 5, is amended to read:

Subd. 5.

Grounds for disqualification.

deleted text begin A determination by deleted text end new text begin (a) new text end The chief of police
or sheriff deleted text begin that deleted text end new text begin shall deny an application if new text end the proposed transferee is prohibited by section
624.713 from possessing a pistol or semiautomatic military-style assault weapon deleted text begin shall be
the sole basis for a notification of disqualification under this section deleted text end new text begin or is determined to be
a danger to self or others under paragraph (b) new text end .

new text begin (b) A chief or sheriff shall deny a permit to a person who is a danger to self or others.
The decision of the chief or sheriff must be based on documented past contact with law
enforcement. A notice of disqualification issued pursuant to this paragraph must describe
and document the specific police contact or contacts relied upon to deny the permit.
new text end

new text begin (c) A person is not eligible to submit a permit application under this section if the
person has had an application denied pursuant to paragraph (b) and less than six months
have elapsed since the denial was issued or the person's appeal under subdivision 13
was denied, whichever is later.
new text end

new text begin (d) A chief of police or sheriff who denies a permit application pursuant to paragraph
(b) must provide a copy of the notice of disqualification to the chief of police or sheriff
with joint jurisdiction over the applicant's residence.
new text end

Sec. 15.

Minnesota Statutes 2014, section 624.7132, subdivision 6, is amended to read:

Subd. 6.

Transferee permit.

If a chief of police or sheriff determines that a
transferee is not a person prohibited by section 624.713 from possessing a pistol or
semiautomatic military-style assault weapon new text begin and is not a danger to self or others new text end , the
transferee may, within 30 days after the determination, apply to that chief of police or
sheriff for a transferee permit, and the permit shall be issued.

Sec. 16.

Minnesota Statutes 2014, section 624.7132, is amended by adding a
subdivision to read:

new text begin Subd. 7a. new text end

new text begin Transfer by or to licensed dealers only. new text end

new text begin (a) No person shall transfer
a pistol or semiautomatic military-style assault weapon unless the transferor or the
transferee is a federally licensed firearms dealer. Where neither party to a prospective
pistol or semiautomatic military-style assault weapon transfer is a federally licensed
firearms dealer, the parties shall complete the transfer through a federally licensed firearms
dealer as follows:
new text end

new text begin (1) the transferor shall deliver the pistol or semiautomatic military-style assault
weapon and a valid transferee permit or report of transfer to a federally licensed firearms
dealer, who shall retain possession of that pistol or semiautomatic military-style assault
weapon until the transaction is completed or as provided in clause (3);
new text end

new text begin (2) the federally licensed dealer shall comply with this section and federal law as
if the dealer had agreed to directly transfer the pistol or semiautomatic military-style
assault weapon to the proposed transferee;
new text end

new text begin (3) if the dealer cannot legally deliver the pistol or semiautomatic military-style
assault weapon to the proposed transferee or otherwise chooses not to complete the
transaction, the dealer shall conduct a background check in accordance with federal law
and file a report of transfer to transfer the pistol or semiautomatic military-style assault
weapon back to the original transferor. If the original transferor is prohibited by section
624.713 from possessing a pistol or semiautomatic military-style assault weapon, the
dealer shall transfer the firearm to the chief of police or sheriff within 24 hours;
new text end

new text begin (4) a dealer who denies transfer of a pistol or semiautomatic military-style assault
weapon shall immediately report the identity of the proposed transferee and the date,
time, and place of the attempted transfer to the local law enforcement agency where
the dealer is located; and
new text end

new text begin (5) the dealer may require the proposed transferee to pay a fee of no more than $25
when assisting with a transfer under this subdivision.
new text end

new text begin (b) For purposes of this section and section 624.7131, an auctioneer who is licensed
and bonded in accordance with section 330.01 who, while acting in the person's role as
an auctioneer, facilitates the sale of a pistol or a semiautomatic military-style assault
weapon, is neither the transferor nor transferee in the sale of the firearm, provided that the
auctioneer does not transfer physical possession of the firearm to the buyer or buyer's agent
or assignee at any time preceding, during, or following the auction other than temporarily
prior to the auctioning of the firearm for the purpose of enabling the prospective buyer to
inspect the characteristics and quality of the firearm. Upon completion of the auctioning
of the firearm, the auctioneer or the auctioneer's agent must physically return the firearm
to the possession of the person who owns the firearm and who is the prospective transferor
of the firearm, or to that person's agent in the auction. The owner who is the prospective
transferor and the prospective transferee who has agreed in the auction to purchase the
firearm must then comply in full with the terms of paragraph (a), if applicable, and with
the provisions of this chapter, chapter 609, and any other state or federal law to complete
the transfer of the firearm.
new text end

Sec. 17.

Minnesota Statutes 2014, section 624.7132, subdivision 12, is amended to read:

Subd. 12.

Exclusions.

new text begin (a) For purposes of this subdivision, "relative" means a
spouse, parent, stepparent, child, stepchild, brother, sister, aunt, uncle, grandparent, or
grandchild by blood or marriage.
new text end

deleted text begin Except as otherwise provided in section 609.66, subdivision 1f, deleted text end new text begin (b) new text end This section shall
not apply to deleted text begin transfers of antique firearms as curiosities or for their historical significance
or value, deleted text end transfers to or between federally licensed firearms dealers, transfers by order of
court, involuntary transfers, transfers at death or the following transfers:

(1) a transfer by a person deleted text begin other than a federally licensed firearms dealer deleted text end new text begin to a relative
who is not ineligible to possess a firearm under section 624.713 new text end ;

(2) a loan to a prospective transferee if the loan is intended for a period of no more
than one day;

(3) the delivery of a pistol or semiautomatic military-style assault weapon to a
person for the purpose of repair, reconditioning or remodeling;

(4) a loan by a teacher to a student in a course designed to teach marksmanship or
safety with a pistol and approved by the commissioner of natural resources;

(5) a loan between persons at a firearms collectors exhibition;

(6) a loan between persons lawfully engaged in hunting or target shooting if the
loan is intended for a period of no more than deleted text begin 12 deleted text end new text begin 72 new text end hours new text begin and the person receiving the
pistol or semiautomatic military-style assault weapon is not ineligible to possess a firearm
under section 624.713 new text end ;

(7) a loan between law enforcement officers who have the power to make arrests
other than citizen arrests; and

(8) a loan between employees or between the employer and an employee in a
business if the employee is required to carry a pistol or semiautomatic military-style assault
weapon by reason of employment and is the holder of a valid permit to carry a pistol.

Sec. 18.

Minnesota Statutes 2014, section 624.7132, subdivision 13, is amended to read:

Subd. 13.

Appeal.

A person aggrieved by the determination of a chief of police
or sheriff deleted text begin that the person is prohibited by section 624.713 from possessing a pistol
or semiautomatic military-style assault weapon deleted text end new text begin under subdivision 5 new text end may appeal the
determination as provided in this subdivision. The district court shall have jurisdiction of
proceedings under this subdivision.

deleted text begin On review pursuant to this subdivision, the court shall be limited to a determination
of whether the proposed transferee is a person prohibited from possessing a pistol or
semiautomatic military-style assault weapon by section 624.713.
deleted text end

Sec. 19.

Minnesota Statutes 2014, section 624.7132, subdivision 15, is amended to read:

Subd. 15.

Penalties.

(a) Except as otherwise provided in paragraph (b), a person
who does any of the following is guilty of a gross misdemeanor:

(1) transfers a pistol or semiautomatic military-style assault weapon in violation
of subdivisions 1 to 13;

(2) transfers a pistol or semiautomatic military-style assault weapon to a person who
has made a false statement in order to become a transferee, if the transferor knows or has
reason to know the transferee has made the false statement;

(3) knowingly becomes a transferee in violation of subdivisions 1 to 13; or

(4) makes a false statement in order to become a transferee of a pistol or
semiautomatic military-style assault weapon knowing or having reason to know the
statement is false.

(b) A person who does deleted text begin either deleted text end new text begin any new text end of the following is guilty of a felony:

(1) transfers a pistol or semiautomatic military-style assault weapon to a person
under the age of 18 in violation of subdivisions 1 to 13; deleted text begin or
deleted text end

(2) transfers a pistol or semiautomatic military-style assault weapon to a person
under the age of 18 who has made a false statement in order to become a transferee, if the
transferor knows or has reason to know the transferee has made the false statement new text begin ;
new text end

new text begin (3) transfers a pistol or a semiautomatic military-style assault weapon to another in
violation of this section if: (i) the person knows or has reason to know that the transferee is
prohibited under section 624.713 from possessing a firearm; and (ii) the transferee uses the
weapon within one year after the transfer in furtherance of a felony crime of violence; or
new text end

new text begin (4) violates paragraph (a), clause (1) or (3), after having been previously convicted
or adjudicated delinquent for a violation of this section or section 624.7131 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 20.

Minnesota Statutes 2014, section 624.714, subdivision 6, is amended to read:

Subd. 6.

Granting and denial of permits.

(a) The sheriff must, within 30 days
after the date of receipt of the application packet described in subdivision 3:

(1) issue the permit to carry;

(2) deny the application for a permit to carry solely on the grounds that the applicant
failed to qualify under the criteria described in subdivision 2, paragraph (b); or

(3) deny the application on the grounds that there exists a deleted text begin substantial deleted text end likelihood that
the applicant is a danger to self or the public if authorized to carry a pistol under a permit.

(b) Failure of the sheriff to notify the applicant of the denial of the application
within 30 days after the date of receipt of the application packet constitutes issuance of the
permit to carry and the sheriff must promptly fulfill the requirements under paragraph (c).
To deny the application, the sheriff must provide the applicant with written notification
and the specific factual basis justifying the denial under paragraph (a), clause (2) or (3),
including the source of the factual basis. The sheriff must inform the applicant of the
applicant's right to submit, within 20 business days, any additional documentation relating
to the propriety of the denial. Upon receiving any additional documentation, the sheriff
must reconsider the denial and inform the applicant within 15 business days of the result
of the reconsideration. Any denial after reconsideration must be in the same form and
substance as the original denial and must specifically address any continued deficiencies
in light of the additional documentation submitted by the applicant. The applicant must be
informed of the right to seek de novo review of the denial as provided in subdivision 12.

(c) Upon issuing a permit to carry, the sheriff must provide a laminated permit
card to the applicant by first class mail unless personal delivery has been made. Within
five business days, the sheriff must submit the information specified in subdivision 7,
paragraph (a), to the commissioner for inclusion solely in the database required under
subdivision 15, paragraph (a). The sheriff must transmit the information in a manner and
format prescribed by the commissioner.

(d) Within five business days of learning that a permit to carry has been suspended
or revoked, the sheriff must submit information to the commissioner regarding the
suspension or revocation for inclusion solely in the databases required or permitted under
subdivision 15.

(e) Notwithstanding paragraphs (a) and (b), the sheriff may suspend the application
process if a charge is pending against the applicant that, if resulting in conviction, will
prohibit the applicant from possessing a firearm.

Sec. 21.

Minnesota Statutes 2014, section 624.714, subdivision 8, is amended to read:

Subd. 8.

Permit to carry voided.

(a) The permit to carry is void at the time that the
holder becomes prohibited by law from possessing a firearm, in which event the holder
must return the permit card to the issuing sheriff within five business days after the holder
knows or should know that the holder is a prohibited person. If the sheriff has knowledge
that a permit is void under this paragraph, the sheriff must give notice to the permit holder
in writing in the same manner as a denial. Failure of the holder to return the permit within
the five days is a gross misdemeanor unless the court finds that the circumstances or the
physical or mental condition of the permit holder prevented the holder from complying
with the return requirement.

(b) When a permit holder is convicted of an offense that prohibits the permit holder
from possessing a firearm, the court must take possession of the permit, if it is available,
and send it to the issuing sheriff.

(c) The sheriff of the county where the application was submitted, or of the county
of the permit holder's current residence, may file a petition with the district court therein,
for an order revoking a permit to carry on the grounds set forth in subdivision 6, paragraph
(a), clause (3). An order shall be issued only if the sheriff meets the burden of proof and
criteria set forth in subdivision 12. deleted text begin If the court denies the petition, the court must award
the permit holder reasonable costs and expenses, including attorney fees.
deleted text end

(d) A permit revocation must be promptly reported to the issuing sheriff.

Sec. 22.

Minnesota Statutes 2014, section 624.714, subdivision 12, is amended to read:

Subd. 12.

Hearing upon denial or revocation.

(a) Any person aggrieved by denial
or revocation of a permit to carry may appeal by petition to the district court having
jurisdiction over the county or municipality where the application was submitted. The
petition must list the sheriff as the respondent. The district court must hold a hearing at
the earliest practicable date and in any event no later than 60 days following the filing of
the petition for review. The court may not grant or deny any relief before the completion
of the hearing. The record of the hearing must be sealed. The matter must be heard de
novo without a jury.

(b) The court must issue written findings of fact and conclusions of law regarding
the issues submitted by the parties. The court must issue its writ of mandamus directing
that the permit be issued and order other appropriate relief unless the sheriff establishes
by deleted text begin clear and convincing deleted text end new text begin a preponderance of the new text end evidence:

(1) that the applicant is disqualified under the criteria described in subdivision 2,
paragraph (b); or

(2) that there exists a deleted text begin substantial deleted text end likelihood that the applicant is a danger to self or
the public if authorized to carry a pistol under a permit. Incidents of alleged criminal
misconduct that are not deleted text begin investigated and deleted text end documented may not be considered.

(c) If an applicant is denied a permit on the grounds that the applicant is listed in
the criminal gang investigative data system under section 299C.091, the person may
challenge the denial, after disclosure under court supervision of the reason for that listing,
based on grounds that the person:

(1) was erroneously identified as a person in the data system;

(2) was improperly included in the data system according to the criteria outlined in
section 299C.091, subdivision 2, paragraph (b); or

(3) has demonstrably withdrawn from the activities and associations that led to
inclusion in the data system.

deleted text begin (d) If the court grants a petition brought under paragraph (a), the court must award
the applicant or permit holder reasonable costs and expenses including attorney fees.
deleted text end

Sec. 23.

Minnesota Statutes 2015 Supplement, section 624.714, subdivision 16,
is amended to read:

Subd. 16.

Recognition of permits from other states.

(a) The commissioner must
annually establish and publish a list of other states that have laws governing the issuance of
permits to carry weapons that are not similar to this section. The list must be available on
the Internet. A person holding a carry permit from a state not on the list may use the license
or permit in this state subject to the rights, privileges, and requirements of this section.

(b) Notwithstanding paragraph (a), no license or permit from another state is valid in
this state if the holder is or becomes prohibited by law from possessing a firearm.

(c) Any sheriff or police chief may file a petition under subdivision 12 seeking an
order suspending or revoking an out-of-state permit holder's authority to carry a pistol in
this state on the grounds set forth in subdivision 6, paragraph (a), clause (3). An order shall
only be issued if the petitioner meets the burden of proof and criteria set forth in subdivision
12. deleted text begin If the court denies the petition, the court must award the permit holder reasonable
costs and expenses including attorney fees. deleted text end The petition may be filed in any county in the
state where a person holding a license or permit from another state can be found.

(d) The commissioner must, when necessary, execute reciprocity agreements
regarding carry permits with jurisdictions whose carry permits are recognized under
paragraph (a).

Sec. 24.

Minnesota Statutes 2014, section 624.714, subdivision 21, is amended to read:

Subd. 21.

Use of fees.

Fees collected by sheriffs under this section and not forwarded
to the commissioner must be used only to pay the direct costs of administering this section.
Fee money may be used to pay the costs of appeals deleted text begin of prevailing applicants or permit
holders under subdivision 8, paragraph (c); subdivision 12, paragraph (e); and subdivision
16, paragraph (c). Fee money may also be used to pay deleted text end new text begin and new text end the reasonable costs of the county
attorney to represent the sheriff in proceedings under this section. The revenues must be
maintained in a segregated fund. Fund balances must be carried over from year to year and
do not revert to any other fund. As part of the information supplied under subdivision 20,
paragraph (b), by January 31 of each year, a sheriff must report to the commissioner on the
sheriff's segregated fund for the preceding calendar year, including information regarding:

(1) nature and amount of revenues;

(2) nature and amount of expenditures; and

(3) nature and amount of balances.

Sec. 25.

Minnesota Statutes 2014, section 624.7141, subdivision 1, is amended to read:

Subdivision 1.

Transfer prohibited.

A person is guilty of a gross misdemeanor who
intentionally transfers a pistol or semiautomatic military-style assault weapon to another if
the person knows new text begin , or has reason to know, new text end that the transferee:

(1) has been denied a permit to carry under section 624.714 because the transferee
is not eligible under section 624.713 to possess a pistol or semiautomatic military-style
assault weapon;

(2) has been found ineligible to possess a pistol or semiautomatic military-style
assault weapon by a chief of police or sheriff as a result of an application for a transferee
permit or a transfer report; or

(3) is disqualified under section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 26.

Minnesota Statutes 2014, section 624.7141, subdivision 2, is amended to read:

Subd. 2.

Felony.

A violation of this section is a felony new text begin :
new text end

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

new text begin (2) if the transferor knows, or has reason to know, the transferee intends to use the
weapon in the furtherance of a felony crime of violence new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 27.

Minnesota Statutes 2014, section 624.7141, subdivision 3, is amended to read:

Subd. 3.

Subsequent eligibility.

deleted text begin This section deleted text end new text begin Subdivision 2, clause (1), new text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 28. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 609.66, subdivision 1f; and 624.7132, subdivision
14, new text end new text begin are repealed.
new text end