SF 2357

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/07/2021 08:24am

A bill for an act
relating to public safety; regulating the lawful possession, purchase, and transfer
of firearms and ammunition; establishing mandatory minimum sentences; creating
new criminal offenses; providing procedures for restoring firearms rights; amending
Minnesota Statutes 2020, sections 609.165, subdivision 1b; 609.505, by adding a
subdivision; 624.712, subdivision 5; 624.713, subdivisions 1, 2, by adding a
subdivision; 624.7141, subdivisions 2, 3; proposing coding for new law in
Minnesota Statutes, chapter 609; repealing Minnesota Statutes 2020, section
624.713, subdivision 4.

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

Section 1.

Minnesota Statutes 2020, section 609.165, subdivision 1b, is amended to read:

Subd. 1b.

new text begin Violent felons in possession; new text end violation and penalty new text begin ; mandatory
sentences new text end .

(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
or ammunition, 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 and ammunition has been restored under subdivision 1d.

new text begin (d) Unless a longer mandatory minimum sentence is otherwise required by law or the
sentencing guidelines provide for and the court executes a longer presumptive executed
sentence, a person convicted of violating paragraph (a) shall be committed to the custody
of the commissioner of corrections for not less than:
new text end

new text begin (1) 60 months; or
new text end

new text begin (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.
new text end

new text begin A person convicted and sentenced as required by this paragraph is not eligible for probation,
parole, discharge, work release, conditional release, or supervised release, until that person
has served the full term of imprisonment as provided by law, notwithstanding the provisions
of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2020, 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) Whoever files a written report
with a peace 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 (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:
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 (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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

new text begin [609.84] CRIMES AGAINST SELLERS OF FIREARMS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "False information" means material information that portrays an illegal transaction
as legal or a legal transaction as illegal.
new text end

new text begin (c) "Firearm" has the meaning given in section 609.669, subdivision 2.
new text end

new text begin (d) "Licensed dealer" means a person who is licensed pursuant to United States Code,
title 18, section 923, as amended through February 15, 2019, to engage in the business of
dealing in firearms.
new text end

new text begin (e) "Private seller" means a person who is not a licensed dealer and who transfers or
offers for transfer ammunition or any firearm.
new text end

new text begin Subd. 2. new text end

new text begin Crime. new text end

new text begin (a) Whoever does any of the following 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:
new text end

new text begin (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
new text end

new text begin (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.
new text end

new text begin (b) Any person who willfully procures another person to engage in conduct prohibited
by this section is liable as a principal.
new text end

new text begin Subd. 3. new text end

new text begin Exception. new text end

new text begin 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 a law enforcement
officer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2020, 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); new text begin 609.505,
subdivision 3, paragraph (b) (falsely reporting lost or stolen firearms); new text end 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 (harassment); new text begin
609.84 (crimes against sellers of firearms); new text end 609.855, subdivision 5 (shooting at a public
transit vehicle or facility); new text begin 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); new text end and chapter 152
(drugs, controlled substances); and an attempt to commit any of these offenses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2020, 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 new text begin ordered new text end 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, 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 deleted text begin 4 deleted text end new text begin 6 new text end ;

(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 and ammunition has been restored under subdivision deleted text begin 4 deleted text end new text begin 6 new text end ;

(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 and ammunition has been restored under subdivision deleted text begin 4 deleted text end new text begin 6 new text end . 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);
609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring gun); 609.71
(riot); or 609.749 (harassment or 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;

(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 3 (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.

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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2020, section 624.713, subdivision 2, is amended to read:

Subd. 2.

Penalties new text begin ; mandatory sentences new text end .

(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. new text begin Unless a longer mandatory minimum sentence is
otherwise required by law or the sentencing guidelines provide for and the court executes
a longer presumptive executed sentence, a person convicted of violating paragraph (a) shall
be committed to the custody of the commissioner of corrections for not less than:
new text end

new text begin (1) 60 months; or
new text end

new text begin (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.
new text end

new text begin A person convicted and sentenced as required by this paragraph is not eligible for probation,
parole, discharge, work release, conditional release, or supervised release, until that person
has served the full term of imprisonment as provided by law, notwithstanding the provisions
of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.
new text end

(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 EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2020, section 624.713, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Restoration of firearms eligibility to civilly committed person; petition
authorized. new text end

new text begin (a) A person who is subject to the disabilities in subdivision 1, clause (3), (4),
or (5), or United States Code, title 18, section 922(d)(4) or 922(g)(4), as amended through
February 15, 2019, 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.
new text end

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

new text begin (1) the circumstances regarding the firearm disabilities from which relief is sought;
new text end

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

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

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

new text begin 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 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.
new text end

new text begin (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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2020, 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 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, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2020, 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 deleted text begin under section 624.713 deleted text end 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, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 624.713, subdivision 4, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

APPENDIX

Repealed Minnesota Statutes: 21-01564

624.713 CERTAIN PERSONS NOT TO POSSESS FIREARMS.

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 resulting from a judicial determination that the person is 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.

(b) The court may grant the relief sought in paragraph (a) in accordance with the principles of due process if the circumstances regarding the person's disqualifying condition and the person's record and reputation are determined to be 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.

(c) When determining whether a person has met the requirement of paragraph (b), 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.

(d) Review on appeal shall be de novo.