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SF 2496

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/03/2023 10:49am

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

Current Version - as introduced

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A bill for an act
relating to public safety; providing for enforcement of judicially ordered firearms
restrictions for abusing parties; amending Minnesota Statutes 2022, sections
260C.201, subdivision 3; 518B.01, subdivision 6; 609.2242, subdivision 3; 609.749,
subdivision 8.

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

Section 1.

Minnesota Statutes 2022, section 260C.201, subdivision 3, is amended to read:


Subd. 3.

Domestic child abuse.

(a) If the court finds that the child is a victim of domestic
child abuse, as defined in section 260C.007, subdivision 13, it may order any of the following
dispositions of the case in addition to or as alternatives to the dispositions authorized under
subdivision 1:

(1) restrain any party from committing acts of domestic child abuse;

(2) exclude the abusing party from the dwelling which the family or household members
share or from the residence of the child;

(3) on the same basis as is provided in chapter 518, establish temporary visitation with
regard to minor children of the adult family or household members;

(4) on the same basis as is provided in chapter 518 or 518A, establish temporary support
or maintenance for a period of 30 days for minor children or a spouse;

(5) provide counseling or other social services for the family or household members; or

(6) order the abusing party to participate in treatment or counseling services.

Any relief granted by the order for protection shall be for a fixed period not to exceed
one year.

(b) No order excluding the abusing party from the dwelling may be issued unless the
court finds that:

(1) the order is in the best interests of the child or children remaining in the dwelling;

(2) a remaining adult family or household member is able to care adequately for the
child or children in the absence of the excluded party; and

(3) the local welfare agency has developed a plan to provide appropriate social services
to the remaining family or household members.

(c) Upon a finding that the remaining parent is able to care adequately for the child and
enforce an order excluding the abusing party from the home and that the provision of
supportive services by the responsible social services agency is no longer necessary, the
responsible social services agency may be dismissed as a party to the proceedings. Orders
entered regarding the abusing party remain in full force and effect and may be renewed by
the remaining parent as necessary for the continued protection of the child for specified
periods of time, not to exceed one year.

(d) An order granting relief that was issued after a hearing of which the abusing party
received actual notice and at which the abusing party had the opportunity to participate,
shall prohibit the abusing party from possessing firearms for the length the order is in effect
if the order (1) restrains the abusing party from harassing, stalking, or threatening the child
or restrains the abusing party from engaging in other conduct that would place the child in
reasonable fear of bodily injury, and (2) includes a finding that the abusing party represents
a credible threat to the physical safety of the child or prohibits the abusing party from using,
attempting to use, or threatening to use physical force against the child. The order shall
inform the abusing party of that party's prohibited status. Except as provided in paragraph
(f), the court shall order the abusing party to transfer any firearms that the person possesses,
within three business days, to a federally licensed firearms dealer, a law enforcement agency,
or a third party who may lawfully receive them. The transfer may be permanent or temporary.
A temporary firearm transfer only entitles the receiving party to possess the firearm. A
temporary transfer does not transfer ownership or title. An abusing party may not transfer
firearms to a third party who resides with the abusing party. If an abusing party makes a
temporary transfer, a federally licensed firearms dealer or law enforcement agency may
charge the abusing party a reasonable fee to store the person's firearms and may establish
policies for disposal of abandoned firearms, provided such policies require that the person
be notified via certified mail prior to disposal of abandoned firearms. For temporary firearms
transfers under this paragraph, a law enforcement agency, federally licensed firearms dealer,
or third party shall exercise due care to preserve the quality and function of the transferred
firearms and shall return the transferred firearms to the person upon request after the
expiration of the prohibiting time period, provided the person is not otherwise prohibited
from possessing firearms under state or federal law. The return of temporarily transferred
firearms to an abusing party shall comply with state and federal law. If an abusing party
permanently transfers the abusing party's firearms to a law enforcement agency, the agency
is not required to compensate the abusing party and may charge the abusing party a
reasonable processing fee. A law enforcement agency is not required to accept an abusing
party's firearm under this paragraph.

(e) An abusing party who is ordered to transfer firearms under paragraph (d) must file
proof of transfer as provided for in this paragraph. If the transfer is made to a third party,
the third party must sign an affidavit under oath before a notary public either acknowledging
that the abusing party permanently transferred the abusing party's firearms to the third party
or agreeing to temporarily store the abusing party's firearms until such time as the abusing
party is legally permitted to possess firearms. The affidavit shall indicate the serial number,
make, and model of all firearms transferred by the abusing party to the third party. The third
party shall acknowledge in the affidavit that the third party may be held criminally and
civilly responsible under section 624.7144 if the abusing party gains access to a transferred
firearm while the firearm is in the custody of the third party. If the transfer is to a law
enforcement agency or federally licensed firearms dealer, the law enforcement agency or
federally licensed firearms dealer shall provide proof of transfer to the abusing party. The
proof of transfer must specify whether the firearms were permanently or temporarily
transferred and include the name of the abusing party, date of transfer, and the serial number,
make, and model of all transferred firearms. The abusing party shall provide the court with
a signed and notarized affidavit or proof of transfer as described in this section within two
business days of the firearms transfer. The court shall seal affidavits and proofs of transfer
filed pursuant to this paragraph.

(f) When a court issues an order containing a firearms restriction provided for in
paragraph (d), the court shall determine by a preponderance of evidence if an abusing party
poses an imminent risk of causing another person substantial bodily harm. Upon a finding
of imminent risk, the court shall order that the local law enforcement agency take immediate
possession of all firearms in the abusing party's possession. The local law enforcement
agency shall exercise due care to preserve the quality and function of the abusing party's
firearms and shall return the firearms to the person upon request after the expiration of the
prohibiting time period, provided the person is not otherwise prohibited from possessing
firearms under state or federal law. The local law enforcement agency shall, upon written
notice from the abusing party, transfer the firearms to a federally licensed firearms dealer
or a third party who may lawfully receive them. Before a local law enforcement agency
transfers a firearm under this paragraph, the agency shall require the third party or federally
licensed firearms dealer receiving the firearm to submit an affidavit or proof of transfer that
complies with the requirements for affidavits or proofs of transfer established in paragraph
(e). The agency shall file all affidavits or proofs of transfer received with the court within
two business days of the transfer. The court shall seal all affidavits or proofs of transfer
filed pursuant to this paragraph. A federally licensed firearms dealer or third party who
accepts a firearm transfer pursuant to this paragraph shall comply with paragraphs (d) and
(e) as if accepting transfer from the abusing party. If the law enforcement agency does not
receive written notice from the abusing party within three business days, the agency may
charge a reasonable fee to store the abusing party's firearms. A law enforcement agency
may establish policies for disposal of abandoned firearms, provided such policies require
that the abusing party be notified via certified mail prior to disposal of abandoned firearms.

new text begin (g) The court shall ensure that all firearms have been transferred and all proofs of transfer
submitted as required by paragraphs (d), (e), and (f), by scheduling and holding a compliance
hearing within ten business days of issuing an order containing a firearms restriction. If, at
the hearing, the court finds that the abusing party is not in compliance, the court shall take
appropriate action under the circumstances, including but not limited to a contempt
proceeding under section 588.01, subdivision 3.
new text end

Sec. 2.

Minnesota Statutes 2022, section 518B.01, subdivision 6, is amended to read:


Subd. 6.

Relief by court.

(a) Upon notice and hearing, the court may provide relief as
follows:

(1) restrain the abusing party from committing acts of domestic abuse;

(2) exclude the abusing party from the dwelling which the parties share or from the
residence of the petitioner;

(3) exclude the abusing party from a reasonable area surrounding the dwelling or
residence, which area shall be described specifically in the order;

(4) award temporary custody or establish temporary parenting time with regard to minor
children of the parties on a basis which gives primary consideration to the safety of the
victim and the children. In addition to the primary safety considerations, the court may
consider particular best interest factors that are found to be relevant to the temporary custody
and parenting time award. Findings under section 257.025, 518.17, or 518.175 are not
required with respect to the particular best interest factors not considered by the court. If
the court finds that the safety of the victim or the children will be jeopardized by unsupervised
or unrestricted parenting time, the court shall condition or restrict parenting time as to time,
place, duration, or supervision, or deny parenting time entirely, as needed to guard the safety
of the victim and the children. The court's decision on custody and parenting time shall in
no way delay the issuance of an order for protection granting other relief provided for in
this section. The court must not enter a parenting plan under section 518.1705 as part of an
action for an order for protection;

(5) on the same basis as is provided in chapter 518 or 518A, establish temporary support
for minor children or a spouse, and order the withholding of support from the income of
the person obligated to pay the support according to chapter 518A;

(6) provide upon request of the petitioner counseling or other social services for the
parties, if married, or if there are minor children;

(7) order the abusing party to participate in treatment or counseling services, including
requiring the abusing party to successfully complete a domestic abuse counseling program
or educational program under section 518B.02;

(8) award temporary use and possession of property and restrain one or both parties from
transferring, encumbering, concealing, or disposing of property except in the usual course
of business or for the necessities of life, and to account to the court for all such transfers,
encumbrances, dispositions, and expenditures made after the order is served or communicated
to the party restrained in open court;

(9) exclude the abusing party from the place of employment of the petitioner, or otherwise
limit access to the petitioner by the abusing party at the petitioner's place of employment;

(10) order the abusing party to have no contact with the petitioner whether in person,
by telephone, mail, or electronic mail or messaging, through a third party, or by any other
means;

(11) order the abusing party to pay restitution to the petitioner;

(12) order the continuance of all currently available insurance coverage without change
in coverage or beneficiary designation;

(13) order, in its discretion, other relief as it deems necessary for the protection of a
family or household member, including orders or directives to the sheriff or other law
enforcement or corrections officer as provided by this section;

(14) direct the care, possession, or control of a pet or companion animal owned,
possessed, or kept by the petitioner or respondent or a child of the petitioner or respondent;
and

(15) direct the respondent to refrain from physically abusing or injuring any pet or
companion animal, without legal justification, known to be owned, possessed, kept, or held
by either party or a minor child residing in the residence or household of either party as an
indirect means of intentionally threatening the safety of such person.

(b) Any relief granted by the order for protection shall be for a period not to exceed two
years, except when the court determines a longer period is appropriate. When a referee
presides at the hearing on the petition, the order granting relief becomes effective upon the
referee's signature.

(c) An order granting the relief authorized in paragraph (a), clause (1), may not be vacated
or modified in a proceeding for dissolution of marriage or legal separation, except that the
court may hear a motion for modification of an order for protection concurrently with a
proceeding for dissolution of marriage upon notice of motion and motion. The notice required
by court rule shall not be waived. If the proceedings are consolidated and the motion to
modify is granted, a separate order for modification of an order for protection shall be issued.

(d) An order granting the relief authorized in paragraph (a), clause (2) or (3), is not
voided by the admittance of the abusing party into the dwelling from which the abusing
party is excluded.

(e) If a proceeding for dissolution of marriage or legal separation is pending between
the parties, the court shall provide a copy of the order for protection to the court with
jurisdiction over the dissolution or separation proceeding for inclusion in its file.

(f) An order for restitution issued under this subdivision is enforceable as civil judgment.

(g) An order granting relief shall prohibit the abusing party from possessing firearms
for the length the order is in effect if the order (1) restrains the abusing party from harassing,
stalking, or threatening the petitioner or restrains the abusing party from engaging in other
conduct that would place the petitioner in reasonable fear of bodily injury, and (2) includes
a finding that the abusing party represents a credible threat to the physical safety of the
petitioner or prohibits the abusing party from using, attempting to use, or threatening to use
physical force against the petitioner. The order shall inform the abusing party of that party's
prohibited status. Except as provided in paragraph (i), the court shall order the abusing party
to transfer any firearms that the person possesses, within three business days, to a federally
licensed firearms dealer, a law enforcement agency, or a third party who may lawfully
receive them. The transfer may be permanent or temporary. A temporary firearm transfer
only entitles the receiving party to possess the firearm. A temporary transfer does not transfer
ownership or title. An abusing party may not transfer firearms to a third party who resides
with the abusing party. If an abusing party makes a temporary transfer, a federally licensed
firearms dealer or law enforcement agency may charge the abusing party a reasonable fee
to store the person's firearms and may establish policies for disposal of abandoned firearms,
provided such policies require that the person be notified via certified mail prior to disposal
of abandoned firearms. For temporary firearms transfers under this paragraph, a law
enforcement agency, federally licensed firearms dealer, or third party shall exercise due
care to preserve the quality and function of the transferred firearms and shall return the
transferred firearms to the person upon request after the expiration of the prohibiting time
period, provided the person is not otherwise prohibited from possessing firearms under state
or federal law. The return of temporarily transferred firearms to an abusing party shall
comply with state and federal law. If an abusing party permanently transfers the abusing
party's firearms to a law enforcement agency, the agency is not required to compensate the
abusing party and may charge the abusing party a reasonable processing fee. A law
enforcement agency is not required to accept an abusing party's firearm under this paragraph.

(h) An abusing party who is ordered to transfer firearms under paragraph (g) must file
proof of transfer as provided for in this paragraph. If the transfer is made to a third party,
the third party must sign an affidavit under oath before a notary public either acknowledging
that the abusing party permanently transferred the abusing party's firearms to the third party
or agreeing to temporarily store the abusing party's firearms until such time as the abusing
party is legally permitted to possess firearms. The affidavit shall indicate the serial number,
make, and model of all firearms transferred by the abusing party to the third party. The third
party shall acknowledge in the affidavit that the third party may be held criminally and
civilly responsible under section 624.7144 if the abusing party gains access to a transferred
firearm while the firearm is in the custody of the third party. If the transfer is to a law
enforcement agency or federally licensed firearms dealer, the law enforcement agency or
federally licensed firearms dealer shall provide proof of transfer to the abusing party. The
proof of transfer must specify whether the firearms were permanently or temporarily
transferred and include the name of the abusing party, date of transfer, and the serial number,
make, and model of all transferred firearms. The abusing party shall provide the court with
a signed and notarized affidavit or proof of transfer as described in this section within two
business days of the firearms transfer. The court shall seal affidavits and proofs of transfer
filed pursuant to this paragraph.

(i) When a court issues an order containing a firearms restriction provided for in paragraph
(g), the court shall determine by a preponderance of evidence if an abusing party poses an
imminent risk of causing another person substantial bodily harm. Upon a finding of imminent
risk, the court shall order that the local law enforcement agency take immediate possession
of all firearms in the abusing party's possession. The local law enforcement agency shall
exercise due care to preserve the quality and function of the abusing party's firearms and
shall return the firearms to the person upon request after the expiration of the prohibiting
time period, provided the person is not otherwise prohibited from possessing firearms under
state or federal law. The local law enforcement agency shall, upon written notice from the
abusing party, transfer the firearms to a federally licensed firearms dealer or a third party
who may lawfully receive them. Before a local law enforcement agency transfers a firearm
under this paragraph, the agency shall require the third party or federally licensed firearms
dealer receiving the firearm to submit an affidavit or proof of transfer that complies with
the requirements for affidavits or proofs of transfer established in paragraph (h). The agency
shall file all affidavits or proofs of transfer received with the court within two business days
of the transfer. The court shall seal all affidavits or proofs of transfer filed pursuant to this
paragraph. A federally licensed firearms dealer or third party who accepts a firearm transfer
pursuant to this paragraph shall comply with paragraphs (g) and (h) as if accepting transfer
from the abusing party. If the law enforcement agency does not receive written notice from
the abusing party within three business days, the agency may charge a reasonable fee to
store the abusing party's firearms. A law enforcement agency may establish policies for
disposal of abandoned firearms, provided such policies require that the abusing party be
notified via certified mail prior to disposal of abandoned firearms.

new text begin (j) The court shall ensure that all firearms have been transferred and all proofs of transfer
submitted as required by paragraphs (g), (h), and (i), by scheduling and holding a compliance
hearing within ten business days of issuing an order containing a firearms restriction. If, at
the hearing, the court finds that the abusing party is not in compliance, the court shall take
appropriate action under the circumstances, including but not limited to a contempt
proceeding under section 588.01, subdivision 3.
new text end

Sec. 3.

Minnesota Statutes 2022, section 609.2242, subdivision 3, is amended to read:


Subd. 3.

Domestic assaults; firearms.

(a) When a person is convicted of a violation of
this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247, the court shall
determine and make written findings on the record as to whether:

(1) the assault was committed against a family or household member, as defined in
section 518B.01, subdivision 2;

(2) the defendant owns or possesses a firearm; and

(3) the firearm was used in any way during the commission of the assault.

(b) If the court determines that the assault was of a family or household member, and
that the offender owns or possesses a firearm and used it in any way during the commission
of the assault, it shall order that the firearm be summarily forfeited under section 609.5316,
subdivision 3
.

(c) When a person is convicted of assaulting a family or household member and is
determined by the court to have used a firearm in any way during commission of the assault,
the court may order that the person is prohibited from possessing any type of firearm for
any period longer than three years or for the remainder of the person's life. A person who
violates this paragraph is guilty of a gross misdemeanor. At the time of the conviction, the
court shall inform the defendant for how long the defendant is prohibited from possessing
a firearm and that it is a gross misdemeanor to violate this paragraph. The failure of the
court to provide this information to a defendant does not affect the applicability of the
firearm possession prohibition or the gross misdemeanor penalty to that defendant.

(d) Except as otherwise provided in paragraph (c), when a person is convicted of a
violation of this section or section 609.224 and the court determines that the victim was a
family or household member, the court shall inform the defendant that the defendant is
prohibited from possessing a firearm for three years from the date of conviction and that it
is a gross misdemeanor offense to violate this prohibition. The failure of the court to provide
this information to a defendant does not affect the applicability of the firearm possession
prohibition or the gross misdemeanor penalty to that defendant.

(e) Except as otherwise provided in paragraph (c), a person is not entitled to possess a
pistol if the person has been convicted after August 1, 1992, or a firearm if a person has
been convicted on or after August 1, 2014, of domestic assault under this section or assault
in the fifth degree under section 609.224 and the assault victim was a family or household
member as defined in section 518B.01, subdivision 2, unless three years have elapsed from
the date of conviction and, during that time, the person has not been convicted of any other
violation of this section or section 609.224. Property rights may not be abated but access
may be restricted by the courts. A person who possesses a firearm in violation of this
paragraph is guilty of a gross misdemeanor.

(f) Except as otherwise provided in paragraphs (b) and (h), when a person is convicted
of a violation of this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247
and the court determines that the assault was against a family or household member, the
court shall order the defendant to transfer any firearms that the person possesses, within
three business days, to a federally licensed firearms dealer, a law enforcement agency, or
a third party who may lawfully receive them. The transfer may be permanent or temporary,
unless the court prohibits the person from possessing a firearm for the remainder of the
person's life under paragraph (c). A temporary firearm transfer only entitles the receiving
party to possess the firearm. A temporary transfer does not transfer ownership or title. A
defendant may not transfer firearms to a third party who resides with the defendant. If a
defendant makes a temporary transfer, a federally licensed firearms dealer or law enforcement
agency may charge the defendant a reasonable fee to store the person's firearms and may
establish policies for disposal of abandoned firearms, provided such policies require that
the person be notified by certified mail prior to disposal of abandoned firearms. For temporary
firearms transfers under this paragraph, a law enforcement agency, federally licensed firearms
dealer, or third party shall exercise due care to preserve the quality and function of the
transferred firearms and shall return the transferred firearms to the person upon request after
the expiration of the prohibiting time period imposed under this subdivision, provided the
person is not otherwise prohibited from possessing firearms under state or federal law. The
return of temporarily transferred firearms to a person shall comply with state and federal
law. If a defendant permanently transfers the defendant's firearms to a law enforcement
agency, the agency is not required to compensate the defendant and may charge the defendant
a reasonable processing fee. A law enforcement agency is not required to accept a person's
firearm under this paragraph. The court shall order that the person surrender all permits to
carry and purchase firearms to the sheriff.

(g) A defendant who is ordered to transfer firearms under paragraph (f) must file proof
of transfer as provided for in this paragraph. If the transfer is made to a third party, the third
party must sign an affidavit under oath before a notary public either acknowledging that
the defendant permanently transferred the defendant's firearms to the third party or agreeing
to temporarily store the defendant's firearms until such time as the defendant is legally
permitted to possess firearms. The affidavit shall indicate the serial number, make, and
model of all firearms transferred by the defendant to the third party. The third party shall
acknowledge in the affidavit that the third party may be held criminally and civilly
responsible under section 624.7144 if the defendant gains access to a transferred firearm
while the firearm is in the custody of the third party. If the transfer is to a law enforcement
agency or federally licensed firearms dealer, the law enforcement agency or federally
licensed firearms dealer shall provide proof of transfer to the defendant. The proof of transfer
must specify whether the firearms were permanently or temporarily transferred and include
the name of the defendant, date of transfer, and the serial number, make, and model of all
transferred firearms. The defendant shall provide the court with a signed and notarized
affidavit or proof of transfer as described in this section within two business days of the
firearms transfer. The court shall seal affidavits and proofs of transfer filed pursuant to this
paragraph.

(h) When a person is convicted of a violation of this section or section 609.221, 609.222,
609.223, 609.224, or 609.2247, and the court determines that the assault was against a family
or household member, the court shall determine by a preponderance of the evidence if the
person poses an imminent risk of causing another person substantial bodily harm. Upon a
finding of imminent risk, the court shall order that the local law enforcement agency take
immediate possession of all firearms in the person's possession. The local law enforcement
agency shall exercise due care to preserve the quality and function of the defendant's firearms
and shall return the firearms to the person upon request after the expiration of the prohibiting
time period, provided the person is not otherwise prohibited from possessing firearms under
state or federal law. The local law enforcement agency shall, upon written notice from the
person, transfer the firearms to a federally licensed firearms dealer or a third party who may
lawfully receive them. Before a local law enforcement agency transfers a firearm under this
paragraph, the agency shall require the third party or federally licensed firearms dealer
receiving the firearm to submit an affidavit or proof of transfer that complies with the
requirements for affidavits or proofs of transfer established in paragraph (g). The agency
shall file all affidavits or proofs of transfer received with the court within two business days
of the transfer. The court shall seal all affidavits or proofs of transfer filed pursuant to this
paragraph. A federally licensed firearms dealer or third party who accepts a firearm transfer
pursuant to this paragraph shall comply with paragraphs (f) and (g) as if accepting transfer
from the defendant. If the law enforcement agency does not receive written notice from the
defendant within three business days, the agency may charge a reasonable fee to store the
defendant's firearms. A law enforcement agency may establish policies for disposal of
abandoned firearms, provided such policies require that the person be notified via certified
mail prior to disposal of abandoned firearms.

new text begin (i) The court shall ensure that all firearms have been transferred and all proofs of transfer
submitted as required by paragraphs (f), (g), and (h), by scheduling and holding a compliance
hearing within ten business days of issuing an order containing a firearms restriction. If, at
the hearing, the court finds that the abusing party is not in compliance, the court shall take
appropriate action under the circumstances, including but not limited to a contempt
proceeding under section 588.01, subdivision 3.
new text end

Sec. 4.

Minnesota Statutes 2022, section 609.749, subdivision 8, is amended to read:


Subd. 8.

Harassment; stalking; firearms.

(a) When a person is convicted of harassment
or stalking under this section and the court determines that the person used a firearm in any
way during commission of the crime, the court may order that the person is prohibited from
possessing any type of firearm for any period longer than three years or for the remainder
of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor.
At the time of the conviction, the court shall inform the defendant for how long the defendant
is prohibited from possessing a firearm and that it is a gross misdemeanor to violate this
paragraph. The failure of the court to provide this information to a defendant does not affect
the applicability of the firearm possession prohibition or the gross misdemeanor penalty to
that defendant.

(b) Except as otherwise provided in paragraph (a), when a person is convicted of
harassment or stalking under this section, the court shall inform the defendant that the
defendant is prohibited from possessing a firearm for three years from the date of conviction
and that it is a gross misdemeanor offense to violate this prohibition. The failure of the court
to provide this information to a defendant does not affect the applicability of the firearm
possession prohibition or the gross misdemeanor penalty to that defendant.

(c) Except as otherwise provided in paragraph (a), a person is not entitled to possess a
pistol if the person has been convicted after August 1, 1996, of harassment or stalking under
this section, or to possess a firearm if the person has been convicted on or after August 1,
2014, of harassment or stalking under this section, unless three years have elapsed from the
date of conviction and, during that time, the person has not been convicted of any other
violation of this section. Property rights may not be abated but access may be restricted by
the courts. A person who possesses a firearm in violation of this paragraph is guilty of a
gross misdemeanor.

(d) If the court determines that a person convicted of harassment or stalking under this
section owns or possesses a firearm and used it in any way during the commission of the
crime, it shall order that the firearm be summarily forfeited under section 609.5316,
subdivision 3
.

(e) Except as otherwise provided in paragraphs (d) and (g), when a person is convicted
of harassment or stalking under this section, the court shall order the defendant to transfer
any firearms that the person possesses, within three business days, to a federally licensed
firearms dealer, a law enforcement agency, or a third party who may lawfully receive them.
The transfer may be permanent or temporary. A temporary firearm transfer only entitles
the receiving party to possess the firearm. A temporary transfer does not transfer ownership
or title. A defendant may not transfer firearms to a third party who resides with the defendant.
If a defendant makes a temporary transfer, a federally licensed firearms dealer or law
enforcement agency may charge the defendant a reasonable fee to store the person's firearms
and may establish policies for disposal of abandoned firearms, provided such policies require
that the person be notified via certified mail prior to disposal of abandoned firearms. For
temporary firearms transfers under this paragraph, a law enforcement agency, federally
licensed firearms dealer, or third party shall exercise due care to preserve the quality and
function of the transferred firearms and shall return the transferred firearms to the person
upon request after the expiration of the prohibiting time period imposed under this
subdivision, provided the person is not otherwise prohibited from possessing firearms under
state or federal law. The return of temporarily transferred firearms to a defendant shall
comply with state and federal law. If a defendant permanently transfers the defendant's
firearms to a law enforcement agency, the agency is not required to compensate the defendant
and may charge the defendant a reasonable processing fee. A law enforcement agency is
not required to accept a person's firearm under this paragraph. The court shall order that the
person surrender all permits to carry and purchase firearms to the sheriff.

(f) A defendant who is ordered to transfer firearms under paragraph (e) must file proof
of transfer as provided for in this paragraph. If the transfer is made to a third party, the third
party must sign an affidavit under oath before a notary public either acknowledging that
the defendant permanently transferred the defendant's firearms to the third party or agreeing
to temporarily store the defendant's firearms until such time as the defendant is legally
permitted to possess firearms. The affidavit shall indicate the serial number, make, and
model of all firearms transferred by the defendant to the third party. The third party shall
acknowledge in the affidavit that the third party may be held criminally and civilly
responsible under section 624.7144 if the defendant gains access to a transferred firearm
while the firearm is in the custody of the third party. If the transfer is to a law enforcement
agency or federally licensed firearms dealer, the law enforcement agency or federally
licensed firearms dealer shall provide proof of transfer to the defendant. The proof of transfer
must specify whether the firearms were permanently or temporarily transferred and include
the name of the defendant, date of transfer, and the serial number, make, and model of all
transferred firearms. The defendant shall provide the court with a signed and notarized
affidavit or proof of transfer as described in this section within two business days of the
firearms transfer. The court shall seal affidavits and proofs of transfer filed pursuant to this
paragraph.

(g) When a person is convicted of harassment or stalking under this section, the court
shall determine by a preponderance of the evidence if the person poses an imminent risk of
causing another person substantial bodily harm. Upon a finding of imminent risk, the court
shall order that the local law enforcement agency take immediate possession of all firearms
in the person's possession. The local law enforcement agency shall exercise due care to
preserve the quality and function of the defendant's firearms and shall return the firearms
to the person upon request after the expiration of the prohibiting time period, provided the
person is not otherwise prohibited from possessing firearms under state or federal law. The
local law enforcement agency shall, upon written notice from the person, transfer the firearms
to a federally licensed firearms dealer or a third party who may lawfully receive them.
Before a local law enforcement agency transfers a firearm under this paragraph, the agency
shall require the third party or federally licensed firearms dealer receiving the firearm to
submit an affidavit or proof of transfer that complies with the requirements for affidavits
or proofs of transfer established in paragraph (f). The agency shall file all affidavits or proofs
of transfer received with the court within two business days of the transfer. The court shall
seal all affidavits or proofs of transfer filed pursuant to this paragraph. A federally licensed
firearms dealer or third party who accepts a firearm transfer pursuant to this paragraph shall
comply with paragraphs (e) and (f) as if accepting transfer from the defendant. If the law
enforcement agency does not receive written notice from the defendant within three business
days, the agency may charge a reasonable fee to store the defendant's firearms. A law
enforcement agency may establish policies for disposal of abandoned firearms, provided
such policies require that the person be notified via certified mail prior to disposal of
abandoned firearms.

new text begin (h) The court shall ensure that all firearms have been transferred and all proofs of transfer
submitted as required in paragraphs (e), (f), and (g), by scheduling and holding a compliance
hearing within ten business days of issuing an order containing a firearms restriction. If, at
the hearing, the court finds that the abusing party is not in compliance, the court shall take
appropriate action under the circumstances, including but not limited to a contempt
proceeding under section 588.01, subdivision 3.
new text end