Minnesota Legislature
SF 2779
as introduced - 90th Legislature (2017 - 2018) Posted on 03/09/2018 09:29am
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A bill for an act
relating to public safety; requiring the Bureau of Criminal Apprehension to create
and maintain a centralized register of individuals who voluntarily choose to be
ineligible to purchase firearms for a self-determined period of time; amending
Minnesota Statutes 2016, sections 624.7131, subdivisions 1, 2, 4, 9; 624.7132,
subdivisions 1, 2, 5, 6, 10, 13; proposing coding for new law in Minnesota Statutes,
chapter 624.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 624.7131, subdivision 1, is amended to read:
Subdivision 1.
Information.
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 ofnew text begin : (i)new text end 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 1new text begin , and (ii) information contained in the voluntary database
established under section 624.7163new text end ; 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.
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 clause (3) 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. 2.
Minnesota Statutes 2016, section 624.7131, subdivision 2, is amended to read:
Subd. 2.
Investigation.
The chief of police or sheriff shall check criminal histories,
records and warrant information relating to the applicant through the Minnesota Crime
Information System, the national criminal record repository, and the National Instant Criminal
Background Check System. The chief of police or sheriff shall also make a reasonable effort
to check other available state and local record-keeping systems. The chief of police or sheriff
shall obtain commitment information from the commissioner of human services as provided
in section 245.041new text begin and information contained in the voluntary database established under
section 624.7163 from the superintendent of the Bureau of Criminal Apprehensionnew text end .
Sec. 3.
Minnesota Statutes 2016, section 624.7131, subdivision 4, is amended to read:
Subd. 4.
Grounds for disqualification.
A deleted text begin determination by thedeleted text end chief of police or sheriff
deleted text begin thatdeleted text end new text begin shall refuse to grant a transferee permit ifnew text end the applicant isnew text begin : (1)new text end 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 permitdeleted text end new text begin ; or (2) listed in the voluntary database
under section 624.7163new text end .
Sec. 4.
Minnesota Statutes 2016, section 624.7131, subdivision 9, is amended to read:
Sec. 5.
Minnesota Statutes 2016, section 624.7132, subdivision 1, is amended to read:
Subdivision 1.
Required information.
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 ofnew text begin : (i)new text end 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 1new text begin , and (ii) information contained in the voluntary database
established under section 624.7163 from the superintendent of the Bureau of Criminal
Apprehensionnew text end ;
(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; and
(5) the address of the place of business of the transferor.
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 clause (3) 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. 6.
Minnesota Statutes 2016, section 624.7132, subdivision 2, is amended to read:
Subd. 2.
Investigation.
Upon receipt of a transfer report, the chief of police or sheriff
shall check criminal histories, records and warrant information relating to the proposed
transferee through the Minnesota Crime Information System, the national criminal record
repository, and the National Instant Criminal Background Check System. The chief of police
or sheriff shall also make a reasonable effort to check other available state and local
record-keeping systems. The chief of police or sheriff shall obtain commitment information
from the commissioner of human services as provided in section 245.041new text begin and information
contained in the voluntary database established under section 624.7163 from the
superintendent of the Bureau of Criminal Apprehensionnew text end .
Sec. 7.
Minnesota Statutes 2016, section 624.7132, subdivision 5, is amended to read:
Subd. 5.
Grounds for disqualification.
A deleted text begin determination by thedeleted text end chief of police or sheriff
deleted text begin thatdeleted text end new text begin shall notifynew text end the proposed transferee new text begin of disqualification under this section if the proposed
transferee new text end isnew text begin : (1)new text end 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 sectiondeleted text end new text begin ; or (2) listed in the voluntary database under section 624.7163new text end .
Sec. 8.
Minnesota Statutes 2016, 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 weaponnew text begin or section 624.7163 from purchasing a pistol or semiautomatic
military-style assault weaponnew 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. 9.
Minnesota Statutes 2016, section 624.7132, subdivision 10, is amended to read:
Subd. 10.
Restriction on records.
If, after a determination that the transferee is not a
person prohibited by section 624.713 from possessing a pistol or semiautomatic military-style
assault weaponnew text begin or section 624.7163 from purchasing a pistol or semiautomatic military-style
assault weaponnew text end , a transferee requests that no record be maintained of the fact of who is the
transferee of a pistol or semiautomatic military-style assault weapon, the chief of police or
sheriff shall sign the transfer report and return it to the transferee as soon as possible.
Thereafter, no government employee or agency shall maintain a record of the transfer that
identifies the transferee, and the transferee shall retain the report of transfer.
Sec. 10.
Minnesota Statutes 2016, 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
that the person is prohibited by section 624.713 from possessing a pistol or semiautomatic
military-style assault weaponnew text begin or section 624.7163 from purchasing a pistol or semiautomatic
military-style assault weaponnew text end may appeal the determination as provided in this subdivision.
The district court shall have jurisdiction of proceedings under this subdivision.
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 624.713new text begin or purchasing a pistol or
semiautomatic military-style assault weapon by section 624.7163new text end .
Sec. 11.
new text begin
[624.7163] VOLUNTARY PROHIBITION ON HANDGUN PURCHASES.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the terms in this
subdivision have the meanings given them.
new text end
new text begin
(b) "Bureau" means the Bureau of Criminal Apprehension.
new text end
new text begin
(c) "Pistol" has the meaning given in section 624.712, subdivision 2.
new text end
new text begin
(d) "Semiautomatic military-style assault weapon" has the meaning given in section
624.712, subdivision 7.
new text end
new text begin Subd. 2. new text end
new text begin Prohibition. new text end
new text begin
(a) The bureau shall develop a form for an individual to submit
to the bureau to request, or to renew a request, that the individual be prohibited from
purchasing a pistol, semiautomatic military-style assault weapon, or any other firearm. The
form must provide the individual the choice of term of prohibition as follows:
new text end
new text begin
(1) a one-year, irrevocable term;
new text end
new text begin
(2) a five-year term, the first year irrevocable; or
new text end
new text begin
(3) a 20-year term, the first year irrevocable.
new text end
new text begin
(b) If an individual submits a form requesting that the individual be prohibited from
purchasing a pistol, semiautomatic military-style assault weapon, or any other firearm, the
bureau shall enter the individual's identifying information into a database maintained by
the bureau.
new text end
new text begin
(c) The bureau shall remove the individual's identifying information from the database
under paragraph (b) if any of the following occurs:
new text end
new text begin
(1) after the term under paragraph (a) expires, the individual submits a form developed
by the bureau requesting that the individual's identifying information be removed. A term
that has expired and has not been renewed continues until revoked under this paragraph; or
new text end
new text begin
(2) before the term under paragraph (a), clause (2) or (3), expires but after it becomes
revocable, the individual submits a form developed by the bureau requesting that the
individual's identifying information be removed. The individual shall submit an affidavit
from a psychiatrist licensed under chapter 147 or a psychologist licensed under chapter 148
stating that, to the best of the psychiatrist's or psychologist's knowledge, the individual may
possess a firearm without posing a danger to the individual's self or to another.
new text end
new text begin
(d) The bureau may disclose an individual's identifying information included in the
database under paragraph (b) only as part of an investigation under section 624.7132,
subdivision 2, or to the individual who is the subject of the information.
new text end