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Minnesota Legislature

Office of the Revisor of Statutes

SF 2980

as introduced - 89th Legislature (2015 - 2016) Posted on 03/22/2016 09:05am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; enabling law enforcement and family members to
petition a court to prohibit people from possessing firearms if they pose a
significant danger to themselves or others by possessing a firearm; requiring the
commissioner of human services to create and maintain a centralized register
of individuals who voluntarily wish to be ineligible to purchase firearms for a
self-determined period of time; providing for rulemaking; amending Minnesota
Statutes 2014, sections 245.041; 624.713, by adding a subdivision; 624.7131,
subdivisions 1, 2; 624.7132, subdivisions 1, 2; 624.714, subdivision 4; Minnesota
Statutes 2015 Supplement, section 624.713, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapters 214; 245.

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

Section 1.

new text begin [214.165] VOLUNTARY DATABASE; INFORMATION.
new text end

new text begin Mental health professionals, as defined in section 245.462, subdivision 18;
physicians licensed under chapter 147; and nurses licensed under sections 148.171 to
148.285, who are issued a credential by one of the health-related licensing boards, may
provide to each patient or client the information sheet established by the commissioner of
human services under section 245.0412 that:
new text end

new text begin (1) describes the process by which the patient or client may voluntarily request
placement of the patient's or client's own name in the database to be denied a firearms
permit and be prohibited from purchasing firearms; and
new text end

new text begin (2) informs the patient or client that the patient or client may voluntarily transfer
some or all of the patient's or client's firearms and ammunition to a chief of police, sheriff,
or federally licensed firearms dealer.
new text end

Sec. 2.

Minnesota Statutes 2014, section 245.041, is amended to read:


245.041 PROVISION OF FIREARMS AND EXPLOSIVES BACKGROUND
CHECK INFORMATION.

new text begin (a) new text endNotwithstanding section 253B.23, subdivision 9, the commissioner of human
services shall provide commitment information to local law enforcement agencies on an
individual request basis by means of electronic data transfer from the Department of
Human Services through the Minnesota Crime Information System for the sole purpose of
facilitating a firearms background check under section 624.7131, 624.7132, or 624.714,
or an explosives background check under section 299F.73, 299F.74, 299F.75, 299F.77,
or 299F.785. The information to be provided is limited to whether the person has been
committed under chapter 253B and, if so, the type of commitment.

new text begin (b) The commissioner of human services shall provide the identities of adult
individuals who have voluntarily placed their names in the commissioner's voluntary
database of individuals who wish to be denied a firearms permit and be prohibited from
purchasing firearms, in accordance with section 245.0411, to local law enforcement
agencies on an individual-request basis by means of electronic data transfer from the
Department of Human Services through the Minnesota Crime Information System for the
purpose of facilitating a firearms background check under section 624.7131, 624.7132, or
624.714, or an explosives background check under section 299F.73, 299F.74, 299F.75,
299F.77, or 299F.785. The information provided is limited to whether the person has
voluntarily submitted a request to be listed.
new text end

Sec. 3.

new text begin [245.0411] VOLUNTARY DATABASE FOR FIREARMS PERMIT
DENIAL.
new text end

new text begin Subdivision 1. new text end

new text begin Central database; establishment. new text end

new text begin The commissioner of human
services shall establish and maintain an electronic central database of the names of adult
persons who voluntarily submit a request to be denied a firearms permit and be prohibited
from purchasing firearms. The commissioner shall establish a process for an individual to
submit the request and to affirm the individual's identity.
new text end

new text begin Subd. 2. new text end

new text begin Duties of commissioner. new text end

new text begin (a) The commissioner shall establish a form
to be submitted by an individual who wishes to have that individual's name entered in
the voluntary database in order to be denied a firearms permit and be prohibited from
purchasing firearms. The commissioner shall make the form available to health care
providers, mental health providers, and the public.
new text end

new text begin (b) The commissioner shall develop an information sheet to be distributed to patients
or clients by health care and mental health professionals that describes how the patient
or client can voluntarily have the patient's or client's name placed in the commissioner's
voluntary database.
new text end

new text begin (c) The commissioner shall establish a retention schedule and a process by which an
individual can have the individual's name removed from the voluntary database.
new text end

new text begin (d) The commissioner shall provide access to the names reported under this section,
through electronic data transfer from the Department of Human Services to the Minnesota
Crime Information System, for the sole purpose of facilitating firearms background checks
under section 624.7131, 624.7132, or 624.714, or an explosives background check under
section 299F.73, 299F.74, 299F.75, 299F.77, or 299F.785. Data shall not be released at
any time for any other purpose.
new text end

new text begin (e) The commissioner shall adopt rules to administer the voluntary database and
make information available through electronic data transfer to the Minnesota Crime
Information System.
new text end

new text begin Subd. 3. new text end

new text begin Data. new text end

new text begin Data on individuals collected by the commissioner under this section
are private data on individuals as defined in section 13.02, subdivision 12, and may be
used only for the purposes specified in subdivision 2 and section 245.041, paragraph (b),
according to rules adopted by the commissioner.
new text end

Sec. 4.

new text begin [245.0412] VOLUNTARY FIREARM TRANSFER; LAW
ENFORCEMENT ROLE.
new text end

new text begin (a) Any person who has voluntarily requested and been granted inclusion in the
voluntary database created by the commissioner of human services under section 245.0411,
subdivision 2, may transfer any number or amount of firearms and ammunition owned or
possessed by the person to the chief of police or sheriff in any jurisdiction, or to a federally
licensed firearms dealer. Any transfer of items under this section is a voluntary act and
may be reversed upon request by the person in accordance with policies developed by the
chief or sheriff. Unless a reversal of the transfer and return of the items is requested in
writing by the person, the transfer is limited to and may not exceed in duration the fixed or
contingent time period specified by the person at the time of the transfer, plus any voluntary
written renewal or extension of that term provided to the chief or sheriff by the person.
new text end

new text begin (b) A chief, sheriff, or federally licensed firearms dealer accepting firearms and
ammunition transferred by a person under section 245.0411, subdivision 2, may charge
the person a reasonable fee to store the firearms and may establish policies for disposal of
abandoned firearms, provided the policies require that the respondent be notified prior to
disposal of abandoned firearms.
new text end

new text begin (c) Upon the voluntary transfer of any firearms and ammunition by a person acting
under section 245.0411, subdivision 2, the chief of police, sheriff, or federally licensed
firearms dealer must issue the person a detailed receipt for the items and, if necessary, must
label the items in a manner designed to preserve record of ownership. At any time, the
person may request that the firearms and ammunition be returned to that person by the chief,
sheriff, or federally licensed firearms dealer or that they be assigned to another person. The
person is not eligible for return of the firearms and ammunition until the person's name is
removed from the voluntary database. Before releasing any voluntarily transferred items
to the person or the person's assignee, the chief, sheriff, or federally licensed firearms
dealer must confirm that the person is not otherwise prohibited from possessing firearms
under state or federal law. A federally licensed firearms dealer returning any voluntarily
transferred items shall comply with state and federal law as though transferring a firearm
from the dealer's own inventory. Proof that an assignee is validly licensed as a federal
firearms dealer under United States Code, title 18, section 923, is sufficient evidence that
the assignee is not prohibited by law from possessing firearms for purposes of this section.
new text end

new text begin (d) If a person acting in accordance with section 245.0411, subdivision 2, transfers
firearms and ammunition owned by another person, the lawful owner may request the
return of the items to that owner or an assignee. In processing the request, the chief,
sheriff, or federally licensed firearms dealer must follow the same procedures as would be
required for return of the items to the person having made the transfer.
new text end

new text begin (e) All information related to the voluntary transfer of firearms and ammunition to
a chief of police, sheriff, or federally licensed firearms dealer in accordance with this
section and section 245.0411, subdivision 2, is private data on individuals, as defined
in section 13.02, subdivision 12.
new text end

new text begin (f) A chief of police, sheriff, or federally licensed firearms dealer acting in good
faith and with reasonable prudence under this section is not liable for any damage or
deterioration due to transportation or storage of any firearms or ammunition accepted and
held pursuant to section 245.0411, subdivision 2.
new text end

new text begin (g) Nothing in this section is intended to supersede any other state or federal law
governing the seizure and confiscation of firearms for just cause.
new text end

Sec. 5.

new text begin [245.9901] GUN VIOLENCE PROTECTIVE ORDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in sections 245.9901 to 245.9906, the term
"family or household members" has the meaning given in section 518B.01, subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Generally. new text end

new text begin (a) There shall exist an action known as a petition for a gun
violence protective order for protection from gun violence, which order shall enjoin and
prohibit the respondent from possessing firearms for a fixed period. An order may be
sought after a hearing as provided in section 245.9902 or as an ex parte emergency order
as provided in section 245.9904.
new text end

new text begin (b) A petition for relief under sections 245.9901 to 245.9906 may be made by any
family or household members, or by a law enforcement officer, or by a guardian as defined
in section 524.1-201, clause (26).
new text end

new text begin (c) A petition for relief shall allege that the respondent poses a significant danger
of bodily injury to self or to other persons by possessing a firearm, and shall allege that
less restrictive alternatives are inadequate or inappropriate to the circumstances. The
petition shall be accompanied by an affidavit made under oath stating specific facts and
circumstances forming a basis to allege that a gun violence protective order should be
granted. The affidavit may include, but is not limited to, evidence showing any of the
factors described in subdivision 3.
new text end

new text begin (d) A petition for emergency relief under section 245.9904 shall additionally allege
that the respondent presents an immediate and present danger of bodily injury.
new text end

new text begin (e) A petition for relief must state whether there is an existing order in effect under
sections 245.9901 to 245.9906, or chapter 260C or 518B governing the respondent and
whether there is a pending lawsuit, complaint, petition, or other action between the parties
under sections 245.9901 to 245.9906, or chapter 257, 518, 518A, 518B, or 518C. The
court administrator shall verify the terms of any existing order governing the parties. The
court may not delay granting relief because of the existence of a pending action between
the parties or the necessity of verifying the terms of an existing order. A petition for relief
may be granted whether or not there is a pending action between the parties.
new text end

new text begin (f) A petition for relief must describe, to the best of the petitioner's knowledge,
the types and location of any firearms believed by the petitioner to be possessed by the
respondent.
new text end

new text begin (g) The court shall provide simplified forms and clerical assistance to help with the
writing and filing of a petition under this section.
new text end

new text begin (h) The court shall advise a petitioner of the right to file a motion and affidavit and to
sue in forma pauperis, pursuant to section 563.01, and shall assist with the writing and
filing of the motion and affidavit.
new text end

new text begin (i) A gun violence protective order issued under sections 245.9901 to 245.9906
applies throughout the state.
new text end

new text begin (j) Any proceeding under sections 245.9901 to 245.9906 shall be in addition to
other civil or criminal remedies.
new text end

new text begin (k) All health records and other health information provided in a petition or
considered as evidence in a proceeding under sections 245.9901 to 245.9906 shall be
protected from public disclosure but may be provided to law enforcement agencies as
described in this section.
new text end

new text begin (l) Any gun violence protective order or subsequent extension issued under sections
245.9901 to 245.9906 shall be forwarded by the court administrator within 24 hours to
the local law enforcement agency with jurisdiction over the residence of the respondent.
Each appropriate law enforcement agency shall make available to other law enforcement
officers, through a system for verification, information as to the existence and status of any
gun violence protective order issued under sections 245.9901 to 245.9906.
new text end

new text begin Subd. 3. new text end

new text begin Grounds for gun violence protective order. new text end

new text begin The petitioner may provide
any of the following factors as evidence for the court to consider when deciding whether
to grant an order for protection from gun violence. The court may consider any of the
following factors, whether or not the petitioner has provided evidence of the same:
new text end

new text begin (1) a history of threats or acts of violence by the respondent directed toward the
respondent's self or another person;
new text end

new text begin (2) the history of use, attempted use, or threatened use of physical force by the
respondent against another person;
new text end

new text begin (3) a violation of any court order including, but not limited to, orders issued under
sections 245.9901 to 245.9906, or chapter 260C or 518B;
new text end

new text begin (4) a prior arrest for a felony offense;
new text end

new text begin (5) a conviction or prior arrest for a violent misdemeanor offense, for a stalking
offense under section 609.749, or for domestic assault under section 609.2242;
new text end

new text begin (6) the unlawful and reckless use, display, or brandishing of a firearm by the
respondent; and
new text end

new text begin (7) a conviction for an offense involving controlled substances or alcohol factored
against countervailing evidence of recovery from abuse of controlled substances or alcohol.
new text end

Sec. 6.

new text begin [245.9902] GUN VIOLENCE PROTECTIVE ORDERS ISSUED AFTER
HEARING.
new text end

new text begin Subdivision 1. new text end

new text begin Hearing. new text end

new text begin (a) Upon receipt of the petition for an order after a hearing,
the court shall order a hearing which shall be held not later than 14 days from the date
of the order for hearing.
new text end

new text begin (b) The court shall advise the petitioner of the right to request an emergency gun
violence protective order under section 245.9904 separately from or simultaneously with
the petition under this subdivision.
new text end

new text begin (c) Personal service of notice for the hearing may be made upon the respondent at
any time up to 12 hours prior to the time set for the hearing, provided that the respondent
at the hearing may request a continuance of up to five days if the respondent is served
fewer than five days prior to the hearing, which continuance shall be granted unless there
are compelling reasons not to do so. If the court grants the requested continuance, and
an existing emergency order under section 245.9904 will expire due to the continuance,
the court shall also issue a written order continuing the emergency order pending the new
time set for the hearing.
new text end

new text begin (d) Service on the respondent may be made by one-week published notice, as
provided under section 645.11, provided the petitioner files with the court an affidavit
stating that an attempt at personal service made by a sheriff or other law enforcement
or corrections officer was unsuccessful because the respondent is avoiding service by
concealment or otherwise, and that a copy of the petition and notice of hearing has been
mailed to the respondent at the respondent's residence or that the residence is not known
to the petitioner. Service under this paragraph is complete seven days after publication.
The court shall set a new hearing date if necessary to allow the respondent the 12-hour
minimum notice period required under paragraph (c) or if the respondent is not served
within five days before the hearing and requests a continuance under paragraph (c).
new text end

new text begin Subd. 2. new text end

new text begin Relief by court. new text end

new text begin (a) At the hearing, the petitioner must prove by a
preponderance of the evidence that (1) the respondent poses a significant danger of bodily
injury to self or other persons by possessing a firearm, and (2) less-restrictive alternatives
are inadequate or inappropriate to the circumstances.
new text end

new text begin (b) In determining whether to grant the order after a hearing, the court shall consider
evidence of all facts identified in section 245.9901, subdivision 3, and may consider any
other evidence that bears on whether the respondent poses a danger to the respondent's
self or others.
new text end

new text begin (c) If the court finds there is a preponderance of the evidence to issue a gun violence
protective order, the court shall issue the order prohibiting the person from possessing
a firearm for the duration of the order. The court shall inform the respondent that the
respondent is prohibited from possessing firearms and shall issue a transfer order under
section 245.9905.
new text end

new text begin (d) The order shall have a fixed period, to be determined by the court, of not less
than six months and not more than two years, subject to renewal or extension under
section 245.9903.
new text end

new text begin (e) If there is no existing emergency order under section 245.9904 at the time an
order is granted under this section, the court shall determine by a preponderance of the
evidence whether the respondent presents an immediate and present danger of bodily
injury. If the court so determines, the transfer order shall include the provisions described
in section 245.9905, paragraph (c).
new text end

new text begin (f) If, after a hearing, the court does not issue an order of protection, the court shall
vacate any emergency gun violence protective order currently in effect.
new text end

Sec. 7.

new text begin [245.9903] SUBSEQUENT EXTENSIONS.
new text end

new text begin Upon application by any party entitled to petition for an order under section
245.9902, and after notice to the respondent and a hearing, the court may extend the relief
granted in an existing order granted after a hearing under section 245.9902. Application
for an extension may be made any time within the three months before the expiration of
the existing order. The order may be extended for a fixed period of at least six months and
not to exceed two years, if the court makes the same findings by a preponderance of the
evidence as required for granting of an initial order under section 245.9902, subdivision
2, paragraph (c). The court shall consider the same types of evidence as required for the
initial order under section 245.9902, subdivision 2, paragraph (b).
new text end

Sec. 8.

new text begin [245.9904] EMERGENCY ISSUANCE OF GUN VIOLENCE
PROTECTIVE ORDER.
new text end

new text begin (a) In determining whether to grant an emergency gun violence protective order the
court shall consider evidence of all facts identified in section 245.9901, subdivision 3,
and may consider any other evidence that bears on whether the respondent poses a danger
to the respondent's self or other persons.
new text end

new text begin (b) The court shall advise the petitioner of the right to request an order after a hearing
under section 245.9902, separately from or simultaneously with the petition.
new text end

new text begin (c) If the court finds there is reasonable grounds that (1) respondent poses a
significant danger of bodily injury to the respondent's self or to other persons by
possessing a firearm, (2) less restrictive alternatives are inappropriate or inadequate to the
circumstances, and (3) respondent presents an immediate and present danger of bodily
injury, the court shall issue an ex parte emergency order prohibiting the respondent from
possessing a firearm for the duration of the order. The order shall inform the respondent
that the respondent is prohibited from possessing firearms and shall issue a transfer order
under section 245.9905, paragraph (c).
new text end

new text begin (d) A finding by the court that there is a basis for issuing an emergency gun violence
protective order constitutes a finding that sufficient reasons exist not to require notice
under applicable court rules governing applications for ex parte relief.
new text end

new text begin (e) The emergency order shall have a fixed period of 14 days, unless a hearing is
set under section 245.9902 on an earlier date, in which case the order shall expire upon a
judge's finding that no order is issued under section 245.9902.
new text end

new text begin (f) Except as provided in paragraph (g), the respondent shall be personally served
immediately with a copy of the emergency order and a copy of the petition and, if a hearing
is requested by the petitioner under section 245.9902, notice of the date set for the hearing.
If the petitioner does not request a hearing under section 245.9902, an order served on a
respondent under this subdivision must include a notice advising the respondent of the
right to request a hearing challenging the issuance of the emergency order, and must be
accompanied by a form that can be used by the respondent to request a hearing.
new text end

new text begin (g) Service of the emergency order may be made by published notice, as provided
under section 245.9902, subdivision 1, paragraph (d), provided that the petitioner files
the affidavit required under that subdivision. If the petitioner does not request a hearing
under section 245.9902, the petition mailed to the respondent's residence, if known, must
be accompanied by the form for requesting a hearing described in paragraph (f).
new text end

Sec. 9.

new text begin [245.9905] TRANSFER OF FIREARMS.
new text end

new text begin (a) Upon issuance of a gun violence protective order, the court shall direct the
respondent to transfer any firearms the person possesses, within 24 hours, to a federally
licensed firearms dealer or a law enforcement agency. The transfer may be permanent
or temporary. A temporary firearm transfer only entitles the receiving party to possess
the firearm and does not transfer ownership or title. If the respondent makes a temporary
transfer, a federally licensed firearms dealer or law enforcement agency may charge the
respondent a reasonable fee to store the firearms and may establish policies for disposal of
abandoned firearms, provided these policies require that the respondent be notified prior
to disposal of abandoned firearms. For temporary firearms transfers under this section, a
law enforcement agency or federally licensed firearms dealer shall return the transferred
firearms to the respondent upon request after the expiration of the order, provided the
respondent is not otherwise prohibited from possessing firearms under state or federal law.
A federally licensed firearms dealer returning firearms shall comply with state and federal
law as though transferring a firearm from the dealer's own inventory. If a respondent
permanently transfers the respondent's firearms to a law enforcement agency, the agency is
not required to compensate the respondent and may charge the respondent a reasonable
processing fee. A law enforcement agency is not required to accept a respondent's firearm
under this section.
new text end

new text begin (b) The respondent must file proof of transfer as provided in this paragraph. A law
enforcement agency or federally licensed firearms dealer accepting transfer of a firearm
pursuant to this section shall provide proof of transfer to the respondent. The proof of
transfer must specify whether the firearms were permanently or temporarily transferred
and must include the name of the respondent, date of transfer, and the serial number,
manufacturer, and model of all transferred firearms. The respondent shall, within two
business days after being served with the order: (1) file a copy of proof of transfer with
the court, and attest that all firearms owned or possessed at the time of the order have
been transferred in accordance with this section and that the person currently does not
possess any firearms, or (2) attest that, at the time of the order, the respondent neither
owned nor possessed any firearms, and that the respondent currently neither owns nor
possesses any firearms.
new text end

new text begin (c) If a court issues an emergency order under section 245.9904, or makes a finding
of immediate and present danger under section 245.9902, subdivision 2, paragraph (e), the
court shall order the local law enforcement agency to take immediate possession of all
firearms in the respondent's possession. The local law enforcement agency shall return
the firearms to the respondent upon request after the expiration of the order, provided the
respondent is not otherwise prohibited from possessing firearms under state or federal law.
The local law enforcement agency shall, upon written notice from the respondent, transfer
the firearms to a federally licensed firearms dealer. Before a local law enforcement
agency transfers a firearm under this paragraph, the agency shall require the federally
licensed firearms dealer receiving the firearm to submit a proof of transfer that complies
with the requirements for proofs of transfer established in paragraph (b). The agency
shall file all proofs of transfer received with the court within two business days of the
transfer. A federally licensed firearms dealer who accepts a firearm transfer pursuant to
this paragraph shall comply with paragraphs (a) and (b) as if accepting transfer directly
from the respondent. If the law enforcement agency does not receive written notice from
the respondent within three business days, the agency may charge a reasonable fee to store
respondent's firearms. A law enforcement agency may establish policies for disposal of
abandoned firearms, provided these policies require that the respondent be notified prior to
disposal of abandoned firearms.
new text end

new text begin (d) After a nonemergency gun violence protective order is issued, the court may, upon
request of the respondent and consent of the petitioner or other person duly authorized by
the court, grant the respondent limited access to firearms for the purpose of participation
in a sporting or recreational activity only. In the circumstances under this paragraph, an
authorized family member or person authorized in the order, may temporarily grant access
to a firearm for purposes of engagement in the recreational activity. Access to the firearm
shall be with the written consent of the respondent's treating physician and only for the
time period in which the sporting or recreational activity is being undertaken.
new text end

Sec. 10.

new text begin [245.9906] OFFENSES.
new text end

new text begin Subdivision 1. new text end

new text begin False information or harassment. new text end

new text begin A person who petitions for a gun
violence protective order under section 245.9902 or 245.9904, knowing any information
in the petition to be materially false or with the intent to harass, abuse, or threaten, is
guilty of a misdemeanor.
new text end

new text begin Subd. 2. new text end

new text begin Violation of order. new text end

new text begin A person who possesses a firearm and knows or should
have known that the person is prohibited from doing so by a gun violence protective order
under section 245.9902 or 245.9904, or by an order of protection granted by a judge or
referee pursuant to a substantially similar law of another state, is guilty of a misdemeanor
and shall be prohibited from possessing firearms for a period of five years. Each gun
violence protective order granted under this chapter must contain a conspicuous notice to
the respondent regarding the penalty for violation of the order.
new text end

Sec. 11.

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 or has ever been 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, 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 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 4;

(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 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); 609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring
gun); 609.71 (riot); or 609.749 (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 deleted text begin8deleted text endnew text begin 3new text end (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); deleted text beginor
deleted text end

(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)deleted text begin.deleted text endnew text begin; or
new text end

new text begin (14) a person who is subject to a gun violence protective order as described in
section 245.9902 or 245.9904.
new text end

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.

Sec. 12.

Minnesota Statutes 2014, section 624.713, is amended by adding a subdivision
to read:


new text begin Subd. 5a. new text end

new text begin Voluntary database; ineligible to possess. new text end

new text begin Notwithstanding any penalty
provided in this section or any other statute related to the possession or attempted purchase
of firearms or ammunition, a person who is prohibited from purchasing firearms solely
as a result of having voluntarily requested listing in the voluntary register established by
the commissioner of human services according to section 245.0411, is prohibited from
purchasing any firearm and ammunition during the duration of the listing.
new text end

Sec. 13.

Minnesota Statutes 2014, 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 of commitment information new text beginand information contained in the voluntary
database established by section 245.0411
new text endabout the proposed transferee maintained by the
commissioner of human services, new text beginas provided in section 245.041, new text endto the extent that the
information relates to the proposed transferee's eligibility to possess new text beginor purchase new text enda pistol or
semiautomatic military-style assault weapon under section 624.713, subdivision 1new text begin or 5new 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. 14.

Minnesota Statutes 2014, 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 new text beginand information contained
in the voluntary database established by section 245.0411
new text endfrom the commissioner of
human services as provided in section 245.041.

Sec. 15.

Minnesota Statutes 2014, 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 new text beginfrom the
commissioner of human services
new text endto the local police authority of deleted text begincommitmentdeleted text end information
about the proposed transferee deleted text beginmaintained by the commissioner of human services
deleted text endnew text beginregarding commitment, as provided in section 245.041, and information contained
in the voluntary database established by section 245.0411
new text end, to the extent that the
information relates to the proposed transferee's eligibility to possess new text beginor purchase new text enda pistol or
semiautomatic military-style assault weapon under section 624.713, subdivision 1new text begin or 5new 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. 16.

Minnesota Statutes 2014, 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 obtainnew text begin, from
the commissioner of human services,
new text end commitment information deleted text beginfrom the commissioner of
human services
deleted text end as provided in section 245.041new text begin and information contained in the voluntary
database established by section 245.0411
new text end.

Sec. 17.

Minnesota Statutes 2014, section 624.714, subdivision 4, is amended to read:


Subd. 4.

Investigation.

(a) The sheriff must check, by means of electronic data
transfer, criminal records, histories, and warrant information on each applicant through
the Minnesota Crime Information System and the National Instant Criminal Background
Check System. The sheriff shall also make a reasonable effort to check other available
and relevant federal, state, or local record-keeping systems. The sheriff must obtainnew text begin, from
the commissioner of human services,
new text end commitment information deleted text beginfrom the commissioner of
human services
deleted text end as provided in section 245.041 new text beginand information contained in the voluntary
database established by section 245.0411
new text endor, if the information is reasonably available, as
provided by a similar statute from another state.

(b) When an application for a permit is filed under this section, the sheriff must notify
the chief of police, if any, of the municipality where the applicant resides. The police chief
may provide the sheriff with any information relevant to the issuance of the permit.

(c) The sheriff must conduct a background check by means of electronic data transfer
on a permit holder through the Minnesota Crime Information System and the National
Instant Criminal Background Check System at least yearly to ensure continuing eligibility.
The sheriff may also conduct additional background checks by means of electronic data
transfer on a permit holder at any time during the period that a permit is in effect.

Sec. 18. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 17 are effective January 1, 2017, and apply to firearm permit
background checks made on or after that date.
new text end