SF 3343

as introduced - 93rd Legislature (2023 - 2024) Posted on 05/18/2023 08:34am

A bill for an act
relating to public safety; providing an exception to the crime of illegal possession
of a firearm in certain situations; amending Minnesota Statutes 2022, sections
609.165, subdivision 1b; 624.713, subdivision 2.

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

Section 1.

Minnesota Statutes 2022, section 609.165, subdivision 1b, is amended to read:

Subd. 1b.

Violation and penalty.

(a) Any person who has been convicted of a crime of
violence, as defined in section 624.712, subdivision 5, and who ships, transports, possesses,
or receives a firearm or ammunition, commits a felony and may be sentenced to imprisonment
for not more than 15 years or to payment of a fine of not more than $30,000, or both.

(b) A conviction and sentencing under this section shall be construed to bar a conviction
and sentencing for a violation of section 624.713, subdivision 2.

(c) The criminal penalty in paragraph (a) does not apply to any person who has received
a relief of disability under United States Code, title 18, section 925, or whose ability to
possess firearms and ammunition has been restored under subdivision 1d.

new text begin (d) A person who is otherwise prohibited from possessing a firearm, ammunition, or
explosive under Minnesota law is not prohibited under paragraph (a) from doing so
exclusively for the purposes of surrendering such an item to law enforcement without undue
delay. This paragraph does not grant immunity for any crimes committed with that item,
including prior unlawful possession of the item if the person surrendering the item knowingly
had prior possession of it without the intent to surrender it to law enforcement.
new text end

Sec. 2.

Minnesota Statutes 2022, section 624.713, subdivision 2, is amended to read:

Subd. 2.

Penalties.

(a) A person named in subdivision 1, clause (1), who possesses
ammunition or a pistol or semiautomatic military-style assault weapon in violation of that
clause is guilty of a felony and may be sentenced to imprisonment for not more than five
years or to payment of a fine of not more than $10,000, or both.

(b) A person named in subdivision 1, clause (2), who possesses any type of firearm or
ammunition is guilty of a felony and may be sentenced to imprisonment for not more than
15 years or to payment of a fine of not more than $30,000, or both. This paragraph does not
apply to any person who has received a relief of disability under United States Code, title
18, section 925, or whose ability to possess firearms and ammunition has been restored
under section 609.165, subdivision 1d.

(c) A person named in any other clause of subdivision 1 who possesses any type of
firearm or ammunition is guilty of a gross misdemeanor.

new text begin (d) A person who is otherwise prohibited from possessing a firearm, ammunition, or
explosive under Minnesota law is not prohibited under this subdivision from doing so
exclusively for the purposes of surrendering such an item to law enforcement without undue
delay. This paragraph does not grant immunity for any crimes committed with that item,
including prior unlawful possession of the item if the person surrendering the item knowingly
had prior possession of it without the intent to surrender it to law enforcement.
new text end