as introduced - 92nd Legislature (2021 - 2022) Posted on 02/25/2022 10:24am
A bill for an act
relating to public safety; providing for the reasonable regulation of firearms;
providing for rulemaking; amending Minnesota Statutes 2020, sections 97B.015,
subdivision 1; 97B.021, subdivisions 1, 1a; 609.666; 624.712, subdivisions 6, 7,
by adding subdivisions; 624.714, subdivision 2a, by adding a subdivision; 624.7151;
proposing coding for new law in Minnesota Statutes, chapters 299A; 624.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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To protect the life and liberty of Minnesotans from gun violence by people who would
deny them those rights, it is necessary to implement a rational regulatory system for firearms
similar to Minnesota's long-standing system for licensing drivers and registering motor
vehicles. Motor vehicles have lawful purposes but they can be deadly, likewise for firearms.
Motor vehicle ownership and use has been responsibly regulated resulting in reductions in
motor vehicle fatalities. A similar system of rational and responsible regulation of firearms
would result in reductions in firearms-related fatalities as well.
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The United States Supreme Court has held that the Second Amendment guarantees an
individual right to bear arms in self-defense. However, the court acknowledged that
reasonable restrictions may be placed on firearms, some of which have long been effectively
banned from private ownership. This legislation is consistent with the court's holdings and
strikes a proper balance between an individual's right to bear arms and the compelling
interests of the state both in ensuring that dangerous persons do not get access to firearms
and protecting its citizens from gun violence.
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Nothing in this legislation infringes on the constitutional right to keep and bear arms.
The legislation is narrowly tailored to achieve a compelling state interest while placing
minimal burdens on individuals who wish to own and possess a firearm.
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Minnesota Statutes 2020, section 97B.015, subdivision 1, is amended to read:
new text begin (a) new text end The commissioner shall establish a statewide course
in the safe use of firearms and identification of wild mammals and birds. A course may be
held in a school district. The courses must be conducted by the commissioner in cooperation
with other organizations. The courses must instruct youths in commonly accepted principles
of safety in hunting and handling common hunting firearms and identification of various
species of wild mammals and birds by sight and other unique characteristics.
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(b) All firearm safety courses established by the commissioner of natural resources must
include the standards developed under section 624.714, subdivision 2b, paragraph (a). The
commissioner of natural resources shall consult with the commissioner of public safety in
the development of these courses.
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This section is effective the day following final enactment and
applies to firearm safety courses held on or after January 1, 2023.
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Minnesota Statutes 2020, section 97B.021, subdivision 1, is amended to read:
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(a) A person at least age 18 but under age 21 may possess
a firearm except for a pistol as defined in section 624.712, subdivision 2; semiautomatic
military-style assault weapon as defined in section 624.712, subdivision 7; .50 caliber or
larger firearm as defined in section 624.712, subdivision 15; or large-capacity magazine if
the person possesses a license to possess a firearm under section 624.7135.
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deleted text begin (a)deleted text end new text begin (b)new text end Except as provided in deleted text begin this subdivisiondeleted text end new text begin paragraph (c)new text end , a person under the age of
deleted text begin 16deleted text end new text begin 18new text end may not possess a firearmdeleted text begin , unless accompanied by a parent or guardiandeleted text end .
deleted text begin (b)deleted text end new text begin (c)new text end A person under age deleted text begin 16deleted text end new text begin 18new text end may possess a firearm deleted text begin withoutdeleted text end new text begin except for a pistol as
defined in section 624.712, subdivision 2; semiautomatic military-style assault weapon as
defined in section 624.712, subdivision 7; .50 caliber or larger firearm as defined in section
624.712, subdivision 15; or large-capacity magazine if the person is new text end being accompanied by
a parent or guardiannew text begin . The requirement for accompaniment by a parent or guardian is waived
if the person is at least 14 years, has a license to possess a firearm under section 624.7135,
and written permission from the parent or guardian and isnew text end :
(1) on land owned by, or occupied as the principal residence of, the person or the person's
parent or guardiannew text begin or on land where the person has explicit permission from the owner of
the landnew text end ;new text begin or
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(2) while participating in an organized target shooting program with adult supervisiondeleted text begin ;deleted text end new text begin .
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(d) The requirement for possessing a license and the requirement for accompaniment
by a parent or guardian is waived
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deleted text begin (3)deleted text end while the person new text begin under age 18 new text end is participating in a firearms safety program or traveling
to and from classdeleted text begin ; ordeleted text end new text begin .
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(4) if the person is age 14 or 15 and has a firearms safety certificate.
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This section is effective August 1, 2022.
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Minnesota Statutes 2020, section 97B.021, subdivision 1a, is amended to read:
A parent or guardian may not knowingly direct,
allow, or permit a person under the age of deleted text begin 16deleted text end new text begin 18new text end to possess a firearm in violation of this
section.
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This section is effective August 1, 2022.
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The commissioner of public safety shall establish a
computerized central reporting system and maintain a database of firearm registrations and
transfers. The commissioner shall adopt rules to establish a procedure that must be followed
by transferors and transferees when checking on the number and dates of prior firearm sales
or transfers prior to a sale or transfer. Information in the database must be readily available
on a 24-hour basis to requesting law enforcement agencies and must quickly indicate whether
the transferee has purchased a firearm within a 30-day period.
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All data pertaining to transfers under this section are classified
as private data as provided in section 13.87, subdivision 2.
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This section is effective the day following final enactment.
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Minnesota Statutes 2020, section 609.666, is amended to read:
For purposes of this section, the following words have the
meanings given.
(a) "Firearm" means a device designed to be used as a weapon, from which is expelled
a projectile by the force of any explosion or force of combustion.
(b) "Child" means a person under the age of 18 years.
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(c) "Loaded" means the firearm has ammunition in the chamber or magazine, if the
magazine is in the firearm, unless the firearm is incapable of being fired by a child who is
likely to gain access to the firearm.
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(c) "Ineligible person" means a resident or household guest who is not licensed under
section 624.7135 to possess a firearm.
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(d) "Safely store" means:
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(1) the firearm is placed in a secure storage container that is specifically designed for
the safe storage of firearms and fully enclosed and locked; or
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(2) locked with a safety device installed or incorporated into the design of the firearm
that prevents the firearm from being operated without first deactivating the device.
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new text begin Unless reasonable action is taken to safely store a firearm,
new text end a persondeleted text begin is guilty of a gross misdemeanordeleted text end who negligently storesnew text begin , keeps,new text end or leaves a deleted text begin loadeddeleted text end
firearm in a location where the person knows, or reasonably should know, thatnew text begin an ineligible
person is able to gain access ornew text end a childnew text begin without the permission of the personnew text end is deleted text begin likelydeleted text end new text begin ablenew text end
to gain accessdeleted text begin , unless reasonable action is taken to secure the firearm against access by the
child.deleted text end new text begin is guilty of a:
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(1) misdemeanor;
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(2) gross misdemeanor if the ineligible person or child takes and uses the firearm; or
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(3) felony if the ineligible person or child takes and uses the firearm resulting in the
injury or death of that person or child or another person.
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Subdivision 2 does not apply tonew text begin :
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new text begin (1) an ineligible person's ornew text end a child's access to firearms that was obtained as a result of
an unlawful entrydeleted text begin .deleted text end new text begin ; or
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(2) a person who is carrying the firearm or when it is within close proximity that the
person can readily retrieve and use the firearm as if the person was carrying the firearm.
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Minnesota Statutes 2020, section 624.712, subdivision 6, is amended to read:
"Transfer" means a sale, gift, loan, assignment or other delivery to
another, whether or not for consideration, of a deleted text begin pistol or semiautomatic military-style assault
weapondeleted text end new text begin firearmnew text end or the frame or receiver of a deleted text begin pistol or semiautomatic military-style assault
weapondeleted text end new text begin firearmnew text end .
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This section is effective August 1, 2022, and applies to transfers
of firearms on or after that date.
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Minnesota Statutes 2020, section 624.712, subdivision 7, is amended to read:
new text begin (a) new text end "Semiautomatic
military-style assault weapon" means:
(1) any of the following firearms:
(i) Avtomat Kalashnikov (AK-47) semiautomatic rifle type;
(ii) Beretta AR-70 and BM-59 semiautomatic rifle types;
(iii) Colt AR-15 semiautomatic rifle type;
(iv) Daewoo Max-1 and Max-2 semiautomatic rifle types;
(v) Famas MAS semiautomatic rifle type;
(vi) Fabrique Nationale FN-LAR and FN-FNC semiautomatic rifle types;
(vii) Galil semiautomatic rifle type;
(viii) Heckler & Koch HK-91, HK-93, and HK-94 semiautomatic rifle types;
(ix) Ingram MAC-10 and MAC-11 semiautomatic pistol and carbine types;
(x) Intratec TEC-9 semiautomatic pistol type;
(xi) Sigarms SIG 550SP and SIG 551SP semiautomatic rifle types;
(xii) SKS with detachable magazine semiautomatic rifle type;
(xiii) Steyr AUG semiautomatic rifle type;
(xiv) Street Sweeper and Striker-12 revolving-cylinder shotgun types;
(xv) USAS-12 semiautomatic shotgun type;
(xvi) Uzi semiautomatic pistol and carbine types; or
(xvii) Valmet M76 and M78 semiautomatic rifle types;
(2) any firearm that is another model made by the same manufacturer as one of the
firearms listed in clause (1), and has the same action design as one of the listed firearms,
and is a redesigned, renamed, or renumbered version of one of the firearms listed in clause
(1), or has a slight modification or enhancement, including but not limited to a folding or
retractable stock; adjustable sight; case deflector for left-handed shooters; shorter barrel;
wooden, plastic, or metal stock; larger clip size; different caliber; or a bayonet mount; and
(3) any firearm that has been manufactured or sold by another company under a licensing
agreement with a manufacturer of one of the firearms listed in clause (1) entered into after
the effective date of Laws 1993, chapter 326, to manufacture or sell firearms that are identical
or nearly identical to those listed in clause (1), or described in clause (2), regardless of the
company of production or country of origin.
The weapons listed in clause (1), except those listed in items (iii), (ix), (x), (xiv), and
(xv), are the weapons the importation of which was barred by the Bureau of Alcohol,
Tobacco, and Firearms of the United States Department of the Treasury in July 1989.
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Except as otherwise specifically provided in paragraph (d), a firearm is not a
"semiautomatic military-style assault weapon" if it is generally recognized as particularly
suitable for or readily adaptable to sporting purposes under United States Code, title 18,
section 925, paragraph (d)(3), or any regulations adopted pursuant to that law.
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(b) Semiautomatic military-style assault weapon also includes any:
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(1) semiautomatic rifle that has the capacity to accept a detachable magazine and has
one or more of the following:
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(i) a pistol grip or thumbhole stock;
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(ii) any feature capable of functioning as a protruding grip that can be held by the
nontrigger hand;
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(iii) a folding or telescoping stock; or
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(iv) a shroud attached to the barrel, or that partially or completely encircles the barrel,
allowing the bearer to hold the firearm with the nontrigger hand without being burned, but
excluding a slide that encloses the barrel;
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(2) semiautomatic pistol, or any semiautomatic, centerfire, or rimfire rifle with a fixed
magazine that has the capacity to accept more than seven rounds of ammunition;
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(3) semiautomatic pistol that has the capacity to accept a detachable magazine and has
one or more of the following:
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(i) any feature capable of functioning as a protruding grip that can be held by the
nontrigger hand;
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(ii) a folding, telescoping, or thumbhole stock;
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(iii) a shroud attached to the barrel, or that partially or completely encircles the barrel,
allowing the bearer to hold the firearm with the nontrigger hand without being burned, but
excluding a slide that encloses the barrel; or
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(iv) the capacity to accept a detachable magazine at any location outside of the pistol
grip;
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(4) semiautomatic shotgun that has one or more of the following:
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(i) a pistol grip or thumbhole stock;
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(ii) any feature capable of functioning as a protruding grip that can be held by the
nontrigger hand;
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(iii) a folding or telescoping stock;
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(iv) a fixed magazine capacity in excess of seven rounds; or
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(v) an ability to accept a detachable magazine;
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(5) shotgun with a revolving cylinder; or
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(6) conversion kit, part, or combination of parts, from which an assault weapon can be
assembled if those parts are in the possession or under the control of the same person.
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Semiautomatic military-style assault weapon does not mean any firearm described in this
paragraph that has been made permanently inoperable.
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Minnesota Statutes 2020, section 624.712, is amended by adding a subdivision to
read:
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"Firearm" has the meaning given in section 609.666, subdivision
1.
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Minnesota Statutes 2020, section 624.712, is amended by adding a subdivision
to read:
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"Large-capacity magazine" means any ammunition
feeding device with the capacity to accept more than ten rounds, or any conversion kit, part,
or combination of parts from which this type of device can be assembled if those parts are
in the possession or under the control of the same person. Large-capacity magazine does
not mean any of the following:
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(1) a feeding device that has been permanently altered so that it cannot accommodate
more than ten rounds;
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(2) a .22 caliber tube ammunition feeding device; or
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(3) a tubular magazine that is contained in a lever-action firearm.
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This section is effective August 1, 2022.
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Minnesota Statutes 2020, section 624.712, is amended by adding a subdivision
to read:
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".50 caliber or larger firearm" means a firearm
that is capable of expelling a metal projectile that measures one-half inch or larger in diameter
but does not include an antique or replica firearm that uses black powder.
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(a) A person who intends to own a firearm shall, prior to the ownership of the firearm,
obtain, and during ownership continuously maintain, a policy of liability insurance
specifically covering any damages resulting from any negligent or willful acts involving
the use of the firearm while it is owned by the person. No firearm shall be transferred in
this state unless the transferee at the time of the transfer provides proof that the transferee
has complied with the provisions of this section.
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(b) For purposes of this section, a person is considered to own a firearm if the firearm
is lost or stolen until the loss or theft is reported to the chief of police or sheriff that has
jurisdiction in the municipality or county where the firearm owner resides.
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(c) A person who owns a firearm on the effective date of this section shall obtain the
insurance required by this section by January 15, 2023.
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(d) The commissioner of commerce shall set a minimum amount of coverage satisfactory
to the commissioner.
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This section is effective the day following final enactment.
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No person may own or possess a firearm in this
state unless the person has a valid, current license issued by the commissioner of public
safety under this section.
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A person may apply for a license to own or possess a
firearm by providing, in person, the following information to the commissioner of public
safety or the commissioner's designee:
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(1) a background check certificate issued within the past 30 days by the chief of police
of the municipality in which the person resides or, if there is no chief of police, by the sheriff
of the county in which the person resides stating that a background check conducted under
subdivision 3 shows that the person is not prohibited from possessing a firearm;
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(2) a firearms safety certificate accepted by the Department of Public Safety that shows
proof of the ability to safely own, store, transport, and use a firearm; and
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(3) proof of liability insurance under section 624.7134.
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The commissioner or the commissioner's designee shall take a color photograph of the
applicant at the time the application is submitted. The commissioner may charge the applicant
a reasonable fee to cover the cost of the licensing process.
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(a) A person may apply for a background check certificate
by providing the following information in writing to the chief of police of the municipality
in which the person resides or to the county sheriff if there is no local chief of police:
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(1) the applicant's name, residence, telephone number, and driver's license number or
nonqualification certificate number, if any;
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(2) the applicant's gender, date of birth, height, weight, color of eyes, and distinguishing
physical characteristics, if any;
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(3) a statement that the applicant authorizes the release to the local police authority of
commitment information about the applicant maintained by the commissioner of human
services to the extent that the information relates to the applicant's eligibility to possess a
firearm under section 624.713, subdivision 1; and
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(4) a statement by the applicant that the applicant is not prohibited by section 624.713
or other state or federal law from possessing a firearm.
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The statements shall be signed and dated by the applicant. 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 patient records.
At the time of application, the chief of police or county sheriff may charge the applicant a
reasonable fee to cover the cost of conducting the background check and shall provide the
applicant with a dated receipt for the application.
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(b) The chief of police or sheriff shall check criminal histories, records, and warrant
information relating to the applicant through the Minnesota Crime Information System and
the National Criminal Record Repository and shall 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
245.041.
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(c) The chief of police or sheriff may issue a certificate to the applicant. The certificate
shall be based on the results of the background check and shall state the date on which the
background check was performed. The certificate shall state whether the applicant is or is
not prohibited from possessing a firearm.
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(d) The chief of police or sheriff may deny the application for a certificate on the grounds
that there exists a substantial likelihood that the applicant is a danger to self or the public
if allowed to possess firearms.
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If the applicant meets the requirements under
subdivisions 2 and 3, the commissioner shall issue a license to own or possess a firearm
within five business days of the submission of the application to the commissioner or the
commissioner's designee. The commissioner shall provide the applicant with written
notification of a denial and the specific reason for it. Any person aggrieved by the denial
of a license application may seek review as provided in sections 14.57 to 14.69.
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(a) A license granted under this section shall contain the
following information:
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(1) the date of issuance and a unique license number;
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(2) the license holder's name, current address, date of birth, sex, height, weight, and eye
color; and
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(3) the color photograph of the license holder that was taken at the time of the application.
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(b) The license is valid statewide for four years from the date of issuance and is not
transferable. The license becomes invalid and must be returned to the commissioner if the
person becomes ineligible to possess a firearm under section 624.713 or other state or federal
law at any time within this four-year period. A court shall notify the commissioner when a
person who possesses a license under this section is convicted of an offense described in
section 624.713. The commissioner shall revoke a person's license to own or possess a
firearm if the person becomes ineligible to possess a firearm under section 624.713 or other
state or federal law during the period that the person possesses a license. The license may
be renewed in the same manner and subject to the same restrictions under which the original
license was obtained.
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A person, other than a peace officer, as defined
in section 626.84, must carry the license to own or possess the firearm whenever the person
possesses a firearm in a place other than the person's dwelling or premises.
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A license to own or possess a pistol
authorizes the license holder to carry the pistol only in the locations and for the purposes
described in section 624.714, subdivision 9. A person must obtain a permit to carry under
section 624.714 in order to carry the pistol in any other location.
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The commissioner shall maintain
a statewide, computerized record system containing identifying information on and the
license numbers of persons who have been granted a license under this section. Information
in the record system shall be readily available on a 24-hour basis to requesting law
enforcement agencies.
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(a) A person who fails to carry a license in violation of this section
is guilty of a petty misdemeanor.
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(b) A person who does either of the following is guilty of a misdemeanor:
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(1) owns a firearm without having registered it; or
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(2) owns or possesses a firearm after a license issued under this section has expired.
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(c) A person who does any of the following is guilty of a gross misdemeanor:
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(1) owns or possesses a firearm without having first obtained a license under this section;
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(2) owns or possesses a firearm after a license issued under this section has become
invalid except through expiration;
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(3) makes a false statement in order to obtain a license; or
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(4) transfers a license in violation of this section.
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(d) The court shall notify the commissioner when a person is convicted of a violation
under this section except for a petty misdemeanor violation under paragraph (a). Upon
receipt of the court's notification, the commissioner shall revoke or deny issuance of the
person's license to own or possess a firearm for a period of three years for a misdemeanor
violation under paragraph (b) and ten years for a gross misdemeanor violation under
paragraph (c).
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All data pertaining to licenses under this section are classified
as private data as provided in section 13.87, subdivision 2.
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All persons
who own or possess firearms on or after January 1, 2023, must comply with the license
requirements of this section. However, notwithstanding subdivision 2, a person who owns
or possesses a firearm on or after January 1, 2023, who lawfully owned or possessed the
firearm before that date is not required to provide a background check certificate or show
competence in firearm safety as required by subdivision 2, clause (2), when applying for
or renewing a license if the person applies for a license on or before July 1, 2023. The person
shall provide a signed statement that the person is not prohibited by section 624.713 from
possessing a firearm.
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The commissioner may issue a
temporary license to own or possess a rifle or shotgun to a nonresident alien who is lawfully
in the United States and present in the state to lawfully take game as a nonresident under
the game and fish laws. The commissioner shall determine the period of the license's validity
based on the circumstances of the case. The application for the temporary license must be
on a form prescribed by the commissioner. The commissioner may charge the applicant a
reasonable fee to cover the cost of the temporary licensing process.
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This section is effective January 1, 2023, and applies to persons
who own or possess a firearm, and for crimes committed on or after that date; except that
a person who owns or possesses a firearm before January 1, 2023, may continue to own or
possess the firearm without obtaining a license until January 1, 2024.
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As used in this section, "transfer" has the meaning given in
section 624.712, subdivision 6, but does not include:
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(1) the delivery of a firearm to a person for the purpose of repair, reconditioning, or
remodeling;
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(2) a loan by a teacher to a student in a course designed to teach marksmanship or firearms
safety, in the presence of the instructor, if the course is approved by the commissioner of
public safety;
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(3) a loan between persons lawfully engaged in hunting or target shooting if the loan is
intended for a period of no more than 30 days and both persons are licensed to possess
firearms;
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(4) while hunting or trapping if the hunting or trapping is legal in all places where the
transferee possesses the firearm and the transferee holds a license to possess firearms and
all licenses or permits required for hunting or trapping;
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(5) while in the actual presence of the transferor; provided that any transfer under this
clause is permitted only if the transferor has no reason to believe that the transferee is
prohibited by federal law from buying or possessing firearms or not entitled under state law
to possess firearms. If the transferee is under 18 years of age, it must be under direct
supervision and control of the transferor;
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(6) a loan between peace officers, as defined in section 626.84; and
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(7) a loan between employees or between the employer and an employee in a business
if the employee is required to carry a firearm by reason of employment and is the holder of
a valid permit to carry a pistol.
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At the time of a delivery of a firearm under subdivision 1, clause (1)
or a loan of a firearm under clauses (2) to (4), (6), and (7), the transferor and the transferee
each shall retain a document signed by both parties. The document shall contain the names
and license numbers of the transferor and transferee,serial number of the firearm or firearms,
and the dates of the temporary transfer, not to exceed 30 days. The commissioner shall
develop and provide a standardized form for temporary transfers.
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No person may transfer a firearm to another unless
the transferee presents a valid, current license to own and possess the firearm issued under
section 624.7135.
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Every person who agrees to transfer a firearm shall report the
following information in writing to the commissioner of public safety within three days of
the transfer:
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(1) the name and address of the transferee and the number of the license presented by
the transferee authorizing the transferee to own or possess a firearm; and
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(2) the serial number of the firearm that was transferred.
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(a) At the time of the transfer, the transferor shall
give the transferee a temporary registration card. The temporary registration card shall
contain the information described in paragraph (c) and shall be valid for 30 days following
the date of the transfer. The expiration date of the temporary registration card shall be clearly
displayed on the card.
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(b) Upon receipt of the information required under subdivision 3, the commissioner shall
record the transferee's name, license number, and firearm serial number in the database
under section 299A.07 and shall issue a permanent registration card to the transferee within
30 days. The commissioner may charge the transferee a reasonable fee to cover the cost of
the registration process.
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(c) The temporary and permanent registration cards shall contain the transferee's name,
license number, and firearm serial number and shall identify the transferee as the person
entitled to own and possess the firearm.
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Notwithstanding subdivision 4, paragraph (b), the commissioner
may not charge a fee when the transferee is a federally licensed firearms dealer.
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The registration card is valid until the person
transfers the firearm to another. The registration card becomes invalid whenever the person
becomes ineligible to possess a firearm under section 624.713 or other state or federal law.
new text end
new text begin
(a) Except as otherwise provided in paragraph (b), a person who
transfers a firearm to another in violation of this section is guilty of a gross misdemeanor.
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(b) A person who does any of the following is guilty of a felony:
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(1) transfers a firearm to a transferee whom the transferor knows is ineligible to possess
the weapon if the transferee possesses or uses the weapon within one year after the transfer
in furtherance of a crime of violence;
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new text begin
(2) transfers a firearm to a person who has made a false statement in order to become a
transferee, if the transferor knows or has reason to know the transferee has made the false
statement;
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(3) knowingly becomes a transferee in violation of this section; or
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new text begin
(4) makes a false statement in order to become a transferee of a firearm knowing or
having reason to know the statement is false.
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new text begin
This section is effective January 1, 2023, and applies to transfers
of firearms and crimes committed on or after that date.
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new text begin
(a) A person who purchases or accepts the transfer
of more than one firearm within a 30-day period is guilty of a gross misdemeanor.
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new text begin
(b) A person who transfers a firearm to an individual knowing that the individual has
purchased or accepted the transfer of a firearm within the preceding 30 days is guilty of a
gross misdemeanor.
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new text begin
Subdivision 1 does not apply to:
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(1) firearms dealers as defined in section 624.7161, subdivision 1;
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(2) law enforcement agencies;
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(3) private security companies;
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(4) the purchase of antique firearms; and
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(5) persons who have been exempted from this section under subdivision 3.
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new text begin
A person whose firearm was stolen or irretrievably
lost and who because of an occupational or personal safety hazard wishes to purchase or
accept the transfer of a pistol, but who is prohibited from doing so because of this section,
may apply to the chief of police of an organized full-time police department of the
municipality where the person resides or to the county sheriff if there is no local chief of
police where the person resides for an exception to this section. The police chief or sheriff
shall respond to an application within three business days of the application by either
approving or denying the request.
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new text begin
This section is effective January 1, 2023, and applies to transfers
of firearms and crimes committed on or after that date.
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new text begin
A person who crosses a state or international border to transport firearms into the state
of Minnesota with the intent to transfer the firearms to a person who is ineligible to possess
a firearm under section 624.713 or other state or federal law is guilty of a felony.
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new text begin
This section is effective January 1, 2023, and applies to transfers
of firearms and crimes committed on or after that date.
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new text begin
A person who fails to report a
stolen or lost firearm within two days of discovery of the loss is guilty of a gross
misdemeanor.
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A person shall report a stolen or lost firearm to the chief of
police of an organized full-time police department of the municipality where the person
resides or to the county sheriff if there is no local chief of police where the person resides.
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new text begin
A chief of police or sheriff shall
report a stolen or lost firearm to the commissioner of public safety within two days of
receiving notification of the theft or loss under this section.
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new text begin
If a person whose firearm was stolen or lost fails to
report it under subdivision 1 or 2, and it is used in the commission of a crime or seized from
a person ineligible to possess it, there is a rebuttable presumption that the original gun owner
transferred the weapon in violation of this chapter.
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new text begin
This section is effective January 1, 2023, and applies to transfers
of firearms and crimes committed on or after that date.
new text end
Minnesota Statutes 2020, section 624.714, subdivision 2a, is amended to read:
(a) An applicant
must present evidence that the applicant received training in the safe use of a deleted text begin pistoldeleted text end new text begin firearmnew text end
within one year of the date of an original or renewal application. Training may be
demonstrated by:
(1) employment as a peace officer in the state of Minnesota within the past year; or
(2) completion of a firearms safety or training course new text begin approved by the commissioner
new text end providing basic training in the safenew text begin ownership, handling, andnew text end use of a pistol new text begin and other firearms
new text end and conducted by a certified instructor.
(b) Basic training must include:
new text begin
(1) at least ....... hours of training;
new text end
deleted text begin (1)deleted text end new text begin (2)new text end instruction in the fundamentals of pistol new text begin and other firearm new text end use;
new text begin
(3) strategies for safely retreating and not escalating a potentially lethal encounter;
new text end
deleted text begin (2)deleted text end new text begin (4)new text end successful completion of an actual shooting qualification exercise; deleted text begin and
deleted text end
deleted text begin (3)deleted text end new text begin (5)new text end instruction in the fundamental legal aspects ofnew text begin :
new text end
new text begin (i) new text end pistol new text begin and other firearm new text end possession, carry, new text begin transport, new text end and usedeleted text begin , includingdeleted text end new text begin ;
new text end
new text begin (ii) new text end self-defense and the restrictions on the use of deadly forcedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(iii) safe storage of firearms; and
new text end
new text begin
(iv) reporting a theft or loss of a firearm; and
new text end
new text begin
(6) all of the standards developed under subdivision 2b, paragraph (a).
new text end
(c) The certified instructor deleted text begin mustdeleted text end new text begin maynew text end issue anew text begin firearms safetynew text end certificatenew text begin on a form approved
by the commissionernew text end to a person who has completed a firearms safety or training course
described in paragraph (b)new text begin and passed an exam approved by the commissionernew text end . The certificate
must be signed by the instructor and attest that the person attended and completed the course.
(d) A person qualifies as a certified instructor if the person is certified as a firearms
instructor within the past deleted text begin fivedeleted text end new text begin threenew text end years deleted text begin by an organization or government entity that has
been approveddeleted text end by the Department of Public Safety in accordance with the department's
standards.
deleted text begin
(e) A sheriff must accept the training described in this subdivision as meeting the
requirement in subdivision 2, paragraph (b), for training in the safe use of a pistol. A sheriff
may also accept other satisfactory evidence of training in the safe use of a pistol.
deleted text end
Minnesota Statutes 2020, section 624.714, is amended by adding a subdivision
to read:
new text begin
(a) The commissioner
of public safety shall adopt rules establishing safety and training standards for firearm safety
and training courses. These standards shall cover all aspects of safety regarding firearms.
The commissioner shall consult with public safety and firearms safety experts in developing
the standards. The rules must be adopted under chapter 14.
new text end
new text begin
(b) The commissioner shall develop a written firearm safety test for all applicants for a
license to own a firearm and a separate test for all applicants for a permit to carry. Each test
shall cover the safety and training standards developed under paragraph (a). The
commissioner shall provide for giving a test under this subdivision either in the county
where the applicant resides or at a place adjacent thereto and reasonably convenient to the
applicant.
new text end
new text begin
(c) Each test shall include at a minimum:
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new text begin
(1) the applicant's knowledge of:
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new text begin
(i) safety and training standards developed under paragraph (a);
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new text begin
(ii) the effects of alcohol and drugs on a person's ability to use, possess, carry, and
transport a firearm safely and legally, and the legal penalties and financial consequences
resulting from violations of laws prohibiting the use, possession, carrying, and transporting
of a firearm while under the influence of alcohol or drugs;
new text end
new text begin
(iii) the civil and criminal legal consequences of causing the harm or death of a person
with a firearm;
new text end
new text begin
(iv) firearm transfer laws; and
new text end
new text begin
(v) for applicants for permits to carry:
new text end
new text begin
(A) permit to carry laws; and
new text end
new text begin
(B) the obligation to safely retreat and not escalate a potentially lethal encounter;
new text end
new text begin
(2) an actual demonstration of the ability to exercise ordinary and reasonable control in
the use, possession, carrying, and transporting of a firearm; and
new text end
new text begin
(3) other physical and mental testing as the commissioner of public safety finds necessary
to determine the applicant's fitness to use, possess, carry, and transport a firearm safely.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2020, section 624.7151, is amended to read:
new text begin (a) new text end By December 1, deleted text begin 1992deleted text end new text begin 2022new text end , the commissioner shall adopt statewide standards
governing the form and contentsdeleted text begin , asdeleted text end new text begin for all transactionsnew text end required by sections 624.7131 to
624.714,new text begin on or after January 1, 2023,new text end of every application for a deleted text begin pistoldeleted text end new text begin firearmnew text end transferee
permit, deleted text begin pistol transferee permit,deleted text end report of transfer of a pistol, application for a permit to
carry a pistol, and permit to carry a pistol that is granted or renewed deleted text begin on or after January 1,
1993deleted text end .
new text begin (b) On or after January 1, 2023, new text end every application for a deleted text begin pistoldeleted text end new text begin firearmnew text end transferee permit,deleted text begin
pistol transferee permit,deleted text end report of transfer of a deleted text begin pistoldeleted text end new text begin firearmnew text end , application for a permit to
carry a deleted text begin pistoldeleted text end new text begin firearmnew text end , and permit to carry a deleted text begin pistoldeleted text end new text begin firearmnew text end that is received, granted, or renewed
by a deleted text begin policedeleted text end chief new text begin of police new text end or county sheriff deleted text begin on or after January 1, 1993,deleted text end must meet the
statewide standards adopted by the commissioner. Notwithstanding the previous sentence,
neither failure of the Department of Public Safety to adopt standards nor failure of the new text begin chief
of new text end police deleted text begin chiefdeleted text end or county sheriff to meet them shall delay the timely processing of applications
nor invalidate permits issued on other forms meeting the requirements of sections 624.7131
to 624.714.
new text begin
This section is effective the day following final enactment.
new text end
new text begin
By January 1, 2023, every person who owns a
firearm must register the firearm with the commissioner of public safety. The registration
must be in writing and contain:
new text end
new text begin
(1) the name and address of the owner;
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new text begin
(2) the number of the license authorizing the owner to own or possess a firearm; and
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new text begin
(3) the serial number of the firearm being registered.
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new text begin
Upon receipt of this information, the commissioner shall record the owner's name, license
number, and firearm serial number in the database under Minnesota Statutes, section 299A.07,
and issue a registration card to the owner within 30 days. The registration card must conform
with the requirements of Minnesota Statutes, section 624.7136.
new text end
new text begin
All data pertaining to registrations under this section are classified
as private data as provided in Minnesota Statutes, section 13.87, subdivision 2.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
The revisor of statutes in consultation with House Research and Senate Counsel shall
make necessary statutory corrections to reflect the changes made in this act. Any changes
that are beyond the scope of the revisor's editorial authority must be reflected in a bill
prepared by the revisor for introduction in the 2023 legislative session.
new text end