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SF 4032

as introduced - 90th Legislature (2017 - 2018) Posted on 04/23/2018 04:04pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; modifying various firearms laws; appropriating money;
amending Minnesota Statutes 2016, sections 609.66, subdivision 1f; 624.7131,
subdivision 6; proposing coding for new law in Minnesota Statutes, chapters 299A;
624.

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

Section 1.

new text begin [299A.625] FIREARMS SAFETY TRAINING; REIMBURSEMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Program established. new text end

new text begin The commissioner of public safety may award
reimbursements to individuals who complete firearms safety training courses as provided
in subdivision 2. The commissioner shall develop standards addressing the procedures that
must be followed and the eligibility criteria to obtain a reimbursement. The commissioner
shall attempt to make the reimbursement process as simple as possible. In providing
reimbursements under this section, the commissioner may prioritize reimbursements to
individuals who demonstrate that they were previously inexperienced with or
unknowledgeable about firearms.
new text end

new text begin Subd. 2. new text end

new text begin Reimbursements. new text end

new text begin A person who completes a firearms safety training course
of the type described in section 624.714, subdivision 2a, may apply to the commissioner of
public safety in the manner directed by the commissioner for reimbursement of up to 50
percent of the cost of the course.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018.
new text end

Sec. 2.

Minnesota Statutes 2016, section 609.66, subdivision 1f, is amended to read:


Subd. 1f.

Gross misdemeanor; transferring firearm without background check.

A
person, other than a federally licensed firearms dealer, who transfers a pistol or semiautomatic
military-style assault weapon to another without complying with the transfer requirements
of section 624.7132new text begin or 624.7134new text end , is guilty of a gross misdemeanor if the transferee possesses
or uses the weapon within one year after the transfer in furtherance of a felony crime of
violence, and if:

(1) the transferee was prohibited from possessing the weapon under section 624.713 at
the time of the transfer; or

(2) it was reasonably foreseeable at the time of the transfer that the transferee was likely
to use or possess the weapon in furtherance of a felony crime of violence.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2016, section 624.7131, subdivision 6, is amended to read:


Subd. 6.

Permits valid statewide.

Transferee permits issued pursuant to this section are
valid statewide and shall expire after deleted text begin one yeardeleted text end new text begin five yearsnew text end . A transferee permit may be renewed
in the same manner and subject to the same provisions by which the original permit was
obtained, except that all renewed permits must comply with the standards adopted by the
commissioner under section 624.7151. Permits issued pursuant to this section are not
transferable. A person who transfers a permit in violation of this subdivision is guilty of a
misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to permits
issued on or after that date.
new text end

Sec. 4.

new text begin [624.7134] PERMISSIVE BACKGROUND CHECKS; TRANSFERS
BETWEEN UNLICENSED PERSONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "unlicensed person" means a person
who does not hold a license under United States Code, title 18, section 923(a).
new text end

new text begin Subd. 2. new text end

new text begin Background check. new text end

new text begin When an unlicensed person wishes to transfer a firearm
to another unlicensed person, the person who is transferring the firearm may require as a
condition of the transfer that the transferee appear before a sheriff and submit to a background
check under this section. If the transferee agrees, the transferee shall appear before a sheriff
and submit the information described in section 624.7132, subdivision 1, in the manner
described in that subdivision. The sheriff shall conduct an investigation of the type described
in section 624.7132, subdivision 2. Upon completion of the investigation, the sheriff shall
inform the transferor and the transferee whether the transferee is prohibited by section
624.713 or any other law from possessing a firearm.
new text end

new text begin Subd. 3. new text end

new text begin Restriction on records. new text end

new text begin The sheriff may not require any additional information
from the transferee to conduct the background check, including but not limited to information
on the firearm being transferred, and may not maintain any record of the background check
or the transaction. Any information submitted to the sheriff to authorize or facilitate the
background check must be returned to the party or destroyed.
new text end

new text begin Subd. 4. new text end

new text begin Costs. new text end

new text begin The sheriff may not charge a fee to conduct a background check or
comply with the sheriff's duties under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 5. new text begin PUBLIC AWARENESS CAMPAIGN.
new text end

new text begin The commissioner of public safety shall conduct a public awareness campaign to increase
knowledge about Minnesota Statutes, section 609.66, subdivision 1f. The campaign must
inform the public of potential criminal liability under that section for transferring a pistol
or a semiautomatic military-style assault weapon without having conducted a background
check.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 6. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund to the commissioner of public safety for the
fiscal year ending June 30, 2019, for reimbursements under Minnesota Statutes, section
299A.625.
new text end