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SF 4312

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/25/2024 08:12am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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Current Version - 2nd Engrossment

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A bill for an act
 relating to firearms; establishing standards for the safe storage of firearms and
criminal penalties for failing to meet those standards; appropriating money;
amending Minnesota Statutes 2022, section 609.666.

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

Section 1.

Minnesota Statutes 2022, section 609.666, is amended to read:


609.666 deleted text begin NEGLIGENTdeleted text end new text begin SAFE AND SECUREnew text end STORAGE OF FIREARMS.

Subdivision 1.

Definitions.

new text begin (a) new text end For purposes of this section, the following words have
the meanings given.

deleted text begin (a)deleted text end new text begin (b)new text end "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.new text begin The term does not include
firearms that are inoperable.
new text end

deleted text begin (b)deleted text end new text begin (c) "Authorized user" means a person who is eligible under state and federal law to
possess a firearm and to whom the owner of a firearm has expressly granted permission to
use the firearm.
new text end

new text begin (d) new text end "Child" means a person under the age of 18 years.

deleted text begin (c) deleted text end new text begin (e) "Firearm storage unit" means a secure, tamper-resistant container that is only
accessible to the owner or authorized users of the firearm or firearms stored in the container.
 new text end

new text begin (f) "Gun room" means an area within a building enclosed by walls, a floor, and a ceiling,
including a closet, that has all entrances secured by a tamper-resistant lock, that is kept
locked at all times when unoccupied, and that is used exclusively for: (1) the storage of
firearms, ammunition, components of firearms or ammunition, or equipment for
firearm-related activities including but not limited to reloading ammunition, gunsmithing,
and firearm cleaning and maintenance; or (2) conducting firearm-related activities, including
but not limited to reloading ammunition, gunsmithing, and firearm cleaning and maintenance.
 new text end

new text begin (g)new text end "Loaded" means the firearm has ammunition in the chamber or magazine, if the
magazine is in the firearmdeleted text begin , unless the firearm is incapable of being fired by a child who is
likely to gain access to the firearmdeleted text end .

new text begin (h) "Locking device" means a feature of a firearm or an external device that renders the
firearm inaccessible or inoperable, or both, to children and unauthorized users. Locking
device includes but is not limited to the following: a biometric lock; a trigger lock; a barrel
lock; or a cylinder lock.
 new text end

Subd. 2.

Access to firearms.

A person deleted text begin is guilty of a gross misdemeanor who negligently
stores or leaves a loaded firearm in a location where the person knows, or reasonably should
know, that a child is likely to gain access, unless reasonable action is taken to secure the
firearm against access by the childdeleted text end new text begin may not store, keep, or leave a firearm in any place
unless the firearm is: (1) unloaded and equipped with a locking device; or (2) loaded or
unloaded in a locked firearm storage unit or a locked gun room. A firearm is not considered
stored, kept, or left under this subdivision during the period that it is under the direct physical
control or reach of the person. A person who violates this subdivision is guilty of a crime
and may be sentenced as provided for in subdivision 2anew text end .

new text begin Subd. 2a. new text end

new text begin Penalties. new text end

new text begin (a) A person who violates subdivision 2 is guilty of a petty
misdemeanor.
 new text end

new text begin (b) A person who violates subdivision 2 is guilty of a gross misdemeanor if a child is
present in the area where the firearm is stored, kept, or left.
 new text end

new text begin (c) A person who violates subdivision 2 is guilty of a felony and may be sentenced to
three years in prison or a fine of up to $5,000, or both, if a loaded unsecured firearm is
accessed by a child or a person prohibited from possessing firearms under section 624.713,
subdivision 1.
 new text end

new text begin (d) A person who violates subdivision 2 is guilty of a felony and may be sentenced to
five years in prison or a fine of up to $10,000, or both, if an unsecured firearm is used in a
felony crime of violence or to inflict substantial or great bodily harm on, or to cause the
death of, someone other than the owner or authorized user of the firearm.
 new text end

Subd. 3.

Limitations.

deleted text begin Subdivisiondeleted text end new text begin Subdivisionsnew text end 2 deleted text begin doesdeleted text end new text begin and 2a donew text end not apply to deleted text begin a child's
access todeleted text end firearms deleted text begin that was obtained as a result of an unlawful deleted text end deleted text begin entry.deleted text end new text begin :
new text end

new text begin (1) in a motor vehicle while being transported in compliance with the requirements of
section 97B.045, subdivision 1, clause (1), (2), or (3);
 new text end

new text begin (2) in a motor vehicle while being transported under the exceptions described in section
97B.045, subdivision 2 or 3;
 new text end

new text begin (3) being used at a shooting sport event controlled by the Minnesota State High School
League, including but not limited to the Minnesota State High School Clay Target League;
 new text end

new text begin (4) being used for sports shooting at an area or facility designated or operated primarily
for the use of firearms or shooting preserves as described in section 97A.115;
 new text end

new text begin (5) owned or possessed by a peace officer as defined in section 626.84, subdivision 1,
paragraph (c), while the officer is engaged in the performance of official duties; or
 new text end

new text begin (6) stored in a police or sheriff station.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
 new text end

Sec. 2. new text begin DEPARTMENT OF CORRECTIONS; APPROPRIATION.
new text end

new text begin $10,000 in fiscal year 2025 is appropriated from the general fund to the commissioner
of corrections for costs associated with this act. The base for this appropriation is $19,000
beginning in fiscal year 2026.
 new text end