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SF 46

as introduced - 88th Legislature (2013 - 2014) Posted on 02/19/2013 04:00pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to public safety; eliminating the right of violent felons to petition the
court to have their ability to possess a firearm restored; amending Minnesota
Statutes 2012, sections 242.31, subdivision 2a; 260B.245, subdivision 1; 609.165,
subdivisions 1a, 1b; 609A.03, subdivision 5a; 609B.611; 624.713, subdivision 2;
repealing Minnesota Statutes 2012, section 609.165, subdivision 1d.

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

Section 1.

Minnesota Statutes 2012, section 242.31, subdivision 2a, is amended to read:


Subd. 2a.

Crimes of violence; ineligibility to possess firearms.

The order of
discharge must provide that a person who has been convicted of a crime of violence, as
defined in section 624.712, subdivision 5, is not entitled to ship, transport, possess, or
receive a firearm for the remainder of the person's lifetime. Any person who has received
such a discharge and who thereafter has received a relief of disability under United States
Code, title 18, section 925, deleted text begin or whose ability to possess firearms has been restored under
section 609.165, subdivision 1d,deleted text end shall not be subject to the restrictions of this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 2.

Minnesota Statutes 2012, section 260B.245, subdivision 1, is amended to read:


Subdivision 1.

Effect.

(a) No adjudication upon the status of any child in the
jurisdiction of the juvenile court shall operate to impose any of the civil disabilities
imposed by conviction, nor shall any child be deemed a criminal by reason of this
adjudication, nor shall this adjudication be deemed a conviction of crime, except as
otherwise provided in this section or section 260B.255. An extended jurisdiction juvenile
conviction shall be treated in the same manner as an adult felony criminal conviction for
purposes of the Sentencing Guidelines. The disposition of the child or any evidence given
by the child in the juvenile court shall not be admissible as evidence against the child in
any case or proceeding in any other court, except that an adjudication may later be used to
determine a proper sentence, nor shall the disposition or evidence disqualify the child in
any future civil service examination, appointment, or application.

(b) A person who was adjudicated delinquent for, or convicted as an extended
jurisdiction juvenile of, a crime of violence as defined in section 624.712, subdivision 5,
is not entitled to ship, transport, possess, or receive a firearm for the remainder of the
person's lifetime. A person who has received a relief of disability under United States
Code, title 18, section 925, deleted text begin or whose ability to possess firearms has been restored under
section 609.165, subdivision 1d,deleted text end is not subject to the restrictions of this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 3.

Minnesota Statutes 2012, section 609.165, subdivision 1a, is amended to read:


Subd. 1a.

Certain convicted felons ineligible to possess firearms.

The order of
discharge must provide that a person who has been convicted of a crime of violence, as
defined in section 624.712, subdivision 5, is not entitled to ship, transport, possess, or
receive a firearm for the remainder of the person's lifetime. Any person who has received
such a discharge and who thereafter has received a relief of disability under United States
Code, title 18, section 925, deleted text begin or whose ability to possess firearms has been restored under
subdivision 1d,deleted text end shall not be subject to the restrictions of this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 4.

Minnesota Statutes 2012, 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, 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 925deleted text begin , or whose
ability to possess firearms has been restored under subdivision 1ddeleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 5.

Minnesota Statutes 2012, section 609A.03, subdivision 5a, is amended to read:


Subd. 5a.

Order concerning crimes of violence; firearms restriction.

An order
expunging the record of a conviction for a crime of violence as defined in section 624.712,
subdivision 5, must provide that the person is not entitled to ship, transport, possess, or
receive a firearm for the remainder of the person's lifetime. Any person whose record of
conviction is expunged under this section and who thereafter receives a relief of disability
under United States Code, title 18, section 925, deleted text begin or whose ability to possess firearms has
been restored under section 609.165, subdivision 1d,deleted text end is not subject to the restriction in
this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 6.

Minnesota Statutes 2012, section 609B.611, is amended to read:


609B.611 CRIME OF VIOLENCE; INELIGIBILITY TO POSSESS
FIREARMS; RESTORATION OF CIVIL RIGHTS.

(a) Under section 242.31, a person convicted of a crime of violence is not entitled to
ship, transport, possess, or receive a firearm for the remainder of the person's lifetime,
even after the person's civil rights have been restored, unless the exception under United
States Code, title 18, section 925, deleted text begin or section 609.165, subdivision 1d,deleted text end applies.

(b) Under section 609.165, subdivision 1a, a person convicted of a crime of violence
is not entitled to ship, transport, possess, or receive a firearm for the remainder of the
person's lifetime, even after the person's civil rights have been restored.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 7.

Minnesota Statutes 2012, section 624.713, subdivision 2, is amended to read:


Subd. 2.

Penalties.

(a) A person named in subdivision 1, clause (1), who possesses
a pistol or semiautomatic military-style assault weapon 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
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 925deleted text begin , or whose ability to possess firearms has been restored under section 609.165,
subdivision 1ddeleted text end .

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 609.165, subdivision 1d, new text end new text begin is repealed.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end