Minnesota Legislature
SF 5217
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/26/2024 08:59am
Current Version - as introduced
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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; amending Minnesota Statutes
2022, section 609.666; Minnesota Statutes 2023 Supplement, section 624.713,
subdivision 1.
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 NEGLIGENT 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) "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.
deleted text end
(b) new text begin "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 (c) new text end "Child" means a person under the age of 18 years.
deleted text begin
(c)
deleted text end
new text begin
(d) "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. The term does not include
antique firearms or collector's items, relics, museum pieces or objects of curiosity, ornaments,
or keepsakes that are rendered inoperable.
new text end
new text begin
(e) "Firearm storage unit" means a secure, tamperproof container designed to hold a
firearm 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)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
(g) "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 todeleted text end new text begin who owns or
possesses a firearm shallnew text end secure the firearm deleted text begin against access by the childdeleted text end new text begin when it is not in the
direct physical control of the person as follows: (1) unloaded and equipped with a locking
device; or (2) loaded or unloaded in a locked firearm storage unit. 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 misdemeanor.
new text end
new text begin
(b) A person who violates subdivision 2 is guilty of a gross misdemeanor if a firearm is
not secured and is loaded.
new text end
new text begin
(c) A person who violates subdivision 2 is guilty of a felony and may be sentenced to
two 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'sdeleted text end new text begin
an unauthorized person'snew text end access to firearms that was obtained as a result of an unlawful
entry.
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.
Minnesota Statutes 2023 Supplement, section 624.713, subdivision 1, is amended
to read:
Subdivision 1.
Ineligible persons.
The following persons shall not be entitled to possess
ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause
(1), any other firearm:
(1) a person under the age of 18 years except that a person under 18 may possess
ammunition designed for use in a firearm that the person may lawfully possess and may
carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual
presence or under the direct supervision of the person's parent or guardian, (ii) for the
purpose of military drill under the auspices of a legally recognized military organization
and under competent supervision, (iii) for the purpose of instruction, competition, or target
practice on a firing range approved by the chief of police or county sheriff in whose
jurisdiction the range is located and under direct supervision; or (iv) if the person has
successfully completed a course designed to teach marksmanship and safety with a pistol
or semiautomatic military-style assault weapon and approved by the commissioner of natural
resources;
(2) except as otherwise provided in clause (9), a person who has been convicted of, or
adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in
this state or elsewhere, a crime of violence. For purposes of this section, crime of violence
includes crimes in other states or jurisdictions which would have been crimes of violence
as herein defined if they had been committed in this state;
(3) a person who is or has ever been committed in Minnesota or elsewhere by a judicial
determination that the person is mentally ill, developmentally disabled, or mentally ill and
dangerous to the public, as defined in section 253B.02, to a treatment facility, or who has
ever been found incompetent to stand trial or not guilty by reason of mental illness, unless
the person's ability to possess a firearm and ammunition has been restored under subdivision
4;
(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
gross misdemeanor violation of chapter 152, unless three years have elapsed since the date
of conviction and, during that time, the person has not been convicted of any other such
violation of chapter 152 or a similar law of another state; or a person who is or has ever
been committed by a judicial determination for treatment for the habitual use of a controlled
substance or marijuana, as defined in sections 152.01 and 152.02, unless the person's ability
to possess a firearm and ammunition has been restored under subdivision 4;
(5) a person who has been committed to a treatment facility in Minnesota or elsewhere
by a judicial determination that the person is chemically dependent as defined in section
253B.02, unless the person has completed treatment or the person's ability to possess a
firearm and ammunition has been restored under subdivision 4. Property rights may not be
abated but access may be restricted by the courts;
(6) a peace officer who is informally admitted to a treatment facility pursuant to section
253B.04 for chemical dependency, unless the officer possesses a certificate from the head
of the treatment facility discharging or provisionally discharging the officer from the
treatment facility. Property rights may not be abated but access may be restricted by the
courts;
(7) a person, including a person under the jurisdiction of the juvenile court, who has
been charged with committing a crime of violence and has been placed in a pretrial diversion
program by the court before disposition, until the person has completed the diversion program
and the charge of committing the crime of violence has been dismissed;
(8) except as otherwise provided in clause (9), a person who has been convicted in
another state of committing an offense similar to the offense described in section 609.224,
subdivision 3, against a family or household member or section 609.2242, subdivision 3,
unless three years have elapsed since the date of conviction and, during that time, the person
has not been convicted of any other violation of section 609.224, subdivision 3, or 609.2242,
subdivision 3, or a similar law of another state;
(9) a person who has been convicted in this state or elsewhere of assaulting a family or
household member and who was found by the court to have used a firearm in any way
during commission of the assault is prohibited from possessing any type of firearm or
ammunition for the period determined by the sentencing court;
(10) a person who:
(i) has been convicted in any court of a crime punishable by imprisonment for a term
exceeding one year;
(ii) is a fugitive from justice as a result of having fled from any state to avoid prosecution
for a crime or to avoid giving testimony in any criminal proceeding;
(iii) is an unlawful user of any controlled substance as defined in chapter 152. The use
of medical cannabis flower or medical cannabinoid products by a patient enrolled in the
registry program or the use of adult-use cannabis flower, adult-use cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products by a person 21 years of
age or older does not constitute the unlawful use of a controlled substance under this item;
(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere as
a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the
public, as defined in section 253B.02;
(v) is an alien who is illegally or unlawfully in the United States;
(vi) has been discharged from the armed forces of the United States under dishonorable
conditions;
(vii) has renounced the person's citizenship having been a citizen of the United States;
or
(viii) is disqualified from possessing a firearm under United States Code, title 18, section
922(g)(8) or (9), as amended through March 1, 2014;
(11) a person who has been convicted of the following offenses at the gross misdemeanor
level, unless three years have elapsed since the date of conviction and, during that time, the
person has not been convicted of any other violation of these sections: section 609.229
(crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults motivated
by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a child);
609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring gun);
new text begin 609.666 (storage of firearms); new text end 609.71 (riot); or 609.749 (harassment or stalking). For purposes
of this paragraph, the specified gross misdemeanor convictions include crimes committed
in other states or jurisdictions which would have been gross misdemeanors if conviction
occurred in this state;
(12) a person who has been convicted of a violation of section 609.224 if the court
determined that the assault was against a family or household member in accordance with
section 609.2242, subdivision 3 (domestic assault), unless three years have elapsed since
the date of conviction and, during that time, the person has not been convicted of another
violation of section 609.224 or a violation of a section listed in clause (11);
(13) a person who is subject to an order for protection as described in section 260C.201,
subdivision 3, paragraph (d), or 518B.01, subdivision 6, paragraph (g); or
(14) a person who is subject to an extreme risk protection order as described in section
624.7172 or 624.7174.
A person who issues a certificate pursuant to this section in good faith is not liable for
damages resulting or arising from the actions or misconduct with a firearm or ammunition
committed by the individual who is the subject of the certificate.
The prohibition in this subdivision relating to the possession of firearms other than
pistols and semiautomatic military-style assault weapons does not apply retroactively to
persons who are prohibited from possessing a pistol or semiautomatic military-style assault
weapon under this subdivision before August 1, 1994.
The lifetime prohibition on possessing, receiving, shipping, or transporting firearms and
ammunition for persons convicted or adjudicated delinquent of a crime of violence in clause
(2), applies only to offenders who are discharged from sentence or court supervision for a
crime of violence on or after August 1, 1993.
Participation as a patient in the registry program or use of adult-use cannabis flower,
adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer
products by a person 21 years of age or older does not disqualify the person from possessing
firearms and ammunition under this section.
For purposes of this section, "judicial determination" means a court proceeding pursuant
to sections 253B.07 to 253B.09 or a comparable law from another state.
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