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SF 64

as introduced - 88th Legislature (2013 - 2014) Posted on 02/15/2013 08:41am

KEY: stricken = removed, old language.
underscored = added, new language.
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6.1

A bill for an act
relating to public safety; permitting violent felons to petition the Board of
Pardons 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; 638.02, subdivision 1, by adding subdivisions; 638.07; 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, or whose ability to possess firearms has been restored
under section deleted text begin 609.165, subdivision 1ddeleted text end new text begin 638.02, subdivision 2anew 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, or whose ability to possess firearms has been restored under section deleted text begin 609.165,
subdivision 1d
deleted text end new text begin 638.02, subdivision 2anew 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, or whose ability to possess firearms has been restored under
deleted text begin subdivision 1ddeleted text end new text begin section 638.02, subdivision 2anew 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 925, or whose
ability to possess firearms has been restored under deleted text begin subdivision 1ddeleted text end new text begin section 638.02,
subdivision 2a
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

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, or whose ability to possess firearms has
been restored under section deleted text begin 609.165, subdivision 1ddeleted text end new text begin 638.02, subdivision 2anew 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, or section deleted text begin 609.165, subdivision 1ddeleted text end new text begin 638.02, subdivision
2a
new 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 925, or whose ability to possess firearms has been restored under section deleted text begin 609.165,
subdivision 1d
deleted text end new text begin 638.02, subdivision 2anew 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.

Minnesota Statutes 2012, section 638.02, subdivision 1, is amended to read:


Subdivision 1.

Absolute or conditional pardons; commutation of sentences.

The
Board of Pardons may grant an absolute or a conditional pardon, but every conditional
pardon shall state the terms and conditions on which it was granted. Every pardonnew text begin ,
restoration of firearm rights,
new text end or commutation of sentence shall be in writing and shall have
no force or effect unless granted by a unanimous vote of the board duly convened.

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

Minnesota Statutes 2012, section 638.02, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Application for restoration of firearm rights. new text end

new text begin A person prohibited by
state law from shipping, transporting, possessing, or receiving a firearm because of a
conviction or a delinquency adjudication for committing a crime of violence, and who
meets the filing and time requirements of subdivision 2, may file an application for relief
with the Board of Pardons to restore the person's ability to possess, receive, ship, or
transport firearms and otherwise deal with firearms.
new text end

new text begin The Board of Pardons may grant the relief sought if the board determines that the
person is of good character and reputation and shows good cause to do so. The application
for a restoration of firearm rights, the proceedings to review an application, and the notice
requirements are governed by the statutes and the rules of the board in respect to other
proceedings before the board. The application shall contain any further information that
the board may require.
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

Sec. 10.

Minnesota Statutes 2012, section 638.02, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Restoration of firearm rights; filing; copies sent. new text end

new text begin Upon restoring
a person's firearm rights, the Board of Pardons shall file a copy of its order and the
restoration with the district court of the county in which the conviction occurred, and the
court shall order the person's firearm rights to be fully restored and include a copy of the
restoration from the Board of Pardons in the court file. The court shall send a copy of its
order and the restoration to the Bureau of Criminal Apprehension.
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

Sec. 11.

Minnesota Statutes 2012, section 638.07, is amended to read:


638.07 RECORDS; SECRETARY.

The Board of Pardons shall keep a record of every petition received, and of every
pardon, reprieve, new text begin restoration of firearm rights, new text end or commutation of sentence granted or
refused, and the reasons assigned therefor, and shall have a seal, with which every pardon,
reprieve, new text begin restoration of firearm rights, new text end or commutation of sentence shall be attested. It
may adopt such additional necessary and proper rules as are not inconsistent herewith.
The commissioner of corrections or a designee shall be the secretary of the board. The
commissioner shall have charge of and keep its records and perform such other duties as
the board may from time to time direct. The commissioner is hereby authorized and
empowered to serve subpoenas and other writs or processes necessary to return parole
violators to prison, and to bring before the board witnesses to be heard in matters pending
before it. The records and all the files shall be kept and preserved by the secretary, and
shall be open to public inspection at all reasonable times.

new text begin EFFECTIVE DATE. new text end

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

Sec. 12. new text begin RESTORATION OF ABILITY TO POSSESS FIREARM; PENDING.
new text end

new text begin All petitions filed for relief under Minnesota Statutes 2012, section 609.165,
subdivision 1d, that are pending and have not received a final judgment, shall be dismissed
and any filing fees shall be refunded to the petitioner.
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

Sec. 13. 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