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Minnesota Legislature

Office of the Revisor of Statutes

SF 722

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:15am

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

Current Version - 3rd Engrossment

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A bill for an act
relating to public safety; requiring that information on persons civilly committed,
found not guilty by reason of mental illness, or incompetent to stand trial be
transmitted to the federal National Instant Criminal Background Check System;
authorizing certain persons prohibited under state law from possessing a firearm
to petition a court for restoration of this right; amending Minnesota Statutes 2008,
sections 624.713, subdivision 1, by adding a subdivision; 624.7131, subdivision
2; 624.7132, subdivision 2; 624.714, subdivision 4; proposing coding for new
law in Minnesota Statutes, chapter 253B.

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

Section 1.

new text begin [253B.24] TRANSMITTAL OF DATA TO NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK SYSTEM.
new text end

new text begin When a court:
new text end

new text begin (1) commits a person under this chapter as being mentally ill, developmentally
disabled, mentally ill and dangerous, or chemically dependent;
new text end

new text begin (2) determines in a criminal case that a person is incompetent to stand trial or not
guilty by reason of mental illness; or
new text end

new text begin (3) restores a person's ability to possess a firearm under section 609.165, subdivision
1d, or 624.713, subdivision 4,
new text end

new text begin the court shall ensure that this information is transmitted as soon as practicable to the
National Instant Criminal Background Check System.
new text end

Sec. 2.

Minnesota Statutes 2008, section 624.713, subdivision 1, is amended to read:


Subdivision 1.

Ineligible persons.

The following persons shall not be entitled to
possess 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 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 deleted text beginconfineddeleted text endnew text begin committednew text end in Minnesota or elsewhere
deleted text begin as adeleted text endnew text begin by a judicial determination that thenew text end person deleted text beginwhodeleted text end 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 deleted text beginperson possesses a certificate of a medical doctor
or psychiatrist licensed in Minnesota, or other satisfactory proof that the person is no
longer suffering from this disability
deleted text endnew text begin person's ability to possess a firearm has been restored
under subdivision 4
new text end;

(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor
or gross misdemeanor violation of chapter 152, deleted text beginor a person who is or has ever been
hospitalized or committed for treatment for the habitual use of a controlled substance
or marijuana, as defined in sections 152.01 and 152.02, unless the person possesses a
certificate of a medical doctor or psychiatrist licensed in Minnesota, or other satisfactory
proof, that the person has not abused a controlled substance or marijuana during the
previous two years
deleted text endnew text begin 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 has been restored under subdivision 4
new text end;

(5) a person who has been deleted text beginconfined ordeleted text end committed to a treatment facility in Minnesota
or elsewhere deleted text beginasdeleted text endnew text begin by a judicial determination that the person isnew text end chemically dependent as
defined in section 253B.02, unless the person has completed treatmentnew text begin or the person's
ability to possess a firearm has been restored under subdivision 4
new text end. 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 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;

(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; or

(vii) has renounced the person's citizenship having been a citizen of the United
States; or

(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); 609.71 (riot); or 609.749 (harassment and 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.

A person who issues a certificate pursuant to this deleted text beginsubdivisiondeleted text endnew text begin section new text end in good faith is
not liable for damages resulting or arising from the actions or misconduct with a firearm
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
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.

new text begin For purposes of this section, "judicial determination" means a court proceeding
pursuant to sections 253B.07 through 253B.09 or a comparable law from another state.
new text end

Sec. 3.

Minnesota Statutes 2008, section 624.713, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Restoration of firearms eligibility to civilly committed person; petition
authorized.
new text end

new text begin (a) A person who is prohibited from possessing a firearm under subdivision
1, due to commitment resulting from a judicial determination that the person is mentally
ill, developmentally disabled, mentally ill and dangerous, or chemically dependent, may
petition a court to restore the person's ability to possess a firearm.
new text end

new text begin (b) The court may grant the relief sought in paragraph (a) in accordance with
the principles of due process if the circumstances regarding the person's disqualifying
condition and the person's record and reputation are determined to be such that:
new text end

new text begin (1) the person is not likely to act in a manner that is dangerous to public safety; and
new text end

new text begin (2) the granting of relief would not be contrary to the public interest.
new text end

new text begin (c) When determining whether a person has met the requirement of paragraph (b),
clause (1), the court may consider evidence from a licensed medical doctor or clinical
psychologist that the person is no longer suffering from the disease or condition that
caused the disability or that the disease or condition has been successfully treated for a
period of three consecutive years.
new text end

new text begin (d) Review on appeal shall be de novo.
new text end

Sec. 4.

Minnesota Statutes 2008, section 624.7131, subdivision 2, is amended to read:


Subd. 2.

Investigation.

The chief of police or sheriff shall check criminal histories,
records and warrant information relating to the applicant through the Minnesota crime
information system deleted text beginanddeleted text endnew text begin,new text end the national criminal record repository deleted text beginanddeleted text endnew text begin, and the National
Instant Criminal Background Check System. The chief of police or sheriff
new text end shallnew text begin alsonew text end make
a reasonable effort to check other available state and local record-keeping systems. The
chief of police or sheriff shall obtain commitment information from the commissioner of
human services as provided in section 245.041.

Sec. 5.

Minnesota Statutes 2008, section 624.7132, subdivision 2, is amended to read:


Subd. 2.

Investigation.

Upon receipt of a transfer report, the chief of police or
sheriff shall check criminal histories, records and warrant information relating to the
proposed transferee through the Minnesota crime information system deleted text beginanddeleted text endnew text begin,new text end the national
criminal record repositorynew text begin, and the National Instant Criminal Background Check System.new text end
deleted text begin anddeleted text endnew text begin The chief of police or sheriffnew text end shallnew text begin alsonew text end make a reasonable effort to check other
available state and local record-keeping systems. The chief of police or sheriff shall
obtain commitment information from the commissioner of human services as provided
in section 245.041.

Sec. 6.

Minnesota Statutes 2008, section 624.714, subdivision 4, is amended to read:


Subd. 4.

Investigation.

(a) The sheriff must check, by means of electronic data
transfer, criminal records, histories, and warrant information on each applicant through the
Minnesota Crime Information System anddeleted text begin, to the extent necessary,deleted text end the National Instantnew text begin
Criminal Background
new text end Check System. The sheriff shall also make a reasonable effort to
check other available and relevant federal, state, or local record-keeping systems. The
sheriff must obtain commitment information from the commissioner of human services as
provided in section 245.041 or, if the information is reasonably available, as provided by a
similar statute from another state.

(b) When an application for a permit is filed under this section, the sheriff must notify
the chief of police, if any, of the municipality where the applicant resides. The police chief
may provide the sheriff with any information relevant to the issuance of the permit.

(c) The sheriff must conduct a background check by means of electronic data
transfer on a permit holder through the Minnesota Crime Information System anddeleted text begin, to the
extent necessary,
deleted text end the National Instantnew text begin Criminal Backgroundnew text end Check System at least yearly
to ensure continuing eligibility. The sheriff maynew text begin alsonew text end conduct additional background
checks by means of electronic data transfer on a permit holder at any time during the
period that a permit is in effect.

Sec. 7. new text beginEFFECTIVE DATE.
new text end

new text begin Section 1 is effective July 1, 2010.
new text end