SF 722

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:15am

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, section 624.713, subdivision 1, by adding a subdivision; 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 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 confined 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, 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 begin person
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 end new 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, or 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 deleted text begin 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 end new text begin person's ability to possess a firearm has been restored under
subdivision 4 new text end ;

(5) a person who has been confined or committed to a treatment facility in Minnesota
or elsewhere as chemically dependent as defined in section 253B.02, unless the person has
completed treatment new 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.

deleted text begin A person who issues a certificate pursuant to this subdivision 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.
deleted text end

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.

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 Petition authorized to restore ability of committed persons to possess
firearm. new text end

new text begin A person prohibited from possessing a firearm under subdivision 1, clause
(3), (5), or (10), item (iv), due to confinement or commitment resulting from a judicial
determination that the person was 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. The court may grant the relief sought if the person shows that the
person no longer suffers from the condition that led to the confinement or commitment,
that the person is not likely to act in a manner that is dangerous to public safety, and that
the granting of the relief sought is not contrary to the public interest.
new text end