SF 1289

as introduced - 91st Legislature (2019 - 2020) Posted on 02/14/2019 04:07pm

A bill for an act
relating to public safety; requiring criminal background checks for firearms
transfers; amending Minnesota Statutes 2018, sections 624.7131; 624.7132;
624.714, subdivision 4; proposing coding for new law in Minnesota Statutes,
chapter 624.

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

Section 1.

Minnesota Statutes 2018, section 624.7131, is amended to read:

624.7131 TRANSFEREE PERMIT; PENALTY.

Subdivision 1.

Information.

Any person may apply for a transferee permit by providing
the following information in writing to the chief of police of an organized full time police
department of the municipality in which the person resides or to the county sheriff if there
is no such local chief of police:

(1) the name, residence, telephone number, and driver's license number or
nonqualification certificate number, if any, of the proposed transferee;

(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical
characteristics, if any, of the proposed transferee;

(3) a statement that the proposed transferee authorizes the release to the local police
authority of commitment information about the proposed transferee maintained by the
commissioner of human services, to the extent that the information relates to the proposed
transferee's eligibility to possess a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin
firearm new text end under section 624.713, subdivision 1; and

(4) a statement by the proposed transferee that the proposed transferee is not prohibited
by section 624.713 from possessing a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin
firearm new text end .

The statements shall be signed and dated by the person applying for a permit. At the
time of application, the local police authority shall provide the applicant with a dated receipt
for the application. The statement under clause (3) must comply with any applicable
requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect
to consent to disclosure of alcohol or drug abuse patient records.

Subd. 2.

Investigation.

new text begin (a) new text end The chief of police or sheriff shall check criminal histories,
records and warrant information relating to the applicant through the Minnesota Crime
Information System, the national criminal record repository, and the National Instant Criminal
Background Check System. The chief of police or sheriff shall also 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.

new text begin (b) The chief of police or sheriff shall conduct a background check by means of electronic
data transfer on a permit holder through the Minnesota Crime Information System and the
National Instant Criminal Background Check System at least monthly to ensure continuing
eligibility. The chief of police or sheriff may also conduct additional background checks
by means of electronic data transfer or as described in paragraph (a) on a permit holder at
any time during the period that a permit is in effect.
new text end

Subd. 3.

Forms.

Chiefs of police and sheriffs shall make transferee permit application
forms available throughout the community. There shall be no charge for forms, reports,
investigations, notifications, waivers or any other act performed or materials provided by
a government employee or agency in connection with application for or issuance of a
transferee permit.

Subd. 4.

Grounds for disqualification.

A determination by the chief of police or sheriff
that the applicant is prohibited by section 624.713 from possessing a deleted text begin pistol or semiautomatic
military-style assault weapon deleted text end new text begin firearm new text end shall be the only basis for refusal to grant a transferee
permit.

Subd. 5.

Granting of permits.

new text begin (a) new text end The chief of police or sheriff shall issue a transferee
permit or deny the application within seven days of application for the permit.

new text begin (b) In the case of a denial, new text end the chief of police or sheriff shall provide an applicant with
written notification of a denial and the specific reason for the denial.

new text begin (c) new text end The permits and their renewal shall be granted free of charge.

Subd. 6.

Permits valid statewide.

Transferee permits issued pursuant to this section are
valid statewide and shall expire after one year. A transferee permit may be renewed in the
same manner and subject to the same provisions by which the original permit was obtained,
except that all renewed permits must comply with the standards adopted by the commissioner
under section 624.7151.

Permits issued pursuant to this section are not transferable. A person who transfers a
permit in violation of this subdivision is guilty of a misdemeanor.

Subd. 7.

Permit voided.

The transferee permit shall be void at the time that the holder
becomes prohibited from possessing a deleted text begin pistol deleted text end new text begin firearm new text end under section 624.713, in which event
the holder shall return the permit within five days to the issuing authority. Failure of the
holder to return the permit within the five days is a misdemeanor unless the court finds that
the circumstances or the physical or mental condition of the permit holder prevented the
holder from complying with the return requirement.

Subd. 8.

Hearing upon denial.

Any person aggrieved by denial of a transferee permit
may appeal the denial to the district court having jurisdiction over the county or municipality
in which the denial occurred.

Subd. 9.

Permit to carry.

A valid permit to carry issued pursuant to section 624.714
constitutes a transferee permit for the purposes of this section and section 624.7132.

Subd. 10.

Transfer report not required.

A person who transfers a deleted text begin pistol or
semiautomatic military-style assault weapon deleted text end new text begin firearm new text end to a person exhibiting a valid transferee
permit issued pursuant to this section or a valid permit to carry issued pursuant to section
624.714 is not required to file a transfer report pursuant to section 624.7132, subdivision
1.

Subd. 11.

Penalty.

A person who makes a false statement in order to obtain a transferee
permit knowing or having reason to know the statement is false is guilty of a gross
misdemeanor.

Subd. 12.

Local regulation.

This section shall be construed to supersede municipal or
county regulation of the issuance of transferee permits.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, section 624.7132, is amended to read:

624.7132 REPORT OF TRANSFER.

Subdivision 1.

Required information.

Except as provided in this section and section
624.7131, every person who agrees to transfer a deleted text begin pistol or semiautomatic military-style
assault weapon deleted text end new text begin firearm new text end shall report the following information in writing to the chief of
police of the organized full-time police department of the municipality where the proposed
transferee resides or to the appropriate county sheriff if there is no such local chief of police:

(1) the name, residence, telephone number, and driver's license number or
nonqualification certificate number, if any, of the proposed transferee;

(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical
characteristics, if any, of the proposed transferee;

(3) a statement that the proposed transferee authorizes the release to the local police
authority of commitment information about the proposed transferee maintained by the
commissioner of human services, to the extent that the information relates to the proposed
transferee's eligibility to possess a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin
firearm new text end under section 624.713, subdivision 1;

(4) a statement by the proposed transferee that the transferee is not prohibited by section
624.713 from possessing a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end ;
and

(5) the address of the place of business of the transferor.

The report shall be signed and dated by the transferor and the proposed transferee. The
report shall be delivered by the transferor to the chief of police or sheriff no later than three
days after the date of the agreement to transfer, excluding weekends and legal holidays.
The statement under clause (3) must comply with any applicable requirements of Code of
Federal Regulations, title 42, sections 2.31 to 2.35, with respect to consent to disclosure of
alcohol or drug abuse patient records.

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, the national criminal record
repository, and the National Instant Criminal Background Check System. The chief of police
or sheriff shall also 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.

Subd. 3.

Notification.

The chief of police or sheriff shall notify the transferor and
proposed transferee in writing as soon as possible if the chief or sheriff determines that the
proposed transferee is prohibited by section 624.713 from possessing a deleted text begin pistol or
semiautomatic military-style assault weapon deleted text end new text begin firearm new text end . The notification to the transferee shall
specify the grounds for the disqualification of the proposed transferee and shall set forth in
detail the transferee's right of appeal under subdivision 13.

Subd. 4.

Delivery.

Except as otherwise provided in subdivision 7 or 8, no person shall
deliver a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end to a proposed
transferee until five business days after the date the agreement to transfer is delivered to a
chief of police or sheriff in accordance with subdivision 1 unless the chief of police or sheriff
waives all or a portion of the seven-day waiting period. The chief of police or sheriff may
waive all or a portion of the five business day waiting period in writing if the chief of police
or sheriff finds that the transferee requires access to a deleted text begin pistol or semiautomatic military-style
assault weapon deleted text end new text begin firearm new text end because of a threat to the life of the transferee or of any member of
the household of the transferee.

No person shall deliver a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end
to a proposed transferee after receiving a written notification that the chief of police or
sheriff has determined that the proposed transferee is prohibited by section 624.713 from
possessing a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end .

If the transferor makes a report of transfer and receives no written notification of
disqualification of the proposed transferee within five business days after delivery of the
agreement to transfer, the deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end
may be delivered to the transferee.

Subd. 5.

Grounds for disqualification.

A determination by the chief of police or sheriff
that the proposed transferee is prohibited by section 624.713 from possessing a deleted text begin pistol or
semiautomatic military-style assault weapon deleted text end new text begin firearm new text end shall be the sole basis for a notification
of disqualification under this section.

Subd. 6.

Transferee permit.

If a chief of police or sheriff determines that a transferee
is not a person prohibited by section 624.713 from possessing a deleted text begin pistol or semiautomatic
military-style assault weapon deleted text end new text begin firearm new text end , the transferee may, within 30 days after the
determination, apply to that chief of police or sheriff for a transferee permit, and the permit
shall be issued.

Subd. 8.

Report not required.

If the proposed transferee presents a valid transferee
permit issued under section 624.7131 or a valid permit to carry issued under section 624.714,
the transferor need not file a transfer report.

Subd. 9.

Number of deleted text begin pistols or semiautomatic military-style assault weapons deleted text end new text begin
firearms new text end .

Any number of deleted text begin pistols or semiautomatic military-style assault weapons deleted text end new text begin firearms new text end
may be the subject of a single transfer agreement and report to the chief of police or sheriff.
Nothing in this section or section 624.7131 shall be construed to limit or restrict the number
of deleted text begin pistols or semiautomatic military-style assault weapons deleted text end new text begin firearms new text end a person may acquire.

Subd. 10.

Restriction on records.

If, after a determination that the transferee is not a
person prohibited by section 624.713 from possessing a deleted text begin pistol or semiautomatic military-style
assault weapon deleted text end new text begin firearm new text end , a transferee requests that no record be maintained of the fact of
who is the transferee of a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end , the
chief of police or sheriff shall sign the transfer report and return it to the transferee as soon
as possible. Thereafter, no government employee or agency shall maintain a record of the
transfer that identifies the transferee, and the transferee shall retain the report of transfer.

Subd. 11.

Forms; cost.

Chiefs of police and sheriffs shall make transfer report forms
available throughout the community. There shall be no charge for forms, reports,
investigations, notifications, waivers or any other act performed or materials provided by
a government employee or agency in connection with a transfer.

Subd. 12.

Exclusions.

Except as otherwise provided in section 609.66, subdivision 1f,
this section shall not apply to transfers of antique firearms as curiosities or for their historical
significance or value, transfers to or between federally licensed firearms dealers, transfers
by order of court, involuntary transfers, transfers at death or the following transfers:

(1) a transfer by a person other than a federally licensed firearms dealer;

(2) a loan to a prospective transferee if the loan is intended for a period of no more than
one day;

(3) the delivery of a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end to a
person for the purpose of repair, reconditioning or remodeling;

(4) a loan by a teacher to a student in a course designed to teach marksmanship or safety
with a deleted text begin pistol deleted text end new text begin firearm new text end and approved by the commissioner of natural resources;

(5) a loan between persons at a firearms collectors exhibition;

(6) a loan between persons lawfully engaged in hunting or target shooting if the loan is
intended for a period of no more than 12 hours;

(7) a loan between law enforcement officers who have the power to make arrests other
than citizen arrests; and

(8) a loan between employees or between the employer and an employee in a business
if the employee is required to carry a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin
firearm new text end by reason of employment and is the holder of a valid permit to carry a pistol.

Subd. 13.

Appeal.

A person aggrieved by the determination of a chief of police or sheriff
that the person is prohibited by section 624.713 from possessing a deleted text begin pistol or semiautomatic
military-style assault weapon deleted text end new text begin firearm new text end may appeal the determination as provided in this
subdivision. The district court shall have jurisdiction of proceedings under this subdivision.

On review pursuant to this subdivision, the court shall be limited to a determination of
whether the proposed transferee is a person prohibited from possessing a deleted text begin pistol or
semiautomatic military-style assault weapon deleted text end new text begin firearm new text end by section 624.713.

Subd. 14.

Transfer to unknown party.

(a) No person shall transfer a deleted text begin pistol or
semiautomatic military-style assault weapon deleted text end new text begin firearm new text end to another who is not personally known
to the transferor unless the proposed transferee presents evidence of identity to the transferor.

(b) No person who is not personally known to the transferor shall become a transferee
of a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end unless the person presents
evidence of identity to the transferor.

(c) The evidence of identity shall contain the name, residence address, date of birth, and
photograph of the proposed transferee; must be made or issued by or under the authority of
the United States government, a state, a political subdivision of a state, a foreign government,
a political subdivision of a foreign government, an international governmental or an
international quasi-governmental organization; and must be of a type commonly accepted
for the purpose of identification of individuals.

(d) A person who becomes a transferee of a deleted text begin pistol or semiautomatic military-style assault
weapon deleted text end new text begin firearm new text end in violation of this subdivision is guilty of a misdemeanor.

Subd. 15.

Penalties.

(a) Except as otherwise provided in paragraph (b), a person who
does any of the following is guilty of a gross misdemeanor:

(1) transfers a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end in violation
of subdivisions 1 to 13;

(2) transfers a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end to a person
who has made a false statement in order to become a transferee, if the transferor knows or
has reason to know the transferee has made the false statement;

(3) knowingly becomes a transferee in violation of subdivisions 1 to 13; or

(4) makes a false statement in order to become a transferee of a deleted text begin pistol or semiautomatic
military-style assault weapon deleted text end new text begin firearm new text end knowing or having reason to know the statement is
false.

(b) A person who does either of the following is guilty of a felony:

(1) transfers a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end to a person
under the age of 18 in violation of subdivisions 1 to 13; or

(2) transfers a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end to a person
under the age of 18 who has made a false statement in order to become a transferee, if the
transferor knows or has reason to know the transferee has made the false statement.

Subd. 16.

Local regulation.

This section shall be construed to supersede municipal or
county regulation of the transfer of deleted text begin pistols deleted text end new text begin firearms new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

new text begin [624.7134] PRIVATE PARTY TRANSFER; BACKGROUND CHECK
REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings provided in this subdivision.
new text end

new text begin (b) "Firearms dealer" means a person who is licensed by the United States Department
of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, under United States Code,
title 18, section 923(a), as amended through February 15, 2019.
new text end

new text begin (c) "State or federally issued identification" means a document or card made or issued
by or under the authority of the United States government or the state that contains the
person's name, residence address, date of birth, and photograph and is of a type commonly
accepted for the purpose of identification of individuals.
new text end

new text begin (d) "Relative" means a spouse, parent, stepparent, child, stepchild, brother, sister, aunt,
uncle, grandparent, or grandchild by blood or marriage.
new text end

new text begin Subd. 2. new text end

new text begin Background check and evidence of identity. new text end

new text begin A person who is not a firearms
dealer is prohibited from transferring a firearm to any other person who is not a firearms
dealer, unless the transferee presents a valid state permit to carry issued under section
624.714 or a valid transferee permit issued under section 624.7131, and a current state or
federally issued identification.
new text end

new text begin Subd. 3. new text end

new text begin Record of the transfer; required information. new text end

new text begin (a) When two parties complete
the transfer of a firearm under subdivision 2, the transferor and transferee must complete a
record of transfer on a form designed and made publicly available without fee for this
purpose by the superintendent of the Bureau of Criminal Apprehension. Each page of the
record of transfer must be signed and dated by the transferor and the transferee and contain
the serial number of the firearm.
new text end

new text begin (b) The record of transfer must contain the following information:
new text end

new text begin (1) a clear photocopy of each person's current state or federally issued identification;
new text end

new text begin (2) a clear photocopy of the transferee's permit to carry or transferee permit; and
new text end

new text begin (3) a signed statement by the transferee swearing that the transferee is not currently
prohibited by state or federal law from possessing a firearm.
new text end

new text begin (c) The record of transfer must also contain the following information regarding the
transferred firearm:
new text end

new text begin (1) the type of firearm;
new text end

new text begin (2) the manufacturer, make, and model of the firearm; and
new text end

new text begin (3) the firearm's manufacturer-assigned serial number.
new text end

new text begin (d) Both the transferor and the transferee must retain a copy of the record of transfer
and any attachments to the record of transfer for five years following the transfer.
new text end

new text begin Subd. 4. new text end

new text begin Compulsory production of a record of transfer; gross misdemeanor
penalty. new text end

new text begin (a) The transferor and transferee of a firearm transferred under this section must
produce the record of transfer when a peace officer requests the record as part of a criminal
investigation or case.
new text end

new text begin (b) A person who refuses or is unable to produce a record of transfer for a firearm
transferred under this section within the preceding five years in response to a request for
production made by a peace officer pursuant to paragraph (a) is guilty of a gross
misdemeanor. A prosecution or conviction for violation of this subdivision is not a bar to
conviction of or punishment for any other crime committed involving the transferred firearm.
new text end

new text begin Subd. 5. new text end

new text begin Immunity. new text end

new text begin A person is immune to a charge of violating this section if the person
presents a record of transfer that satisfies the requirements of subdivision 3.
new text end

new text begin Subd. 6. new text end

new text begin Exclusions. new text end

new text begin (a) This section shall not apply to the following transfers:
new text end

new text begin (1) transfers by or to a firearms dealer;
new text end

new text begin (2) a transfer to a relative who is not ineligible to possess a firearm under state or federal
law;
new text end

new text begin (3) a transfer by or to any law enforcement agency;
new text end

new text begin (4) to the extent the transferee is acting within the course and scope of employment and
official duties, a transfer to:
new text end

new text begin (i) a peace officer, as defined in section 626.84, subdivision 1, paragraph (c);
new text end

new text begin (ii) a member of the armed forces of the United States, the National Guard, or the
Reserves of the United States armed forces;
new text end

new text begin (iii) a federal law enforcement officer; or
new text end

new text begin (iv) a security guard employed by a protective agent licensed pursuant to chapter 326;
new text end

new text begin (5) a transfer to an executor, administrator, trustee, or personal representative of an estate
or a trust that occurs by operation of law upon the death of the former owner of the firearm;
new text end

new text begin (6) a transfer of an antique firearm as defined in section 624.712, subdivision 3;
new text end

new text begin (7) a transfer of a curio or relic, as defined in Code of Federal Regulations, title 27,
section 478.11, as amended through February 15, 2019, if the transfer is between collectors
of firearms as curios or relics as defined by United States Code, title 18, section 921(a)(13),
as amended through February 15, 2019, who each have in their possession a valid collector
of curio and relics license issued by the United States Department of Justice, Bureau of
Alcohol, Tobacco, Firearms and Explosives;
new text end

new text begin (8) the temporary transfer of a firearm if:
new text end

new text begin (i) the transfer is necessary to prevent imminent death or great bodily harm; and
new text end

new text begin (ii) the person's possession lasts only as long as immediately necessary to prevent
imminent death or great bodily harm;
new text end

new text begin (9) the delivery of a firearm to a person for the purpose of repair, reconditioning, or
remodeling;
new text end

new text begin (10) a temporary transfer if the transferee's possession of the firearm following the
transfer is only:
new text end

new text begin (i) at a shooting range that operates in compliance with the performance standards under
chapter 87A or is a nonconforming use under section 87A.03, subdivision 2, or, if compliance
is not required by the governing body of the jurisdiction, at an established shooting range
operated consistently with local law in the jurisdiction;
new text end

new text begin (ii) at a lawfully organized competition involving the use of a firearm or while
participating in or practicing for a performance by an organized group that uses firearms as
part of the performance;
new text end

new text begin (iii) for no more than 12 hours while hunting or trapping if the hunting or trapping is
legal in all places where the transferee possesses the firearm and the transferee holds all
licenses or permits required for hunting or trapping; or
new text end

new text begin (iv) while in the actual presence of the transferor; and
new text end

new text begin (11) a loan by a teacher to a student in a course designed to teach marksmanship or
safety with a firearm and approved by the commissioner of natural resources.
new text end

new text begin (b) A transfer under this subdivision is permitted only if the transferor has no reason to
believe:
new text end

new text begin (1) that the transferee is prohibited by federal law from buying or possessing firearms
or not entitled under state law to possess firearms; or
new text end

new text begin (2) if the transferee is under 18 years of age and is receiving the firearm under direct
supervision and control of an adult, that the adult is prohibited by federal law from buying
or possessing firearms or not entitled under state law to possess firearms.
new text end

new text begin Subd. 7. new text end

new text begin Penalty. new text end

new text begin A transferor or transferee who engages in the transfer of a firearm in
violation of this section is guilty of a gross misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2018, 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 and the National Instant Criminal Background 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 and the National
Instant Criminal Background Check System at least deleted text begin yearly deleted text end new text begin monthly new text end to ensure continuing
eligibility. The sheriff may also 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end