SF 2379

as introduced - 91st Legislature (2019 - 2020) Posted on 03/14/2019 08:41am

A bill for an act
relating to public safety; enabling law enforcement to petition a court to prohibit
people from possessing firearms if they pose a significant danger to themselves
or others by possessing a firearm; amending Minnesota Statutes 2018, section
624.713, subdivision 1; 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 624.713, 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;

(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); 609.71
(riot); or 609.749 (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); deleted text begin or
deleted text end

(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) new text begin ; or
new text end

new text begin (14) a person who is subject to an extreme risk protection order as described in section
624.7164 new text end .

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.

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.

Sec. 2.

new text begin [624.7163] EXTREME RISK PROTECTION ORDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin "Chief law enforcement officer" means the chief of police
of an organized full-time police department of the municipality in which the person resides
or the county sheriff if there is no local chief of police.
new text end

new text begin Subd. 2. new text end

new text begin Court jurisdiction. new text end

new text begin An application for relief under this section may be filed
in the county of the respondent's residence. Actions under this section shall be given docket
priorities by the court.
new text end

new text begin Subd. 3. new text end

new text begin Generally. new text end

new text begin (a) There shall exist an action known as a petition for an extreme
risk protection order for protection from firearm violence that shall enjoin and prohibit the
respondent from possessing firearms for a fixed period.
new text end

new text begin (b) A petition for relief under sections 624.7163 to 624.7169 may be made by the chief
law enforcement officer or the chief's designee.
new text end

new text begin (c) A petition for relief shall allege that the respondent poses a significant danger of
bodily harm to self or to other persons by possessing a firearm. The petition shall be
accompanied by an affidavit made under oath stating specific facts and circumstances
forming a basis to allege that an extreme risk protection order should be granted.
new text end

new text begin (d) A petition for relief must state whether there is an existing order in effect under
sections 624.7163 to 624.7169 or chapter 260C or 518B governing the respondent and
whether there is a pending lawsuit, complaint, petition, or other action involving the
respondent under sections 624.7163 to 624.7169 or chapter 257, 518, 518A, 518B, or 518C.
The court administrator shall verify the terms of an existing order or action. The court may
not delay granting relief because of the existence of a pending action involving the respondent
or the necessity of verifying the terms of an existing order. A petition for relief may be
granted whether or not there is a pending action involving the respondent.
new text end

new text begin (e) A petition for relief must describe, to the best of the petitioner's knowledge, the types
and location of any firearms believed by the petitioner to be possessed by the respondent.
new text end

new text begin (f) The court shall provide simplified forms and clerical assistance to help with writing
and filing a petition under this section.
new text end

new text begin (g) The state court administrator shall create all forms necessary under sections 624.7163
to 624.7169.
new text end

new text begin (h) The filing fees for an extreme risk protection order under this section are waived for
the petitioner and respondent.
new text end

new text begin (i) The court shall advise the petitioner of the right to serve the respondent by alternate
notice under section 624.7164, subdivision 1, paragraph (d), if the respondent is avoiding
personal service by concealment or otherwise, and shall assist in writing and filing the
affidavit.
new text end

new text begin (j) The court shall schedule and hold a hearing on the petition unless the respondent
waives the respondent's right to contest and consents to imposition of an extreme risk
protection order. If a hearing is scheduled under this paragraph, the court shall provide
notice of the hearing date and time to the petitioner and the respondent by mail at least five
days before the hearing.
new text end

new text begin (k) An extreme risk protection order issued under sections 624.7163 to 624.7169 applies
throughout the state.
new text end

new text begin (l) Any proceeding under sections 624.7163 to 624.7169 shall be in addition to other
civil or criminal remedies.
new text end

new text begin (m) All health records and other health information provided in a petition or considered
as evidence in a proceeding under sections 624.7163 to 624.7169 shall be protected from
public disclosure but may be provided to law enforcement agencies as described in this
section.
new text end

new text begin (n) Any extreme risk protection order or subsequent extension issued under sections
624.7163 to 624.7169 shall be forwarded by the court administrator within 24 hours to the
local law enforcement agency with jurisdiction over the residence of the respondent. Each
appropriate law enforcement agency shall make available to other law enforcement officers,
through a system for verification, information as to the existence and status of any extreme
risk protection order issued under sections 624.7163 to 624.7169.
new text end

Sec. 3.

new text begin [624.7164] EXTREME RISK PROTECTION ORDERS ISSUED AFTER
HEARING.
new text end

new text begin Subdivision 1. new text end

new text begin Hearing. new text end

new text begin (a) Upon receipt of the petition for an order after a hearing, the
court shall order a hearing that shall be held no later than 14 days from the date of the order
for hearing.
new text end

new text begin (b) The petitioning law enforcement agency shall be responsible for service of an extreme
risk protection order issued by the court and shall further be the agency responsible for the
execution of any legal process required for the seizure and storage of firearms subject to
the order. Nothing in this provision limits the ability of the law enforcement agency of
record cooperating with other law enforcement entities.
new text end

new text begin (c) Personal service of notice for the hearing may be made upon the respondent at any
time up to 12 hours prior to the time set for the hearing, provided that the respondent at the
hearing may request a continuance of up to five days if the respondent is served less than
five days prior to the hearing. The continuance shall be granted unless there are compelling
reasons not to do so.
new text end

new text begin (d) If personal service cannot be made, the court may order service of the petition and
any order issued under this section by alternate means. The application for alternate service
must include the last known location of the respondent; the petitioner's most recent contacts
with the respondent; the last known location of the respondent's employment; the names
and locations of the respondent's parents, siblings, children, and other close relatives; the
names and locations of other persons who are likely to know the respondent's whereabouts;
and a description of efforts to locate those persons. The court shall consider the length of
time the respondent's location has been unknown, the likelihood that the respondent's location
will become known, the nature of the relief sought, and the nature of efforts made to locate
the respondent. The court shall order service by first-class mail, forwarding address requested,
to any addresses where there is a reasonable possibility that mail or information will be
forwarded or communicated to the respondent. The court may also order publication, within
or outside of the state, but only if it might reasonably succeed in notifying the respondent
of the proceeding. Service shall be deemed complete 14 days after mailing or 14 days after
court-ordered publication.
new text end

new text begin Subd. 2. new text end

new text begin Relief by court. new text end

new text begin (a) At the hearing, the petitioner must prove by clear and
convincing evidence that the respondent poses a significant danger of bodily injury to self
or other persons by possessing a firearm.
new text end

new text begin (b) In determining whether to grant the order after a hearing, the court shall consider
evidence of the following, whether or not the petitioner has provided evidence of the same:
new text end

new text begin (1) a history of threats or acts of violence by the respondent directed toward the
respondent's self or another person;
new text end

new text begin (2) the history of use, attempted use, or threatened use of physical force by the respondent
against another person;
new text end

new text begin (3) a violation of any court order including but not limited to orders issued under sections
624.7163 to 624.7169 or chapter 260C or 518B;
new text end

new text begin (4) a prior arrest for a felony offense;
new text end

new text begin (5) a conviction or prior arrest for a violent misdemeanor offense, for a stalking offense
under section 609.749, or for domestic assault under section 609.2242;
new text end

new text begin (6) a conviction for an offense of cruelty to animals under chapter 343;
new text end

new text begin (7) the unlawful and reckless use, display, or brandishing of a firearm by the respondent;
and
new text end

new text begin (8) evidence of controlled substances or alcohol abuse factored against countervailing
evidence of recovery from abuse of controlled substances or alcohol.
new text end

new text begin (c) In determining whether to grant the order after a hearing, the court may consider any
other evidence that bears on whether the respondent poses a danger to the respondent's self
or others.
new text end

new text begin (d) If the court finds there is clear and convincing evidence to issue an extreme risk
protection order, the court shall issue the order prohibiting the person from possessing a
firearm for the duration of the order. The court shall inform the respondent that the respondent
is prohibited from possessing firearms and shall issue a transfer order under section 624.7166.
The court shall also give notice to the county attorney's office, which may take action as it
deems appropriate.
new text end

new text begin (e) The order shall have a fixed period, to be determined by the court, of not less than
six months and not more than two years, subject to renewal or extension under section
624.7165.
new text end

new text begin (f) At the time an order is granted under this section, the court shall determine by clear
and convincing evidence whether the respondent presents an immediate and present danger
of bodily injury. If the court so determines, the transfer order shall include the provisions
described in section 624.7166, paragraph (c).
new text end

new text begin (g) A respondent may waive the respondent's right to contest the hearing and consent
to the court's imposition of an extreme risk protection order. The court shall seal the petition
filed under this section if a respondent who consents to imposition of an extreme risk
protection order requests that the petition be sealed, unless the court finds that there is clear
and convincing evidence that the interests of the public and public safety outweigh the
disadvantages to the respondent of not sealing the petition. All extreme risk protection orders
shall remain public.
new text end

Sec. 4.

new text begin [624.7165] SUBSEQUENT EXTENSIONS AND TERMINATION.
new text end

new text begin (a) Upon application by the chief law enforcement officer, and after notice to the
respondent and a hearing, the court may extend the relief granted in an existing order granted
after a hearing under section 624.7164. Application for an extension may be made any time
within the three months before the expiration of the existing order. The order may be extended
for a fixed period of at least six months and not to exceed two years if the court makes the
same findings by clear and convincing evidence as required for granting of an initial order
under section 624.7164, subdivision 2, paragraph (d). The court shall consider the same
types of evidence as required for the initial order under section 624.7164, subdivision 2,
paragraphs (b) and (c).
new text end

new text begin (b) Upon application by the respondent to an order issued under section 624.7164, the
court may terminate an order after a hearing at which the respondent shall bear the burden
of proving by a preponderance of the evidence that the respondent does not pose a significant
danger of bodily injury to the respondent's self or to other persons by possessing a firearm.
Application may be made for termination one time for each year an order is in effect. If an
order has been issued for a period of six months, the respondent may apply for termination
one time.
new text end

Sec. 5.

new text begin [624.7166] TRANSFER OF FIREARMS.
new text end

new text begin (a) Upon issuance of an extreme risk protection order, the court shall direct the respondent
to transfer any firearms the person possesses as soon as reasonably practicable, but in no
case later than 24 hours, to a federally licensed firearms dealer or a law enforcement agency.
If the respondent elects to transfer the respondent's firearms to a law enforcement agency,
the agency must accept the transfer. The transfer may be permanent or temporary. A
temporary firearm transfer only entitles the receiving party to possess the firearm and does
not transfer ownership or title. If the respondent makes a temporary transfer, a federally
licensed firearms dealer or law enforcement agency may charge the respondent a reasonable
fee to store the firearms and may establish policies for disposal of abandoned firearms,
provided these policies require that the respondent be notified prior to disposal of abandoned
firearms. If a respondent permanently transfers the respondent's firearms to a law enforcement
agency, the agency is not required to compensate the respondent and may charge the
respondent a reasonable processing fee.
new text end

new text begin (b) The respondent must file proof of transfer as provided in this paragraph.
new text end

new text begin (1) A law enforcement agency or federally licensed firearms dealer accepting transfer
of a firearm pursuant to this section shall provide proof of transfer to the respondent. The
proof of transfer must specify whether the firearms were permanently or temporarily
transferred and must include the name of the respondent, the date of transfer, and the serial
number, manufacturer, and model of the transferred firearms. If transfer is made to a federally
licensed firearms dealer, the respondent shall, within two business days after being served
with the order, file a copy of proof of transfer with the law enforcement agency and attest
that all firearms owned or possessed at the time of the order have been transferred in
accordance with this section and that the respondent currently does not possess any firearms.
If the respondent claims not to own or possess firearms, the respondent shall file a declaration
of nonpossession with the law enforcement agency attesting that, at the time of the order,
the respondent neither owned nor possessed any firearms, and that the respondent currently
neither owns nor possesses any firearms; and
new text end

new text begin (2) The court shall seal affidavits, proofs of transfer, and declarations of nonpossession
filed pursuant to this paragraph.
new text end

new text begin (c) If a court makes a finding of immediate and present danger under section 624.7164,
subdivision 2, paragraph (f), and there is probable cause to believe the respondent possesses
firearms, the court shall issue a search warrant to the local law enforcement agency to take
possession of all firearms in the respondent's possession as soon as practicable. The local
law enforcement agency shall, upon written notice from the respondent, transfer the firearms
to a federally licensed firearms dealer. Before a local law enforcement agency transfers a
firearm under this paragraph, the agency shall require the federally licensed firearms dealer
receiving the firearm to submit a proof of transfer that complies with the requirements for
proofs of transfer established in paragraph (b). The agency shall file all proofs of transfer
received by the court within two business days of the transfer. A federally licensed firearms
dealer who accepts a firearm transfer pursuant to this paragraph shall comply with paragraphs
(a) and (b) as if accepting transfer directly from the respondent. If the law enforcement
agency does not receive written notice from the respondent within three business days, the
agency may charge a reasonable fee to store the respondent's firearms. A law enforcement
agency may establish policies for disposal of abandoned firearms, provided these policies
require that the respondent be notified prior to disposal of abandoned firearms.
new text end

Sec. 6.

new text begin [624.7167] RETURN OF FIREARMS.
new text end

new text begin Subdivision 1. new text end

new text begin Law enforcement. new text end

new text begin A local law enforcement agency that accepted
temporary transfer of firearms under section 624.7166 shall return the firearms to the
respondent upon request after the expiration of the order, provided the respondent is not
otherwise prohibited from possessing firearms under state or federal law.
new text end

new text begin Subd. 2. new text end

new text begin Firearms dealer. new text end

new text begin A federally licensed firearms dealer that accepted temporary
transfer of firearms under section 624.7166 shall return the firearms to the respondent upon
request after the expiration of the order, provided the respondent is not otherwise prohibited
from possessing firearms under state or federal law. A federally licensed firearms dealer
returning firearms shall comply with state and federal law as though transferring a firearm
from the dealer's own inventory.
new text end

Sec. 7.

new text begin [624.7168] OFFENSES.
new text end

new text begin Subdivision 1. new text end

new text begin False information or harassment. new text end

new text begin A person who petitions for an extreme
risk protection order under section 624.7163, knowing any information in the petition to be
materially false or with the intent to harass, abuse, or threaten, is guilty of a misdemeanor.
new text end

new text begin Subd. 2. new text end

new text begin Violation of order. new text end

new text begin A person who possesses a firearm and knows or should
have known that the person is prohibited from doing so by an extreme risk protection order
under section 624.7163, or by an order of protection granted by a judge or referee pursuant
to a substantially similar law of another state, is guilty of a misdemeanor and shall be
prohibited from possessing firearms for a period of five years. Each extreme risk protection
order granted under this chapter must contain a conspicuous notice to the respondent
regarding the penalty for violation of the order.
new text end

Sec. 8.

new text begin [624.7169] LIABILITY PROTECTION.
new text end

new text begin Subdivision 1. new text end

new text begin Liability protection for petition. new text end

new text begin A chief law enforcement officer or a
designee who in good faith decides not to petition for an extreme risk protection order shall
be immune from criminal or civil liability.
new text end

new text begin Subd. 2. new text end

new text begin Liability protection for storage of firearms. new text end

new text begin A law enforcement agency shall
be immune from civil or criminal liability for any damage or deterioration of firearms,
ammunition, or weapons stored or transported pursuant to section 624.7166. This subdivision
shall not apply if the damage or deterioration occurred as a result of recklessness, gross
negligence, or intentional misconduct by the law enforcement agency.
new text end

Sec. 9. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 8 are effective January 1, 2020. Sections 1 and 7 apply to crimes committed
on or after that date.
new text end