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SF 3382

as introduced - 91st Legislature (2019 - 2020) Posted on 02/20/2020 03:08pm

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

Current Version - as introduced

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A bill for an act
relating to public safety; providing that a person may not be denied the right to
purchase, own, possess, or carry a firearm solely on the basis that the person is
enrolled as a patient in the medical cannabis registry; amending Minnesota Statutes
2018, sections 624.712, by adding subdivisions; 624.714, subdivision 6; 624.7142,
subdivision 1; 624.7151; Minnesota Statutes 2019 Supplement, 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 624.712, is amended by adding a subdivision
to read:


new text begin Subd. 13. new text end

new text begin Medical cannabis. new text end

new text begin "Medical cannabis" has the meaning given in section
152.22, subdivision 6.
new text end

Sec. 2.

Minnesota Statutes 2018, section 624.712, is amended by adding a subdivision to
read:


new text begin Subd. 14. new text end

new text begin Qualifying medical condition. new text end

new text begin "Qualifying medical condition" has the meaning
given in section 152.22, subdivision 14.
new text end

Sec. 3.

Minnesota Statutes 2018, section 624.712, is amended by adding a subdivision to
read:


new text begin Subd. 15. new text end

new text begin Qualifying patient. new text end

new text begin "Qualifying patient" has the meaning given to the term
"patient" in section 152.22, subdivision 9.
new text end

Sec. 4.

Minnesota Statutes 2019 Supplement, 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 152new text begin. The use
of medical cannabis by a patient enrolled in the medical cannabis registry under sections
152.22 to 152.37 does not constitute the unlawful use of a controlled substance under this
item
new text end;

(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 (harassment or 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); or

(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).

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.

new text begin Participation as a patient in the medical cannabis registry under sections 152.22 to 152.37
does not disqualify the person from possessing firearms and ammunition under this section.
new text end

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. 5.

Minnesota Statutes 2018, section 624.714, subdivision 6, is amended to read:


Subd. 6.

Granting and denial of permits.

(a) The sheriff must, within 30 days after the
date of receipt of the application packet described in subdivision 3:

(1) issue the permit to carry;

(2) deny the application for a permit to carry solely on the grounds that the applicant
failed to qualify under the criteria described in subdivision 2, paragraph (b); or

(3) deny the application on the grounds that there exists a substantial likelihood that the
applicant is a danger to self or the public if authorized to carry a pistol under a permit.

(b) Failure of the sheriff to notify the applicant of the denial of the application within
30 days after the date of receipt of the application packet constitutes issuance of the permit
to carry and the sheriff must promptly fulfill the requirements under paragraph (c). To deny
the application, the sheriff must provide the applicant with written notification and the
specific factual basis justifying the denial under paragraph (a), clause (2) or (3), including
the source of the factual basis. The sheriff must inform the applicant of the applicant's right
to submit, within 20 business days, any additional documentation relating to the propriety
of the denial. Upon receiving any additional documentation, the sheriff must reconsider the
denial and inform the applicant within 15 business days of the result of the reconsideration.
Any denial after reconsideration must be in the same form and substance as the original
denial and must specifically address any continued deficiencies in light of the additional
documentation submitted by the applicant. The applicant must be informed of the right to
seek de novo review of the denial as provided in subdivision 12.

(c) Upon issuing a permit to carry, the sheriff must provide a laminated permit card to
the applicant by first class mail unless personal delivery has been made. Within five business
days, the sheriff must submit the information specified in subdivision 7, paragraph (a), to
the commissioner for inclusion solely in the database required under subdivision 15,
paragraph (a). The sheriff must transmit the information in a manner and format prescribed
by the commissioner.

(d) Within five business days of learning that a permit to carry has been suspended or
revoked, the sheriff must submit information to the commissioner regarding the suspension
or revocation for inclusion solely in the databases required or permitted under subdivision
15.

(e) Notwithstanding paragraphs (a) and (b), the sheriff may suspend the application
process if a charge is pending against the applicant that, if resulting in conviction, will
prohibit the applicant from possessing a firearm.

new text begin (f) A sheriff shall not deny an application for a permit to carry solely because the applicant
is a patient enrolled in the medical cannabis registry under sections 152.22 to 152.37 and
uses medical cannabis for a qualifying medical condition.
new text end

Sec. 6.

Minnesota Statutes 2018, section 624.7142, subdivision 1, is amended to read:


Subdivision 1.

Acts prohibited.

A person may not carry a pistol on or about the person's
clothes or person in a public place:

(1) when the person is under the influence of a controlled substance, as defined in section
152.01, subdivision 4;

(2) when the person is under the influence of a combination of any two or more of the
elements named in clauses (1) and (4);

(3) when the person is under the influence of an intoxicating substance as defined in
section 169A.03, subdivision 11a, and the person knows or has reason to know that the
substance has the capacity to cause impairment;

(4) when the person is under the influence of alcohol;

(5) when the person's alcohol concentration is 0.10 or more; deleted text beginor
deleted text end

(6) when the person's alcohol concentration is less than 0.10, but more than 0.04deleted text begin.deleted text endnew text begin; or
new text end

new text begin (7) when the person is enrolled as a patient in the medical cannabis registry under sections
152.22 to 152.37, uses medical cannabis, and knows or has reason to know that the medical
cannabis used by the person has the capacity to cause impairment.
new text end

Sec. 7.

Minnesota Statutes 2018, section 624.7151, is amended to read:


624.7151 STANDARDIZED FORMS.

By December 1, 1992, the commissioner shall adopt statewide standards governing the
form and contents, as required by sections 624.7131 to 624.714, of every application for a
pistol transferee permit, pistol transferee permit, report of transfer of a pistol, application
for a permit to carry a pistol, and permit to carry a pistol that is granted or renewed on or
after January 1, 1993.

Every application for a pistol transferee permit, pistol transferee permit, report of transfer
of a pistol, application for a permit to carry a pistol, and permit to carry a pistol that is
received, granted, or renewed by a police chief or county sheriff on or after January 1, 1993,
must meet the statewide standards adopted by the commissioner. Notwithstanding the
previous sentence, neither failure of the Department of Public Safety to adopt standards nor
failure of the police chief or county sheriff to meet them shall delay the timely processing
of applications nor invalidate permits issued on other forms meeting the requirements of
sections 624.7131 to 624.714.

new text begin Any form used for the purpose of approving or disapproving a person from purchasing,
owning, possessing, or carrying a firearm that inquires about the applicant's use of controlled
substances shall specifically authorize a qualifying patient to refrain from reporting the use
of medical cannabis.
new text end

Sec. 8.

new text begin [624.7152] MEDICAL CANNABIS USERS.
new text end

new text begin (a) A person may not be denied the right to purchase, own, possess, or carry a firearm
solely on the basis that the person is a qualifying patient.
new text end

new text begin (b) A state or local agency may not access a database containing the identities of
qualifying patients to obtain information for the purpose of approving or disapproving a
person from purchasing, owning, possessing, or carrying a firearm.
new text end

new text begin (c) A state or local agency may not use information gathered from a database containing
the identities of qualifying patients to obtain information for the purpose of approving or
disapproving a person from purchasing, owning, possessing, or carrying a firearm.
new text end

new text begin (d) A state or local agency may not inquire about a person's status as a qualifying patient
for the purpose of approving or disapproving the person from purchasing, owning, possessing,
or carrying a firearm.
new text end