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HF 184

as introduced - 88th Legislature (2013 - 2014) Posted on 01/28/2013 01:40pm

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

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Current Version - as introduced

A bill for an act
relating to public safety; firearms; requiring the commissioner of human services
to create and maintain a centralized register of individuals who voluntarily
wish to be ineligible to purchase firearms for a self-determined period of time;
mandating chiefs of police and sheriffs to accept the voluntary surrender of
firearms and ammunition from persons on the voluntary register, and to establish
procedures for return of the firearms and ammunition upon request;amending
Minnesota Statutes 2012, sections 245.041; 624.713, by adding a subdivision;
624.7131, subdivisions 1, 2; 624.7132, subdivisions 1, 2; 624.714, subdivisions
3, 4; proposing coding for new law in Minnesota Statutes, chapters 214; 245.

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

Section 1.

[214.165] VOLUNTARY REGISTRY; INFORMATION.

Mental health professionals, as defined in section 245.462, subdivision 18,
physicians licensed under chapter 147, and nurses licensed under sections 148.171 to
148.285 who are issued a credential by one of the health-related licensing boards shall
provide to each patient or client the information sheet established by the commissioner of
human services under section 245.0412 that:

(1) describes the process by which the client or patient may voluntarily request
placement of the person's own name on the registry to be denied a firearms permit and be
prohibited from purchasing firearms; and

(2) informs the client or patient that the person may voluntarily surrender some or all
of their firearms and ammunition to a chief of police or sheriff.

Sec. 2.

Minnesota Statutes 2012, section 245.041, is amended to read:


245.041 PROVISION OF FIREARMS AND EXPLOSIVES BACKGROUND
CHECK INFORMATION.

(a) Notwithstanding section 253B.23, subdivision 9, the commissioner of human
services shall provide commitment information to local law enforcement agencies on an
individual request basis by means of electronic data transfer from the Department of
Human Services through the Minnesota Crime Information System for the sole purpose of
facilitating a firearms background check under section 624.7131, 624.7132, or 624.714,
or an explosives background check under section 299F.73, 299F.74, 299F.75, 299F.77,
or 299F.785. The information to be provided is limited to whether the person has been
committed under chapter 253B and, if so, the type of commitment.

(b) The commissioner of human services shall provide the identities of adult
individuals who have voluntarily placed their names on the commissioner's voluntary
registry of individuals who wish to be denied a firearms permit and be prohibited from
purchasing firearms, in accordance with section 245.0411, to local law enforcement
agencies on an individual request basis by means of electronic data transfer from the
Department of Human Services through the Minnesota Crime Information System for the
purpose of facilitating a firearms background check under section 624.7131, 624.7132, or
624.714, or an explosives background check under section 299F.73, 299F.74, 299F.75,
299F.77, or 299F.785. The information to be provided is limited to whether the person has
voluntarily submitted a request to be listed.

Sec. 3.

[245.0411] VOLUNTARY REGISTRY FOR FIREARMS PERMIT
DENIAL.

Subdivision 1.

Central registry; establishment.

The commissioner of human
services shall establish and maintain an electronic central registry of the names of adult
persons who voluntarily submit a request to be denied a firearms permit and be prohibited
from purchasing firearms. The commissioner shall establish a process for individuals to
submit the request and to affirm their identity.

Subd. 2.

Duties of commissioner.

(a) The commissioner shall establish forms to be
submitted by individuals who wish to have their names entered into the voluntary registry
in order to be denied a firearms permit and be prohibited from purchasing firearms. The
commissioner shall make the forms available to health care providers, mental health
providers, and to the public.

(b) The commissioner shall develop an information sheet to be distributed to
patients by health care and mental health professionals that describes how the patient can
voluntarily have the patient's name placed on the commissioner's voluntary registry.

(c) The commissioner shall establish a retention schedule and a process by which
individuals can have their name removed from the voluntary registry.

(d) The commissioner shall provide access to the names reported under this section,
through electronic data transfer from the Department of Human Services to the Minnesota
Crime Information System for the sole purpose of facilitating firearms background checks
under section 624.7131, 624.7132, or 624.714, or an explosives background check under
section 299F.73, 299F.74, 299F.75, 299F.77, or 299F.785. Data shall not be released at
any time for any other purpose.

(e) The commissioner shall adopt rules to administer the voluntary registry and
make information available through electronic data transfer to the Minnesota Crime
Information System.

Subd. 3.

Data.

Data on individuals collected by the commissioner under this section
are private data on individuals as defined in section 13.02, subdivision 12, and may be
used only for the purposes specified in subdivision 2 and section 245.041, paragraph (b),
according to rules adopted by the commissioner.

Sec. 4.

[245.0412] VOLUNTARY FIREARM SURRENDER; LAW
ENFORCEMENT ROLE.

(a) Any person who has voluntarily requested and been granted inclusion in the
voluntary registry created by the commissioner of human services under section 245.0411,
subdivision 2, may surrender any number or amount of firearms and ammunition owned
or possessed by the person to the chief of police or sheriff in any jurisdiction. A chief
or sheriff must accept the voluntary surrender of firearms and ammunition from any
person residing in the same or another jurisdiction. Any surrender of such items under this
provision is a voluntary act, and may be reversed upon request by the person in accordance
with policies developed by the chief or sheriff. Unless a reversal of the surrender and
return of the items is requested in writing by the person, the surrender is limited to and
may not exceed in duration the fixed or contingent time period specified by the person at
the time of the surrender, plus any voluntary written renewal or extension of that term
provided to the chief or sheriff by the person.

(b) A chief or sheriff accepting firearms and ammunition surrendered by a person
under section 245.0411, subdivision 2, must develop and implement policies to provide
for the secure storage and safekeeping of those items in a place and manner suitable for
preserving their physical quality and value, as well as to ensure their eventual return to the
person or the person's assignee.

(c) Upon the voluntary surrender of any firearms and ammunition by a person acting
under section 245.0411, subdivision 2, the chief of police or sheriff must issue the person
a detailed receipt for the items and, if necessary, must label the items in a manner designed
to preserve record of ownership. At any time, the person may request that the firearms and
ammunition be returned to that person by the chief or sheriff, or that they be assigned to
another person. The person is not eligible for return of the firearms and ammunition until
the person's name is removed from the voluntary registry. Before releasing any voluntarily
surrendered items to the person or the person's assignee, the chief or sheriff must perform
a check of the person or assignee's criminal and mental health commitment history and,
if the background check shows the intended recipient of the items is prohibited by any
federal or state law from possessing firearms and ammunition, the chief or sheriff is
prohibited from returning them to the prohibited person or the assignee. Proof that an
assignee is validly licensed as a federal firearms dealer under United State Code, title
18, section 923, is sufficient evidence that the assignee is not prohibited by law from
possessing firearms for purposes of this section. No fee may be charged by the chief or
sheriff for the handling and storage of firearms or ammunition voluntarily surrendered by
a person in accordance with section 245.0411, subdivision 2.

(d) If a person acting in accordance with section 245.0411, subdivision 2, surrenders
firearms and ammunition owned by another person, the lawful owner may request the
return of the items to that owner or an assignee. In processing such request, the chief or
sheriff must follow the same background check procedures as would be required for return
of the items to the person having made the surrender.

(e) All information related to the voluntary surrender of firearms and ammunition to a
chief of police or sheriff in accordance with this section and section 245.0411, subdivision
2, is private data on individuals, in accordance with section 13.02, subdivision 12.

(f) A chief of police or sheriff acting in good faith and with reasonable prudence under
this section is not liable for any damage or deterioration due to transportation or storage of
any firearms or ammunition accepted and held pursuant to section 245.0411, subdivision 2.

(g) Nothing in this section is intended to supersede any other state or federal law
governing the seizure and confiscation of firearms for just cause.

Sec. 5.

Minnesota Statutes 2012, section 624.713, is amended by adding a subdivision
to read:


Subd. 5.

Voluntary registry; ineligible to possess.

Notwithstanding any penalty
provided in this section or any other section of statutes related to the possession or
attempted purchase of firearms or ammunition, a person who is prohibited from purchasing
firearms solely as a result of having voluntarily requested listing in the voluntary register
established by the commissioner of human services according to section 245.0411, is
prohibited from purchasing any firearm and ammunition during the duration of the listing.

Sec. 6.

Minnesota Statutes 2012, section 624.7131, subdivision 1, is amended to read:


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 and information contained in the voluntary
registry established by section 245.0411
about the proposed transferee maintained by the
commissioner of human services as provided in section 245.041, to the extent that the
information relates to the proposed transferee's eligibility to possess or purchase a pistol or
semiautomatic military-style assault weapon under section 624.713, subdivision 1 or 5; and

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

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.

Sec. 7.

Minnesota Statutes 2012, 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, 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 and information contained
in the voluntary registry established by section 245.0411
from the commissioner of human
services as provided in section 245.041.

Sec. 8.

Minnesota Statutes 2012, section 624.7132, subdivision 1, is amended to read:


Subdivision 1.

Required information.

Except as provided in this section and section
624.7131, every person who agrees to transfer a pistol or semiautomatic military-style
assault weapon 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 and information contained in the voluntary
registry established by section 245.0411
about the proposed transferee maintained by the
commissioner of human services as provided in section 245.041, to the extent that the
information relates to the proposed transferee's eligibility to possess or purchase a pistol or
semiautomatic military-style assault weapon under section 624.713, subdivision 1 or 5;

(4) a statement by the proposed transferee that the transferee is not prohibited by
section 624.713 from possessing a pistol or semiautomatic military-style assault weapon;
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.

Sec. 9.

Minnesota Statutes 2012, 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, 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 and information contained in the voluntary registry established by section
245.0411
from the commissioner of human services as provided in section 245.041.

Sec. 10.

Minnesota Statutes 2012, section 624.714, subdivision 3, is amended to read:


Subd. 3.

Form and contents of application.

(a) Applications for permits to carry
must be an official, standardized application form, adopted under section 624.7151, and
must set forth in writing only the following information:

(1) the applicant's name, residence, telephone number, if any, and driver's license
number or state identification card number;

(2) the applicant's sex, date of birth, height, weight, and color of eyes and hair, and
distinguishing physical characteristics, if any;

(3) the township or statutory city or home rule charter city, and county, of all
Minnesota residences of the applicant in the last five years, though not including specific
addresses;

(4) the township or city, county, and state of all non-Minnesota residences of the
applicant in the last five years, though not including specific addresses;

(5) a statement that the applicant authorizes the release to the sheriff of commitment
information and information contained in the voluntary registry established by section
245.0411
about the applicant maintained by the commissioner of human services as
provided in section 245.041
or any similar agency or department of another state where
the applicant has resided, to the extent that the information relates to the applicant's
eligibility to possess a firearm; and

(6) a statement by the applicant that, to the best of the applicant's knowledge and
belief, the applicant is not prohibited by law from possessing a firearm.

(b) The statement under paragraph (a), clause (5), 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.

(c) An applicant must submit to the sheriff an application packet consisting only of
the following items:

(1) a completed application form, signed and dated by the applicant;

(2) an accurate photocopy of the certificate described in subdivision 2a, paragraph
(c), that is submitted as the applicant's evidence of training in the safe use of a pistol; and

(3) an accurate photocopy of the applicant's current driver's license, state
identification card, or the photo page of the applicant's passport.

(d) In addition to the other application materials, a person who is otherwise ineligible
for a permit due to a criminal conviction but who has obtained a pardon or expungement
setting aside the conviction, sealing the conviction, or otherwise restoring applicable
rights, must submit a copy of the relevant order.

(e) Applications must be submitted in person.

(f) The sheriff may charge a new application processing fee in an amount not
to exceed the actual and reasonable direct cost of processing the application or $100,
whichever is less. Of this amount, $10 must be submitted to the commissioner and
deposited into the general fund.

(g) This subdivision prescribes the complete and exclusive set of items an applicant
is required to submit in order to apply for a new or renewal permit to carry. The applicant
must not be asked or required to submit, voluntarily or involuntarily, any information, fees,
or documentation beyond that specifically required by this subdivision. This paragraph
does not apply to alternate training evidence accepted by the sheriff under subdivision
2a, paragraph (d).

(h) Forms for new and renewal applications must be available at all sheriffs' offices
and the commissioner must make the forms available on the Internet.

(i) Application forms must clearly display a notice that a permit, if granted, is
void and must be immediately returned to the sheriff if the permit holder is or becomes
prohibited by law from possessing a firearm. The notice must list the applicable state
criminal offenses and civil categories that prohibit a person from possessing a firearm.

(j) Upon receipt of an application packet and any required fee, the sheriff must
provide a signed receipt indicating the date of submission.

Sec. 11.

Minnesota Statutes 2012, 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 and information contained in the voluntary registry established
by section 245.0411
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 yearly 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.

Sec. 12. EFFECTIVE DATE.

Sections 1 to 11 are effective July 1, 2013, for firearms permit background checks
made on or after that date.

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