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HF 237

as introduced - 88th Legislature (2013 - 2014) Posted on 01/31/2013 01:22pm

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; modifying provisions related to the transfer of pistols
and semiautomatic military-style assault weapons, and to eligibility to possess
a firearm; providing criminal penalties;amending Minnesota Statutes 2012,
sections 624.713, subdivisions 1, 4; 624.7131, subdivisions 1, 4, 5, 7, 9, 10;
624.7132, subdivisions 1, 3, 4, 5, 6, 8, 12, 13, 15, by adding a subdivision;
repealing Minnesota Statutes 2012, sections 609.66, subdivision 1f; 624.7132,
subdivision 14.

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

Section 1.

Minnesota Statutes 2012, section 624.713, subdivision 1, is amended to read:


Subdivision 1.

Ineligible persons.

The following persons shall not be entitled to
possess a pistol or semiautomatic military-style assault weapon or, except for clause (1),
any other firearm:

(1) a person under the age of 18 years except that a person under 18 may carry or
possess a pistol or semiautomatic military-style assault weapon or other lawful firearm (i)
in the actual presence or under the direct supervision of the person's parent or guardian,
(ii) for the purpose of military drill under the auspices of a legally recognized military
organization and under competent supervision, (iii) for the purpose of instruction,
competition, or target practice on a firing range approved by the chief of police or county
sheriff in whose jurisdiction the range is located and under direct supervision; or (iv) if
the person has successfully completed a course designed to teach marksmanship and
safety with a pistol or semiautomatic military-style assault weapon and approved by the
commissioner of natural resources;

(2) except as otherwise provided in clause (9), a person who has been convicted of,
or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing,
in this state or elsewhere, a crime of violence. For purposes of this section, crime of
violence includes crimes in other states or jurisdictions which would have been crimes of
violence as herein defined if they had been committed in this state;

(3) a person who is or has ever been confined or committed in Minnesota or
elsewhere by a judicial determination that the person who is mentally ill, developmentally
disabled, or mentally ill and dangerous to the public, as defined in section 253B.02, to a
treatment facility, or who has ever been found incompetent to stand trial or not guilty by
reason of mental illness, unless the person's ability to possess a firearm 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 hospitalized or 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 has been restored under subdivision 4;

(5) a person who is or has ever been confined or committed to a treatment facility
in Minnesota or elsewhere by a judicial determination that the person is as chemically
dependent as defined in section 253B.02, unless the person has completed treatment or the
person's ability to possess a firearm 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 for the
period determined by the sentencing court;

(10) a person who:

(i) has been convicted in any court of a crime punishable by imprisonment for a
term exceeding one year;

(ii) is a fugitive from justice as a result of having fled from any state to avoid
prosecution for a crime or to avoid giving testimony in any criminal proceeding;

(iii) is an unlawful user of any controlled substance as defined in chapter 152;

(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
the public, as defined in section 253B.02;

(v) is an alien who is illegally or unlawfully in the United States;

(vi) has been discharged from the armed forces of the United States under
dishonorable conditions; or

(vii) has renounced the person's citizenship having been a citizen of the United
States; or

(11) a person who has been convicted of the following offenses at the gross
misdemeanor level, unless three years have elapsed since the date of conviction and, during
that time, the person has not been convicted of any other violation of these sections: section
609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults
motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a
child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring
gun); 609.71 (riot); or 609.749 (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.

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 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
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.

Minnesota Statutes 2012, section 624.713, subdivision 4, is amended to read:


Subd. 4.

Restoration of firearms eligibility to civilly committed person;
petition authorized.

(a) A person who is prohibited from possessing a firearm under
subdivision 1, due to commitment resulting from a judicial determination that the person
is
, hospitalization, or confinement based on the person being mentally ill, developmentally
disabled, mentally ill and dangerous, or chemically dependent, may petition a court to
restore the person's ability to possess a firearm.

(b) The court may grant the relief sought in paragraph (a) in accordance with
the principles of due process if the circumstances regarding the person's disqualifying
condition and the person's record and reputation are determined to be such that:

(1) the person is not likely to act in a manner that is dangerous to public safety; and

(2) the granting of relief would not be contrary to the public interest.

(c) When determining whether a person has met the requirement of paragraph (b),
clause (1), the court may consider evidence from a licensed medical doctor or clinical
psychologist that the person is no longer suffering from the disease or condition that
caused the disability or that the disease or condition has been successfully treated for a
period of three consecutive years.

(d) Review on appeal shall be de novo.

Sec. 3.

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


Subdivision 1.

Information.

(a) 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 pistol or semiautomatic military-style assault weapon
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 any state or federal law from possessing a pistol or
semiautomatic military-style assault weapon.

(b) In addition to the requirements described in paragraph (a), the proposed
transferee shall submit an accurate photocopy of the person's current driver's license, state
identification card, or the photo page of the person's passport.

(c) 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 paragraph (a), 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. 4.

Minnesota Statutes 2012, section 624.7131, subdivision 4, is amended to read:


Subd. 4.

Grounds for disqualification.

A determination by the chief of police or
sheriff that the applicant is prohibited by section 624.713 any state or federal law from
possessing a pistol or semiautomatic military-style assault weapon shall be the only basis
for refusal to grant a transferee permit.

Sec. 5.

Minnesota Statutes 2012, section 624.7131, subdivision 5, is amended to read:


Subd. 5.

Granting of permits.

(a) Except as provided in paragraph (b), the chief
of police or sheriff shall issue a transferee permit or deny the application within seven
days of application for the permit. The chief of police or sheriff shall provide an applicant
with written notification of a denial and the specific reason for the denial. The permits and
their renewal shall be granted free of charge for a fee set by the chief of police or sheriff
in an amount not to exceed $25
.

(b) If a chief of police or sheriff is unable to verify a proposed transferee's identity or
criminal record within the seven-business-day requirement described in paragraph (a),
the chief of police or sheriff may require the transferee to appear in person to present a
current driver's license, state identification card, or passport, and, if deemed necessary, to
be fingerprinted. If this occurs, the chief of police or sheriff shall notify the transferor of
this in writing, and the seven-business-day requirement is extended to 30 days.

Sec. 6.

Minnesota Statutes 2012, section 624.7131, subdivision 7, is amended to read:


Subd. 7.

Permit voided.

The transferee permit shall be void at the time that the
holder becomes prohibited from possessing a pistol under section 624.713 any state or
federal law
, 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.

Sec. 7.

Minnesota Statutes 2012, section 624.7131, subdivision 9, is amended to read:


Subd. 9.

Permit to carry.

A valid permit to carry issued within the 12 months
immediately preceding the transfer
pursuant to section 624.714 constitutes a transferee
permit for the purposes of this section and section 624.7132.

Sec. 8.

Minnesota Statutes 2012, section 624.7131, subdivision 10, is amended to read:


Subd. 10.

Transfer report not required.

A person who transfers a pistol or
semiautomatic military-style assault weapon to a person exhibiting a valid transferee
permit issued pursuant to this section or a valid permit to carry issued within the 12
months immediately preceding the transfer
pursuant to section 624.714 is not required to
file a transfer report pursuant to section 624.7132, subdivision 1.

Sec. 9.

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


Subdivision 1.

Required information.

(a) 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 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 pistol or semiautomatic military-style assault weapon
under section 624.713, subdivision 1;

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

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

(b) In addition to the requirements described in paragraph (a), the proposed
transferee shall submit an accurate photocopy of the person's current driver's license, state
identification card, or the photo page of the person's passport.

(c) 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 paragraph (a), 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. 10.

Minnesota Statutes 2012, section 624.7132, subdivision 3, is amended to read:


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 any state or federal law from
possessing a pistol or semiautomatic military-style assault weapon. 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.

Sec. 11.

Minnesota Statutes 2012, section 624.7132, subdivision 4, is amended to read:


Subd. 4.

Delivery.

(a) Except as otherwise provided in this subdivision 7 or
subdivision 8, no person shall deliver a pistol or semiautomatic military-style assault
weapon to a proposed transferee until five seven 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
seven-business-day waiting period. The chief of police or sheriff may waive all or a
portion of the five business day seven-business-day waiting period in writing if the chief
of police or sheriff finds that the transferee requires access to a pistol or semiautomatic
military-style assault weapon because of a threat to the life of the transferee or of any
member of the household of the transferee.

(b) If a chief of police or sheriff is unable to verify a proposed transferee's identity or
criminal record within the seven-business-day requirement described in paragraph (a),
the chief of police or sheriff may require the transferee to appear in person to present a
current driver's license, state identification card, or passport, and, if deemed necessary, to
be fingerprinted. If this occurs, the chief of police or sheriff shall notify the transferor of
this in writing, and the seven-business-day requirement is extended to 30 days.

(c) No person shall deliver a pistol or semiautomatic military-style assault weapon 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 any state or
federal law
from possessing a pistol or semiautomatic military-style assault weapon.

(d) If the transferor makes a report of transfer and receives no written notification
of disqualification of the proposed transferee and no written notification as described
in paragraph (b)
within five seven business days after delivery of the agreement to
transfer, the pistol or semiautomatic military-style assault weapon may be delivered to
the transferee. If the transferor receives the written notification described in paragraph
(b), the seven-business-day period is extended to 30 days.

Sec. 12.

Minnesota Statutes 2012, section 624.7132, subdivision 5, is amended to read:


Subd. 5.

Grounds for disqualification.

A determination by the chief of police or
sheriff that the proposed transferee is prohibited by section 624.713 any state or federal
law
from possessing a pistol or semiautomatic military-style assault weapon shall be the
sole basis for a notification of disqualification under this section.

Sec. 13.

Minnesota Statutes 2012, section 624.7132, subdivision 6, is amended to read:


Subd. 6.

Transferee permit.

If a chief of police or sheriff determines that a
transferee is not a person prohibited by section 624.713 any state or federal law from
possessing a pistol or semiautomatic military-style assault weapon, 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.

Sec. 14.

Minnesota Statutes 2012, section 624.7132, is amended by adding a
subdivision to read:


Subd. 7a.

Transfer by or to licensed dealers only.

No person shall transfer a pistol
or semiautomatic military-style assault weapon unless the transferor or the transferee
is a federally licensed firearms dealer. Where neither party to a prospective pistol or
semiautomatic military-style assault weapon transfer is a federally licensed firearms
dealer, the parties shall complete the transfer through a federally licensed firearms dealer
as follows:

(1) the transferor shall deliver the pistol or semiautomatic military-style assault
weapon and a valid transferee permit or report of transfer to a federally licensed firearms
dealer, who shall retain possession of that pistol or semiautomatic military-style assault
weapon until the transaction is completed or as provided in clause (3);

(2) the federally licensed dealer shall comply with this section and federal law as
if the dealer had agreed to directly transfer the pistol or semiautomatic military-style
assault weapon to the proposed transferee;

(3) if the dealer cannot legally deliver the pistol or semiautomatic military-style
assault weapon to the proposed transferee or otherwise chooses not to complete the
transaction, the dealer shall conduct a background check in accordance with federal law
and file a report of transfer to transfer the pistol or semiautomatic military-style assault
weapon back to the original transferor. If the original transferor is prohibited by any state
or federal law from possessing a pistol or semiautomatic military-style assault weapon, the
dealer shall transfer the firearm to the chief of police or sheriff within 24 hours;

(4) a dealer who denies transfer of a pistol or semiautomatic military-style assault
weapon shall immediately report the identity of the proposed transferee, and the date,
time, and place of the attempted transfer to the local law enforcement agency where
the dealer is located; and

(5) the dealer may require the proposed transferee to pay a fee of no more than $25
when assisting with a transfer under this subdivision.

Sec. 15.

Minnesota Statutes 2012, section 624.7132, subdivision 8, is amended to read:


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 within the 12
months immediately preceding the transfer
under section 624.714, the transferor need
not file a transfer report.

Sec. 16.

Minnesota Statutes 2012, section 624.7132, subdivision 12, is amended to read:


Subd. 12.

Exclusions.

(a) For purposes of this subdivision, "relative" means a parent,
stepparent, child, stepchild, brother, sister, grandparent, or grandchild by blood or marriage.

Except as otherwise provided in section 609.66, subdivision 1f, (b) 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 to a relative
who is not ineligible to possess a firearm under state or federal law
;

(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 pistol or semiautomatic military-style assault weapon 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 pistol and approved by the commissioner of natural resources;

(5) a loan between persons at a firearms collectors exhibition if the loan is intended
for a period of no more than 24 hours
;

(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 pistol or semiautomatic military-style assault
weapon by reason of employment and is the holder of a valid permit to carry a pistol.

Sec. 17.

Minnesota Statutes 2012, section 624.7132, subdivision 13, is amended to read:


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 any state or federal law from
possessing a pistol or semiautomatic military-style assault weapon 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 pistol or
semiautomatic military-style assault weapon by section 624.713 any state or federal law.

Sec. 18.

Minnesota Statutes 2012, section 624.7132, subdivision 15, is amended to read:


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 pistol or semiautomatic military-style assault weapon in violation
of subdivisions 1 to 13;

(2) transfers a pistol or semiautomatic military-style assault weapon 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 pistol or
semiautomatic military-style assault weapon knowing or having reason to know the
statement is false.

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

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

(2) transfers a pistol or semiautomatic military-style assault weapon 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;

(3) transfers a pistol or a semiautomatic military-style assault weapon to another in
violation of this section if: (i) the person knows or has reason to know that the transferee is
prohibited under state or federal law from possessing a firearm; and (ii) the transferee uses
the weapon within one year after the transfer in furtherance of a felony crime of violence; or

(4) violates paragraph (a), clause (1) or (3), after having been previously convicted
or adjudicated delinquent for a violation of this section or section 624.7131
.

EFFECTIVE DATE.

This section is effective August 1, 2013, and applies to crimes
committed on or after that date.

Sec. 19. REPEALER.

Minnesota Statutes 2012, sections 609.66, subdivision 1f; and 624.7132, subdivision
14,
are repealed.

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