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HF 244

as introduced - 88th Legislature (2013 - 2014) Posted on 01/31/2013 01:23pm

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

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Current Version - as introduced

1.1A bill for an act
1.2relating to public safety; making it a crime to falsely report the loss or theft of
1.3a firearm; expanding the crime of transferring certain firearms to an ineligible
1.4person; making a person convicted of these crimes ineligible to possess a firearm;
1.5amending Minnesota Statutes 2012, sections 609.165, subdivision 1a; 609.505,
1.6by adding a subdivision; 624.713, subdivision 1; 624.7141, subdivisions 1, 2, 3.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8    Section 1. Minnesota Statutes 2012, section 609.165, subdivision 1a, is amended to read:
1.9    Subd. 1a. Certain convicted felons ineligible to possess firearms. The order of
1.10discharge must provide that a person who has been convicted of a crime of violence, as
1.11defined in section 624.712, subdivision 5, or a violation of section 609.505, subdivision
1.123, or 624.7141, is not entitled to ship, transport, possess, or receive a firearm for the
1.13remainder of the person's lifetime. Any person who has received such a discharge and
1.14who thereafter has received a relief of disability under United States Code, title 18, section
1.15925, or whose ability to possess firearms has been restored under subdivision 1d, shall not
1.16be subject to the restrictions of this subdivision.
1.17EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
1.18committed on or after that date.

1.19    Sec. 2. Minnesota Statutes 2012, section 609.505, is amended by adding a subdivision
1.20to read:
1.21    Subd. 3. Lost or stolen firearms; false reporting. (a) As used in this section,
1.22"crime of violence" has the meaning given in section 624.712, subdivision 5.
1.23(b) Whoever informs a law enforcement officer that a firearm has been lost or stolen,
1.24knowing that the report is false, is guilty of a gross misdemeanor.
2.1(c) A person is guilty of a felony and may be sentenced to imprisonment for not more
2.2than five years, or to payment of a fine of not more than $10,000, or both, if the person:
2.3(1) is convicted a second or subsequent time of violating this subdivision; or
2.4(2) violates paragraph (b) while knowing, or having reason to believe, that the
2.5firearm has been transferred to someone who intends to use it in furtherance of a felony
2.6crime of violence.
2.7EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
2.8committed on or after that date.

2.9    Sec. 3. Minnesota Statutes 2012, section 624.713, subdivision 1, is amended to read:
2.10    Subdivision 1. Ineligible persons. The following persons shall not be entitled to
2.11possess a pistol or semiautomatic military-style assault weapon or, except for clause (1),
2.12any other firearm:
2.13(1) a person under the age of 18 years except that a person under 18 may carry or
2.14possess a pistol or semiautomatic military-style assault weapon (i) in the actual presence
2.15or under the direct supervision of the person's parent or guardian, (ii) for the purpose
2.16of military drill under the auspices of a legally recognized military organization and
2.17under competent supervision, (iii) for the purpose of instruction, competition, or target
2.18practice on a firing range approved by the chief of police or county sheriff in whose
2.19jurisdiction the range is located and under direct supervision; or (iv) if the person has
2.20successfully completed a course designed to teach marksmanship and safety with a pistol
2.21or semiautomatic military-style assault weapon and approved by the commissioner of
2.22natural resources;
2.23(2) except as otherwise provided in clause (9), a person who has been convicted of,
2.24or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing,
2.25in this state or elsewhere, a crime of violence. For purposes of this section, crime of
2.26violence includes crimes in other states or jurisdictions which would have been crimes of
2.27violence as herein defined if they had been committed in this state;
2.28(3) a person who is or has ever been committed in Minnesota or elsewhere by a
2.29judicial determination that the person is mentally ill, developmentally disabled, or mentally
2.30ill and dangerous to the public, as defined in section 253B.02, to a treatment facility, or who
2.31has ever been found incompetent to stand trial or not guilty by reason of mental illness,
2.32unless the person's ability to possess a firearm has been restored under subdivision 4;
2.33(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
2.34gross misdemeanor violation of chapter 152, unless three years have elapsed since the
2.35date of conviction and, during that time, the person has not been convicted of any other
3.1such violation of chapter 152 or a similar law of another state; or a person who is or has
3.2ever been committed by a judicial determination for treatment for the habitual use of a
3.3controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the
3.4person's ability to possess a firearm has been restored under subdivision 4;
3.5(5) a person who has been committed to a treatment facility in Minnesota or
3.6elsewhere by a judicial determination that the person is chemically dependent as defined
3.7in section 253B.02, unless the person has completed treatment or the person's ability to
3.8possess a firearm has been restored under subdivision 4. Property rights may not be abated
3.9but access may be restricted by the courts;
3.10(6) a peace officer who is informally admitted to a treatment facility pursuant to
3.11section 253B.04 for chemical dependency, unless the officer possesses a certificate from
3.12the head of the treatment facility discharging or provisionally discharging the officer from
3.13the treatment facility. Property rights may not be abated but access may be restricted
3.14by the courts;
3.15(7) a person, including a person under the jurisdiction of the juvenile court, who
3.16has been charged with committing a crime of violence and has been placed in a pretrial
3.17diversion program by the court before disposition, until the person has completed the
3.18diversion program and the charge of committing the crime of violence has been dismissed;
3.19(8) except as otherwise provided in clause (9), a person who has been convicted in
3.20another state of committing an offense similar to the offense described in section 609.224,
3.21subdivision 3
, against a family or household member or section 609.2242, subdivision
3.223
, unless three years have elapsed since the date of conviction and, during that time, the
3.23person has not been convicted of any other violation of section 609.224, subdivision 3, or
3.24609.2242, subdivision 3 , or a similar law of another state;
3.25(9) a person who has been convicted in this state or elsewhere of assaulting a family
3.26or household member and who was found by the court to have used a firearm in any way
3.27during commission of the assault is prohibited from possessing any type of firearm for the
3.28period determined by the sentencing court;
3.29(10) a person who:
3.30(i) has been convicted in any court of a crime punishable by imprisonment for a
3.31term exceeding one year;
3.32(ii) is a fugitive from justice as a result of having fled from any state to avoid
3.33prosecution for a crime or to avoid giving testimony in any criminal proceeding;
3.34(iii) is an unlawful user of any controlled substance as defined in chapter 152;
4.1(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
4.2as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
4.3the public, as defined in section 253B.02;
4.4(v) is an alien who is illegally or unlawfully in the United States;
4.5(vi) has been discharged from the armed forces of the United States under
4.6dishonorable conditions; or
4.7(vii) has renounced the person's citizenship having been a citizen of the United States;
4.8(11) a person who has been convicted of violating section 609.505, subdivision 3
4.9(lost or stolen firearms; false reporting), or 624.7141 (transfer of firearm to an ineligible
4.10person); or
4.11(11) (12) a person who has been convicted of the following offenses at the gross
4.12misdemeanor level, unless three years have elapsed since the date of conviction and, during
4.13that time, the person has not been convicted of any other violation of these sections: section
4.14609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults
4.15motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a
4.16child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring
4.17gun); 609.71 (riot); or 609.749 (stalking). For purposes of this paragraph, the specified
4.18gross misdemeanor convictions include crimes committed in other states or jurisdictions
4.19which would have been gross misdemeanors if conviction occurred in this state.
4.20A person who issues a certificate pursuant to this section in good faith is not liable
4.21for damages resulting or arising from the actions or misconduct with a firearm committed
4.22by the individual who is the subject of the certificate.
4.23The prohibition in this subdivision relating to the possession of firearms other than
4.24pistols and semiautomatic military-style assault weapons does not apply retroactively
4.25to persons who are prohibited from possessing a pistol or semiautomatic military-style
4.26assault weapon under this subdivision before August 1, 1994.
4.27The lifetime prohibition on possessing, receiving, shipping, or transporting firearms
4.28for persons convicted or adjudicated delinquent of a crime of violence in clause (2),
4.29applies only to offenders who are discharged from sentence or court supervision for a
4.30crime of violence on or after August 1, 1993.
4.31For purposes of this section, "judicial determination" means a court proceeding
4.32pursuant to sections 253B.07 to 253B.09 or a comparable law from another state.
4.33EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
4.34committed on or after that date.

4.35    Sec. 4. Minnesota Statutes 2012, section 624.7141, subdivision 1, is amended to read:
5.1    Subdivision 1. Transfer prohibited. A person is guilty of a gross misdemeanor who
5.2intentionally transfers a pistol or semiautomatic military-style assault weapon to another if
5.3the person knows, or has reason to believe, that the transferee:
5.4(1) has been denied a permit to carry under section 624.714 because the transferee
5.5is not eligible under section 624.713 to possess a pistol or semiautomatic military-style
5.6assault weapon;
5.7(2) has been found ineligible to possess a pistol or semiautomatic military-style
5.8assault weapon by a chief of police or sheriff as a result of an application for a transferee
5.9permit or a transfer report; or
5.10(3) is disqualified under section 624.713 any state or federal law from possessing
5.11a pistol or semiautomatic military-style assault weapon.
5.12EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
5.13committed on or after that date.

5.14    Sec. 5. Minnesota Statutes 2012, section 624.7141, subdivision 2, is amended to read:
5.15    Subd. 2. Felony. A violation of this section is a felony:
5.16(1) if the transferee possesses or uses the weapon within one year after the transfer in
5.17furtherance of a felony crime of violence; or
5.18(2) if the transferor knows, or has reason to believe, the transferee intends to use the
5.19weapon in the furtherance of a felony crime of violence.
5.20EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
5.21committed on or after that date.

5.22    Sec. 6. Minnesota Statutes 2012, section 624.7141, subdivision 3, is amended to read:
5.23    Subd. 3. Subsequent eligibility. This section Subdivision 2, clause (1), is not
5.24applicable to a transfer to a person who became eligible to possess a pistol or semiautomatic
5.25military-style assault weapon under section 624.713 after the transfer occurred but before
5.26the transferee used or possessed the weapon in furtherance of any crime.
5.27EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
5.28committed on or after that date.

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