SF 2639

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 09/03/2014 09:13am

A bill for an act
relating to public safety; prohibiting persons subject to domestic violence
restraining orders from possessing weapons; requiring persons convicted of
domestic violence offenses to surrender their firearms while they are prohibited
from possessing firearms; amending Minnesota Statutes 2012, sections
260C.201, subdivision 3; 518B.01, subdivision 6; 609.2242, subdivision 3;
609.749, subdivision 8; 624.713, subdivision 1.

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

Section 1.

Minnesota Statutes 2012, section 260C.201, subdivision 3, is amended to
read:

Subd. 3.

Domestic child abuse.

(a) If the court finds that the child is a victim of
domestic child abuse, as defined in section 260C.007, subdivision 13, it may order any of
the following dispositions of the case in addition to or as alternatives to the dispositions
authorized under subdivision 1:

(1) restrain any party from committing acts of domestic child abuse;

(2) exclude the abusing party from the dwelling which the family or household
members share or from the residence of the child;

(3) on the same basis as is provided in chapter 518, establish temporary visitation
with regard to minor children of the adult family or household members;

(4) on the same basis as is provided in chapter 518 or 518A, establish temporary
support or maintenance for a period of 30 days for minor children or a spouse;

(5) provide counseling or other social services for the family or household members;
or

(6) order the abusing party to participate in treatment or counseling services.

Any relief granted by the order for protection shall be for a fixed period not to
exceed one year.

(b) No order excluding the abusing party from the dwelling may be issued unless
the court finds that:

(1) the order is in the best interests of the child or children remaining in the dwelling;

(2) a remaining adult family or household member is able to care adequately for the
child or children in the absence of the excluded party; and

(3) the local welfare agency has developed a plan to provide appropriate social
services to the remaining family or household members.

(c) Upon a finding that the remaining parent is able to care adequately for the child
and enforce an order excluding the abusing party from the home and that the provision of
supportive services by the responsible social services agency is no longer necessary, the
responsible social services agency may be dismissed as a party to the proceedings. Orders
entered regarding the abusing party remain in full force and effect and may be renewed by
the remaining parent as necessary for the continued protection of the child for specified
periods of time, not to exceed one year.

new text begin (d) An order granting relief shall prohibit the abusing party from possessing
firearms for the length the order is in effect if the order (1) restrains the abusing party
from harassing, stalking, or threatening the abused party or restrains the abusing party
from engaging in other conduct that would place the abused party in reasonable fear of
bodily injury, (2) includes a finding that the abusing party represents a credible threat to
the physical safety of the abused party, and (3) prohibits the abusing party from using,
attempting to use, or threatening to use physical force against the abused party. The order
shall inform the abusing party of that party's prohibited status and shall require that the
abusing party surrender to the sheriff any permits to carry or purchase firearms. The court
shall order the person to surrender any firearms that the abusing party controls, owns, or
possesses to a federally licensed firearms dealer or a law enforcement agency. A federally
licensed firearms dealer or law enforcement agency may charge the person a reasonable
fee to store the person's firearms. Federally licensed firearms dealers and law enforcement
agencies may establish policies for disposal of abandoned firearms.
new text end

Sec. 2.

Minnesota Statutes 2012, section 518B.01, subdivision 6, is amended to read:

Subd. 6.

Relief by court.

(a) Upon notice and hearing, the court may provide
relief as follows:

(1) restrain the abusing party from committing acts of domestic abuse;

(2) exclude the abusing party from the dwelling which the parties share or from the
residence of the petitioner;

(3) exclude the abusing party from a reasonable area surrounding the dwelling or
residence, which area shall be described specifically in the order;

(4) award temporary custody or establish temporary parenting time with regard to
minor children of the parties on a basis which gives primary consideration to the safety of
the victim and the children. In addition to the primary safety considerations, the court
may consider particular best interest factors that are found to be relevant to the temporary
custody and parenting time award. Findings under section 257.025, 518.17, or 518.175
are not required with respect to the particular best interest factors not considered by the
court. If the court finds that the safety of the victim or the children will be jeopardized by
unsupervised or unrestricted parenting time, the court shall condition or restrict parenting
time as to time, place, duration, or supervision, or deny parenting time entirely, as needed
to guard the safety of the victim and the children. The court's decision on custody and
parenting time shall in no way delay the issuance of an order for protection granting other
relief provided for in this section. The court must not enter a parenting plan under section
518.1705 as part of an action for an order for protection;

(5) on the same basis as is provided in chapter 518 or 518A, establish temporary
support for minor children or a spouse, and order the withholding of support from the
income of the person obligated to pay the support according to chapter 518A;

(6) provide upon request of the petitioner counseling or other social services for the
parties, if married, or if there are minor children;

(7) order the abusing party to participate in treatment or counseling services,
including requiring the abusing party to successfully complete a domestic abuse
counseling program or educational program under section 518B.02;

(8) award temporary use and possession of property and restrain one or both parties
from transferring, encumbering, concealing, or disposing of property except in the usual
course of business or for the necessities of life, and to account to the court for all such
transfers, encumbrances, dispositions, and expenditures made after the order is served or
communicated to the party restrained in open court;

(9) exclude the abusing party from the place of employment of the petitioner, or
otherwise limit access to the petitioner by the abusing party at the petitioner's place of
employment;

(10) order the abusing party to have no contact with the petitioner whether in
person, by telephone, mail, or electronic mail or messaging, through a third party, or
by any other means;

(11) order the abusing party to pay restitution to the petitioner;

(12) order the continuance of all currently available insurance coverage without
change in coverage or beneficiary designation;

(13) order, in its discretion, other relief as it deems necessary for the protection of
a family or household member, including orders or directives to the sheriff or other law
enforcement or corrections officer as provided by this section;

(14) direct the care, possession, or control of a pet or companion animal owned,
possessed, or kept by the petitioner or respondent or a child of the petitioner or respondent;
and

(15) direct the respondent to refrain from physically abusing or injuring any pet or
companion animal, without legal justification, known to be owned, possessed, kept, or
held by either party or a minor child residing in the residence or household of either party
as an indirect means of intentionally threatening the safety of such person.

(b) Any relief granted by the order for protection shall be for a period not to exceed
two years, except when the court determines a longer period is appropriate. When a
referee presides at the hearing on the petition, the order granting relief becomes effective
upon the referee's signature.

(c) An order granting the relief authorized in paragraph (a), clause (1), may not be
vacated or modified in a proceeding for dissolution of marriage or legal separation, except
that the court may hear a motion for modification of an order for protection concurrently
with a proceeding for dissolution of marriage upon notice of motion and motion. The
notice required by court rule shall not be waived. If the proceedings are consolidated
and the motion to modify is granted, a separate order for modification of an order for
protection shall be issued.

(d) An order granting the relief authorized in paragraph (a), clause (2) or (3), is not
voided by the admittance of the abusing party into the dwelling from which the abusing
party is excluded.

(e) If a proceeding for dissolution of marriage or legal separation is pending between
the parties, the court shall provide a copy of the order for protection to the court with
jurisdiction over the dissolution or separation proceeding for inclusion in its file.

(f) An order for restitution issued under this subdivision is enforceable as civil
judgment.

new text begin (g) An order granting relief under paragraph (a) shall prohibit the abusing party from
possessing firearms for the length the order is in effect if the order (1) restrains the abusing
party from harassing, stalking, or threatening the abused party or restrains the abusing
party from engaging in other conduct that would place the abused party in reasonable fear
of bodily injury, (2) includes a finding that the abusing party represents a credible threat
to cause substantial harm to the physical safety of the abused party, and (3) prohibits the
abusing party from using, attempting to use, or threatening to use physical force against the
abused party. The order shall inform the abusing party of that party's prohibited status and
shall require that the abusing party surrender to the sheriff any permits to carry or purchase
firearms. The court shall order the person to surrender any firearms that the abusing party
controls, owns, or possesses to a federally licensed firearms dealer or a law enforcement
agency. A federally licensed firearms dealer or law enforcement agency may charge the
person a reasonable fee to store the person's firearms. Federally licensed firearms dealers
and law enforcement agencies may establish policies for disposal of abandoned firearms.
new text end

Sec. 3.

Minnesota Statutes 2012, section 609.2242, subdivision 3, is amended to read:

Subd. 3.

Domestic assaults; firearms.

(a) When a person is convicted of a violation
of this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247, the court shall
determine and make written findings on the record as to whether:

(1) the assault was committed against a family or household member, as defined in
section 518B.01, subdivision 2;

(2) the defendant owns or possesses a firearm; and

(3) the firearm was used in any way during the commission of the assault.

(b) If the court determines that the assault was of a family or household member,
and that the offender owns or possesses a firearm and used it in any way during the
commission of the assault, it shall order that the firearm be summarily forfeited under
section 609.5316, subdivision 3.

(c) When a person is convicted of assaulting a family or household member and is
determined by the court to have used a firearm in any way during commission of the assault,
the court may order that the person is prohibited from possessing any type of firearm for
any period longer than three years or for the remainder of the person's life. A person who
violates this paragraph is guilty of a gross misdemeanor. At the time of the conviction, the
court shall inform the defendant deleted text begin whether and deleted text end for how long the defendant is prohibited from
possessing a firearm and that it is a gross misdemeanor to violate this paragraph. The failure
of the court to provide this information to a defendant does not affect the applicability of
the firearm possession prohibition or the gross misdemeanor penalty to that defendant.

(d) Except as otherwise provided in paragraph (c), when a person is convicted of a
violation of this section or section 609.224 and the court determines that the victim was
a family or household member new text begin and the offense involved the intentional infliction of or
attempt to inflict bodily harm upon another new text end , the court shall inform the defendant that the
defendant is prohibited from possessing a deleted text begin pistol deleted text end new text begin firearm new text end for three years from the date of
conviction and that it is a gross misdemeanor offense to violate this prohibition. The failure
of the court to provide this information to a defendant does not affect the applicability of the
deleted text begin pistol deleted text end new text begin firearm new text end possession prohibition or the gross misdemeanor penalty to that defendant.

(e) Except as otherwise provided in paragraph (c), a person is not entitled to possess
a pistol if the person has been convicted after August 1, 1992, new text begin or a firearm if a person has
been convicted on or after the effective date of this act, new text end of domestic assault under this
section or assault in the fifth degree under section 609.224 and the assault victim was a
family or household member as defined in section 518B.01, subdivision 2, new text begin and the offense
involved the intentional infliction of or attempt to inflict bodily harm upon another, new text end unless
three years have elapsed from the date of conviction and, during that time, the person has
not been convicted of any other violation of this section or section 609.224. Property
rights may not be abated but access may be restricted by the courts. A person who
possesses a deleted text begin pistol deleted text end new text begin firearm new text end in violation of this paragraph is guilty of a gross misdemeanor.

new text begin (f) Except as otherwise provided in paragraph (b), when a person is convicted of
a violation of this section or section 609.221, 609.222, 609.223, or 609.224, involving
the intentional infliction of or attempt to inflict bodily harm upon another, or 609.2247,
and the court determines that the assault was against a family or household member, the
court shall order the person to surrender any firearms that the person controls, owns, or
possesses to a federally licensed firearms dealer or a law enforcement agency. A federally
licensed firearms dealer or law enforcement agency may charge the person a reasonable
fee to store the person's firearms. The court shall order that the person surrender all
permits to carry and purchase firearms to the sheriff. Federally licensed firearms dealers
and law enforcement agencies may establish policies for disposal of abandoned firearms.
new text end

Sec. 4.

Minnesota Statutes 2012, section 609.749, subdivision 8, is amended to read:

Subd. 8.

Stalking; firearms.

(a) When a person is convicted of a stalking crime
under this section and the court determines that the person used a firearm in any way
during commission of the crime, the court may order that the person is prohibited from
possessing any type of firearm for any period longer than three years or for the remainder
of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor.
At the time of the conviction, the court shall inform the defendant deleted text begin whether and deleted text end for
how long the defendant is prohibited from possessing a firearm and that it is a gross
misdemeanor to violate this paragraph. The failure of the court to provide this information
to a defendant does not affect the applicability of the firearm possession prohibition or the
gross misdemeanor penalty to that defendant.

(b) Except as otherwise provided in paragraph (a), when a person is convicted of a
stalking crime under this section, the court shall inform the defendant that the defendant is
prohibited from possessing a deleted text begin pistol deleted text end new text begin firearm new text end for three years from the date of conviction and
that it is a gross misdemeanor offense to violate this prohibition. The failure of the court
to provide this information to a defendant does not affect the applicability of the deleted text begin pistol
deleted text end new text begin firearm new text end possession prohibition or the gross misdemeanor penalty to that defendant.

(c) Except as otherwise provided in paragraph (a), a person is not entitled to possess
a pistol if the person has been convicted after August 1, 1996, of a stalking crime under
this section, new text begin or to possess a firearm if the person has been convicted on or after the
effective date of a stalking crime under this section, new text end unless three years have elapsed from
the date of conviction and, during that time, the person has not been convicted of any other
violation of this section. Property rights may not be abated but access may be restricted
by the courts. A person who possesses a deleted text begin pistol deleted text end new text begin firearm new text end in violation of this paragraph is
guilty of a gross misdemeanor.

(d) If the court determines that a person convicted of a stalking crime under this
section owns or possesses a firearm and used it in any way during the commission of
the crime, it shall order that the firearm be summarily forfeited under section 609.5316,
subdivision 3.

new text begin (e) Except as otherwise provided in paragraph (d), when a person is convicted of a
stalking crime under this section, the court shall order the person to surrender any firearms
that the person controls, owns, or possesses to a federally licensed firearms dealer or a
law enforcement agency. A federally licensed firearms dealer or law enforcement agency
may charge the person a reasonable fee to store the person's firearms. The court shall
order that the person surrender all permits to carry and purchase firearms to the sheriff.
Federally licensed firearms dealers and law enforcement agencies may establish policies
for disposal of abandoned firearms.
new text end

Sec. 5.

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 (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 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 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 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; deleted text begin or
deleted text end

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

new text begin (viii) is subject to an order for protection as described in section 518B.01,
subdivision 6, paragraph (g); new text end 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.