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Minnesota Legislature

Office of the Revisor of Statutes

SF 2268

as introduced - 89th Legislature (2015 - 2016) Posted on 03/09/2016 08:35am

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

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23

A bill for an act
relating to public safety; requiring federal licensure of persons who regularly
transfer firearms; proposing coding for new law in Minnesota Statutes, chapter
624.

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

Section 1.

new text begin [624.7163] FIREARMS DEALERS; LICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin Federal firearms license required. new text end

new text begin A person may not transfer more
than three firearms in a calendar year unless that person is a federally licensed firearms
dealer or the person transfers the firearms through a federally licensed firearms dealer as
provided in subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Transfers through a federally licensed firearms dealer. new text end

new text begin A person who
seeks to transfer more than three firearms in a calendar year but does not hold a valid
federal firearms dealer license shall complete the transfer through a federally licensed
firearms dealer as follows:
new text end

new text begin (1) the transferor shall deliver the firearm and a valid transferee permit or report of
transfer to a federally licensed firearms dealer, who shall retain possession of that firearm
until the transaction is completed or as provided in clause (3);
new text end

new text begin (2) the federally licensed dealer shall comply with this section and federal law as if
the dealer had agreed to directly transfer the firearm to the proposed transferee;
new text end

new text begin (3) if the dealer cannot legally deliver the firearm 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 firearm
back to the original transferor. If the original transferor is prohibited by any state or
federal law from possessing a firearm, the dealer shall transfer the firearm to the chief of
police or sheriff within 24 hours;
new text end

new text begin (4) a dealer who denies transfer of a firearm 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
new text end

new text begin (5) the dealer may require the proposed transferee to pay a fee not to exceed $5
above the expenses incurred by the dealer.
new text end

new text begin Subd. 3. new text end

new text begin Exclusions. new text end

new text begin 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:
new text end

new text begin (1) the delivery of a firearm to a person for the purpose of repair, reconditioning,
or remodeling;
new text end

new text begin (2) a loan by a teacher to a student in a course designed to teach firearms
marksmanship or safety and approved by the commissioner of natural resources;
new text end

new text begin (3) a loan between persons at a firearms collectors exhibition;
new text end

new text begin (4) 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;
new text end

new text begin (5) a loan between law enforcement officers who have the power to make arrests
other than citizen arrests; and
new text end

new text begin (6) a loan between employees or between the employer and an employee in a
business if the employee is required to carry a firearm by reason of employment and is the
holder of a valid permit to carry a pistol.
new text end