Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 413

as introduced - 88th Legislature (2013 - 2014) Posted on 02/14/2013 08:39am

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

A bill for an act
relating to public safety; modifying the judicial process for restoring firearms
eligibility to violent felons; amending Minnesota Statutes 2012, section 609.165,
subdivision 1d.

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

Section 1.

Minnesota Statutes 2012, section 609.165, subdivision 1d, is amended to read:


Subd. 1d.

Judicial restoration of ability to possess firearm by felon.

new text begin (a) new text end A person
prohibited by state law from shipping, transporting, possessing, or receiving a firearm
because of a conviction or a delinquency adjudication for committing a crime of violence
may petition a court to restore the person's ability to possess, receive, ship, or transport
firearms and otherwise deal with firearms.

new text begin (b) A person petitioning the court under paragraph (a) shall serve a copy of the
petition by mail on the prosecutorial office that had jurisdiction over the crime of violence
and the corrections department, if any, who supervised the person in the community
before the person's sentence or disposition was discharged.
new text end

new text begin (c) new text end The court may grant the relief sought if the person shows good cause to do so
and the person deleted text begin has been released from physical confinementdeleted text end new text begin establishes by clear and
convincing evidence that: (1) the person is not likely to act in a manner that is dangerous
to public safety; and (2) the granting of relief is not contrary to the public interest
new text end .

new text begin (d) new text end If a petition is denied, the person may not file another petition until three years
have elapsed without the permission of the court.

new text begin (e) A petition under this subdivision must be filed in the county in which the
petitioner was convicted or adjudicated delinquent for the underlying crime of violence.
new text end

new text begin (f) A petition under this subdivision may not be brought unless at least ten years have
elapsed since the discharge of the petitioner's sentence or disposition for the underlying
crime of violence. However, if the underlying crime of violence was controlled substance
crime in the fifth degree or theft involving the intentional taking of a motor vehicle without
the consent of the owner or authorized agent of the owner, and the petitioner was not in
possession of a firearm when committing the offense, the petition may be brought if at
least five years have elapsed since the discharge.
new text end

new text begin (g) A person bringing a petition under this subdivision may be required to disclose
any relevant information and, upon request, must agree to release any relevant mental
health information to facilitate the court's decision on the petition.
new text end

new text begin (h) A judge who grants or denies a petition under this subdivision must report this
action along with its underlying justification to the state court administrator.
new text end

new text begin (i) By January 15 of each year, the state court administrator shall report to the chairs
and ranking minority members of the senate and house of representatives committees
having jurisdiction over firearms summary data on the number of petitions brought under
this subdivision and the number granted.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end