Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 276-H.F.No. 990 
           An act relating to crimes; providing that persons 
          convicted of a crime of violence may not ship, 
          transport, possess, or receive a firearm for ten years 
          following restoration of civil rights, the setting 
          aside of a conviction, or a pardon; amending Minnesota 
          Statutes 1986, sections 609.165, by adding a 
          subdivision; 609.168; 624.712, subdivision 5; and 
          638.02, subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 609.165, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [CERTAIN CONVICTED FELONS INELIGIBLE TO POSSESS 
FIREARMS.] The order of discharge must provide that a person who 
has been convicted of a crime of violence, as defined in section 
624.712, subdivision 5, is not entitled to ship, transport, 
possess, or receive a firearm until ten years have elapsed since 
the person was restored to civil rights and during that time the 
person was not convicted of any other crime of violence.  Any 
person who has received such a discharge and who thereafter has 
received a relief of disability under United States Code, title 
18, section 925, shall not be subject to the restrictions of 
this subdivision.  
    Sec. 2.  Minnesota Statutes 1986, section 609.168, is 
amended to read:  
    609.168 [EFFECT OF ORDER.] 
    Except as otherwise provided in this section, where an 
order is entered by the court setting aside the conviction the 
person shall be deemed not to have been previously 
convicted.  An order setting aside a conviction for a crime of 
violence, as defined in section 624.712, subdivision 5, must 
provide that the person is not entitled to ship, transport, 
possess, or receive a firearm until ten years have elapsed since 
the order was entered and during that time the person was not 
convicted of any other crime of violence.  Any person who has 
received an order setting aside a conviction and who thereafter 
has received a relief of disability under United States Code, 
title 18, section 925, shall not be subject to the restrictions 
of this subdivision.  
    Sec. 3.  Minnesota Statutes 1986, section 624.712, 
subdivision 5, is amended to read: 
    Subd. 5.  "Crime of violence" includes murder in the first 
degree, murder in the second degree, murder in the and third 
degree degrees, manslaughter in the first degree, manslaughter 
in the and second degree degrees, aiding suicide, aiding 
attempted suicide, aggravated felony violations of assault in 
the first, second, third, and fourth degrees, use of drugs to 
injure or to facilitate crime, simple robbery, aggravated 
robbery, kidnapping, false imprisonment, aggravated rape, rape, 
aggravated sodomy criminal sexual conduct in the first, second, 
third, and fourth degrees, felonious theft, aggravated arson in 
the first and second degrees, riot, burglary in the first, 
second, third, and fourth degrees, reckless use of a gun or 
dangerous weapon, intentionally pointing a gun at or towards a 
human being, setting a spring gun, and unlawfully owning, 
possessing, or operating a machine gun, and an attempt to commit 
any of these offenses, as each of those offenses is defined in 
chapter 609.  "Crime of violence" also includes felony 
violations of chapter 152. 
    Sec. 4.  Minnesota Statutes 1986, section 638.02, 
subdivision 2, is amended to read:  
    Subd. 2.  Any person, convicted of crime in any court of 
this state, who has served the sentence imposed by the court and 
has been discharged of the sentence either by order of court or 
by operation of law, may petition the board of pardons for the 
granting of a pardon extraordinary.  If the board of pardons 
shall determine that such person has been convicted of no 
criminal acts other than the act upon which such conviction was 
founded and is of good character and reputation, the board may, 
in its discretion, grant to such person a pardon extraordinary.  
Such pardon extraordinary, when granted, shall have the effect 
of restoring such person to all civil rights, and shall have the 
effect of setting aside the conviction and nullifying the same 
and of purging such person thereof and such person shall never 
thereafter be required to disclose the conviction at any time or 
place other than in a judicial proceeding thereafter instituted. 
    The application for such pardon extraordinary and the 
proceedings thereunder and notice thereof shall be governed by 
the statutes and the rules of the board in respect to other 
proceedings before the board and contain such further 
information as the board may require.  
    Unless the board of pardons expressly provides otherwise in 
writing by unanimous vote, if the person was convicted of a 
crime of violence, as defined in section 624.712, subdivision 5, 
the pardon extraordinary must expressly provide that the pardon 
does not entitle the person to ship, transport, possess, or 
receive a firearm until ten years have elapsed since the 
sentence was discharged and during that time the person was not 
convicted of any other crime of violence. 
      Sec. 5.  [EFFECTIVE DATE.] 
     This act is effective the day following final enactment. 
    Approved May 28, 1987