Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 537-S.F.No. 1619 
           An act relating to crimes; enhancing penalties for an 
          assault against a family or household member; 
          requiring courts to take possession of any firearm 
          used in the commission of such an assault; 
          disqualifying persons convicted of fifth degree 
          domestic assault from possessing a pistol under 
          certain circumstances; requiring persons convicted of 
          crimes of violence to be notified that they are 
          prohibited from possessing pistols for ten years after 
          restored to civil rights; amending Minnesota Statutes 
          1990, sections 609.224, subdivision 2, and by adding a 
          subdivision; and 624.713, by adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 609.224, 
subdivision 2, is amended to read: 
    Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
provisions of subdivision 1 against the same victim within five 
years of a previous conviction under subdivision 1 or sections 
609.221 to 609.2231 may be sentenced to imprisonment for not 
more than one year or to a payment of a fine of not more than 
$3,000, or both.  Whoever violates the provisions of subdivision 
1 against a family or household member as defined in section 
518B.01, subdivision 2, within five years of a previous 
conviction under subdivision 1 or sections 609.221 to 609.2231 
against a family or household member, may be sentenced to 
imprisonment for not more than one year or to payment of a fine 
of not more than $3,000, or both. 
    (b) Whoever violates the provisions of subdivision 1 within 
two years of a previous conviction under subdivision 1 or 
sections 609.221 to 609.2231 may be sentenced to imprisonment 
for not more than one year or to payment of a fine of not more 
than $3,000, or both. 
    Sec. 2.  Minnesota Statutes 1990, section 609.224, is 
amended by adding a subdivision to read: 
    Subd. 3.  [DOMESTIC ASSAULTS; FIREARMS.] (a) When a person 
is convicted of a violation of this section, the court shall 
determine and make written findings on the record as to whether: 
    (1) the assault was 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 the defendant to relinquish 
possession of the firearm and give it to the local law 
enforcement agency.  Notwithstanding section 609.531, 
subdivision 1, paragraph (f), clause (1), the court shall 
determine whether the firearm shall be forfeited under section 
609.5316, subdivision 3, or retained by the local law 
enforcement agency for a period of three years.  If the owner 
has not been convicted of any crime of violence as defined in 
section 624.712, subdivision 5, or 609.224 against a family or 
household member within that period, the law enforcement agency 
shall return the firearm. 
    (c) When a person is convicted of a violation of this 
section and the court determines that the victim was a family or 
household member, the court shall inform the defendant that the 
defendant is prohibited from possessing a pistol for a period of 
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 pistol possession prohibition or 
the gross misdemeanor penalty to that defendant. 
    (d) A person is not entitled to possess a pistol if: 
    (1) the person has been convicted after August 1, 1992 of 
assault in the fifth degree if the offense was committed within 
three years of a previous conviction under sections 609.221 to 
609.224; or 
    (2) the person has been convicted after August 1, 1992 of 
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, 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 section 
609.224.  Property rights may not be abated but access may be 
restricted by the courts.  A person who possesses a pistol in 
violation of this subdivision is guilty of a gross misdemeanor. 
    Sec. 3.  Minnesota Statutes 1990, section 624.713, is 
amended by adding a subdivision to read: 
    Subd. 3.  [NOTICE TO CONVICTED PERSONS.] When a person is 
convicted of a crime of violence as defined in section 624.712, 
subdivision 5, the court shall inform the defendant that the 
defendant is prohibited from possessing a pistol for a period of 
ten years after the person was restored to civil rights or since 
the sentence has expired, whichever occurs first, and that it is 
a felony offense to violate this prohibition.  The failure of 
the court to provide this information to a defendant does not 
affect the applicability of the pistol possession prohibition or 
the felony penalty to that defendant. 
    Sec. 4.  [EFFECTIVE DATE.] 
    Sections 1 to 3 are effective August 1, 1992, and apply to 
crimes committed on or after that date. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 27, 1992, 1:56 p.m.