1.1 	A bill for an act
1.2 	relating to firearms; amending the statutory list of persons prohibited from 
1.3 	possessing firearms for reasons of mental health, by addition of a cross-reference 
1.4 	to federal law; requiring certain state agencies to report to the Legislature on their 
1.5 	implementation of statutes mandating the reporting of mental health commitment 
1.6 	information for the purposes of determining eligibility for firearms possession; 
1.7 	mandating a report to the legislature;amending Minnesota Statutes 2006, section 
1.8 	624.713, subdivision 1.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2006, section 624.713, subdivision 1, is amended to read:
1.11 		Subdivision 1.Ineligible persons. The following persons shall not be entitled to 
1.12 	possess a pistol or semiautomatic military-style assault weapon or, except for clause (a), 
1.13 	any other firearm:
1.14 	(a) a person under the age of 18 years except that a person under 18 may carry or 
1.15 	possess a pistol or semiautomatic military-style assault weapon (i) in the actual presence 
1.16 	or under the direct supervision of the person's parent or guardian, (ii) for the purpose 
1.17 	of military drill under the auspices of a legally recognized military organization and 
1.18 	under competent supervision, (iii) for the purpose of instruction, competition, or target 
1.19 	practice on a firing range approved by the chief of police or county sheriff in whose 
1.20 	jurisdiction the range is located and under direct supervision; or (iv) if the person has 
1.21 	successfully completed a course designed to teach marksmanship and safety with a pistol 
1.22 	or semiautomatic military-style assault weapon and approved by the commissioner of 
1.23 	natural resources;
1.24 	(b) except as otherwise provided in clause (i), a person who has been convicted of, or 
1.25 	adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in 
1.26 	this state or elsewhere, a crime of violence. For purposes of this section, crime of violence 
2.1 	includes crimes in other states or jurisdictions which would have been crimes of violence 
2.2 	as herein defined if they had been committed in this state;
2.3 	(c) a person who is or has ever been confined in Minnesota or elsewhere as a 
2.4 	person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the 
2.5 	public, as defined in section 253B.02, and United States Code, title 18, section 922(g), to 
2.6 	a treatment facility, or who has ever been found incompetent to stand trial or not guilty 
2.7 	by reason of mental illness, unless the person possesses a certificate of a medical doctor 
2.8 	or psychiatrist licensed in Minnesota, or other satisfactory proof that the person is no 
2.9 	longer suffering from this disability; 
2.10 	(d) a person who has been convicted in Minnesota or elsewhere of a misdemeanor 
2.11 	or gross misdemeanor violation of chapter 152, or a person who is or has ever been 
2.12 	hospitalized or committed for treatment for the habitual use of a controlled substance 
2.13 	or marijuana, as defined in sections 152.01 and 152.02, unless the person possesses a 
2.14 	certificate of a medical doctor or psychiatrist licensed in Minnesota, or other satisfactory 
2.15 	proof, that the person has not abused a controlled substance or marijuana during the 
2.16 	previous two years; 
2.17 	(e) a person who has been confined or committed to a treatment facility in Minnesota 
2.18 	or elsewhere as chemically dependent as defined in section 253B.02, unless the person 
2.19 	has completed treatment. Property rights may not be abated but access may be restricted 
2.20 	by the courts; 
2.21 	(f) a peace officer who is informally admitted to a treatment facility pursuant to 
2.22 	section 253B.04 for chemical dependency, unless the officer possesses a certificate from 
2.23 	the head of the treatment facility discharging or provisionally discharging the officer from 
2.24 	the treatment facility. Property rights may not be abated but access may be restricted 
2.25 	by the courts; 
2.26 	(g) a person, including a person under the jurisdiction of the juvenile court, who 
2.27 	has been charged with committing a crime of violence and has been placed in a pretrial 
2.28 	diversion program by the court before disposition, until the person has completed the 
2.29 	diversion program and the charge of committing the crime of violence has been dismissed;
2.30 	(h) except as otherwise provided in clause (i), a person who has been convicted in 
2.31 	another state of committing an offense similar to the offense described in section 609.224, 
2.32 	subdivision 3, against a family or household member or section 609.2242, subdivision 
2.33 	3, unless three years have elapsed since the date of conviction and, during that time, the 
2.34 	person has not been convicted of any other violation of section 609.224, subdivision 3, or 
2.35 	609.2242, subdivision 3, or a similar law of another state; 
3.1 	(i) a person who has been convicted in this state or elsewhere of assaulting a family 
3.2 	or household member and who was found by the court to have used a firearm in any way 
3.3 	during commission of the assault is prohibited from possessing any type of firearm for the 
3.4 	period determined by the sentencing court;
3.5 	(j) a person who:
3.6 	(1) has been convicted in any court of a crime punishable by imprisonment for a 
3.7 	term exceeding one year;
3.8 	(2) is a fugitive from justice as a result of having fled from any state to avoid 
3.9 	prosecution for a crime or to avoid giving testimony in any criminal proceeding;
3.10 	(3) is an unlawful user of any controlled substance as defined in chapter 152;
3.11 	(4) has been judicially committed to a treatment facility in Minnesota or elsewhere 
3.12 	as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to 
3.13 	the public, as defined in section 253B.02, and United States Code, title 18, section 922(g); 
3.14 	(5) is an alien who is illegally or unlawfully in the United States;
3.15 	(6) has been discharged from the armed forces of the United States under 
3.16 	dishonorable conditions; or
3.17 	(7) has renounced the person's citizenship having been a citizen of the United 
3.18 	States; or
3.19 	(k) a person who has been convicted of the following offenses at the gross 
3.20 	misdemeanor level, unless three years have elapsed since the date of conviction and, 
3.21 	during that time, the person has not been convicted of any other violation of these sections: 
3.22 	section 609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision 
3.23 	4 (assaults motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or 
3.24 	endangerment of a child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665
3.25 	(setting a spring gun); 609.71 (riot); or 609.749 (harassment and stalking). For purposes 
3.26 	of this paragraph, the specified gross misdemeanor convictions include crimes committed 
3.27 	in other states or jurisdictions which would have been gross misdemeanors if conviction 
3.28 	occurred in this state. 
3.29 	A person who issues a certificate pursuant to this subdivision in good faith is not 
3.30 	liable for damages resulting or arising from the actions or misconduct with a firearm 
3.31 	committed by the individual who is the subject of the certificate.
3.32 	The prohibition in this subdivision relating to the possession of firearms other than 
3.33 	pistols and semiautomatic military-style assault weapons does not apply retroactively 
3.34 	to persons who are prohibited from possessing a pistol or semiautomatic military-style 
3.35 	assault weapon under this subdivision before August 1, 1994.
4.1 	The lifetime prohibition on possessing, receiving, shipping, or transporting firearms 
4.2 	for persons convicted or adjudicated delinquent of a crime of violence in clause (b), 
4.3 	applies only to offenders who are discharged from sentence or court supervision for a 
4.4 	crime of violence on or after August 1, 1993.

4.5 	EFFECTIVE DATE. This section is effective August 1, 2008, and applies to person 
4.6 	possessing or attempting to possess any firearm on or after that date.

4.7 	Sec. 2. REPORT REQUIRED; MENTAL HEALTH COMMITMENT.
 4.8 	By February 15, 2008, the commissioner of health and the state court administrator, 
4.9 	or their designees, shall report to the chairs of the House and Senate committees on health 
4.10 	and human services policy and criminal justice policy regarding the implementation 
4.11 	of Minnesota Statutes, sections 245.041, and 253B.09, subdivision 3a, regarding 
4.12 	the provision of mental health commitment information on individuals to local law 
4.13 	enforcement agencies, upon specific request by law enforcement officials for use in 
4.14 	determining eligibility for firearms possession under state and federal laws.

4.15 	EFFECTIVE DATE. This section is effective the day following final enactment.