SF 3866

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/12/2020 02:32pm

A bill for an act
relating to public safety; expressly prohibiting civilly committed sex offenders
from possessing firearms; consolidating various provisions on mandatory transfers
of firearms and providing for enforcement of these transfers; clarifying felony
drive-by shooting; increasing penalties for gang members who possess pistols in
public without a permit to carry; expanding the information collected and scope
of background check conducted for noncitizen permit to carry applicants; increasing
penalties for transferring certain firearms to ineligible persons; prohibiting local
units of government from disarming peace officers who are in good standing;
amending Minnesota Statutes 2018, sections 260C.201, subdivision 3; 518B.01,
subdivision 6; 609.2242, subdivision 3; 609.66, subdivision 1e; 624.713,
subdivision 4; 624.714, subdivisions 1a, 3, 4; 624.7141; 624.7144; 626.8452, by
adding a subdivision; Minnesota Statutes 2019 Supplement, sections 609.749,
subdivision 8; 624.713, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapter 624.

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

Section 1.

Minnesota Statutes 2018, section 260C.201, subdivision 3, is amended to read:

Subd. 3.

Domestic child abuse.

(a) If the court finds that the child is a victim of domestic
child abuse, as defined in section 260C.007, subdivision 13, it may order any of the following
dispositions of the case in addition to or as alternatives to the dispositions authorized under
subdivision 1:

(1) restrain any party from committing acts of domestic child abuse;

(2) exclude the abusing party from the dwelling which the family or household members
share or from the residence of the child;

(3) on the same basis as is provided in chapter 518, establish temporary visitation with
regard to minor children of the adult family or household members;

(4) on the same basis as is provided in chapter 518 or 518A, establish temporary support
or maintenance for a period of 30 days for minor children or a spouse;

(5) provide counseling or other social services for the family or household members; or

(6) order the abusing party to participate in treatment or counseling services.

Any relief granted by the order for protection shall be for a fixed period not to exceed
one year.

(b) No order excluding the abusing party from the dwelling may be issued unless the
court finds that:

(1) the order is in the best interests of the child or children remaining in the dwelling;

(2) a remaining adult family or household member is able to care adequately for the
child or children in the absence of the excluded party; and

(3) the local welfare agency has developed a plan to provide appropriate social services
to the remaining family or household members.

(c) Upon a finding that the remaining parent is able to care adequately for the child and
enforce an order excluding the abusing party from the home and that the provision of
supportive services by the responsible social services agency is no longer necessary, the
responsible social services agency may be dismissed as a party to the proceedings. Orders
entered regarding the abusing party remain in full force and effect and may be renewed by
the remaining parent as necessary for the continued protection of the child for specified
periods of time, not to exceed one year.

(d) An order granting relief that was issued after a hearing of which the abusing party
received actual notice and at which the abusing party had the opportunity to participate,
shall prohibit the abusing party from possessing firearms for the length the order is in effect
if the order (1) restrains the abusing party from harassing, stalking, or threatening the child
or restrains the abusing party from engaging in other conduct that would place the child in
reasonable fear of bodily injury, and (2) includes a finding that the abusing party represents
a credible threat to the physical safety of the child or prohibits the abusing party from using,
attempting to use, or threatening to use physical force against the child. The order shall
inform the abusing party of that party's prohibited status. deleted text begin Except as provided in paragraph
(f), the court shall order the abusing party to transfer any firearms that the person possesses,
within three business days, to a federally licensed firearms dealer, a law enforcement agency,
or a third party who may lawfully receive them. The transfer may be permanent or temporary.
A temporary firearm transfer only entitles the receiving party to possess the firearm. A
temporary transfer does not transfer ownership or title. An abusing party may not transfer
firearms to a third party who resides with the abusing party. If an abusing party makes a
temporary transfer, a federally licensed firearms dealer or law enforcement agency may
charge the abusing party a reasonable fee to store the person's firearms and may establish
policies for disposal of abandoned firearms, provided such policies require that the person
be notified via certified mail prior to disposal of abandoned firearms. For temporary firearms
transfers under this paragraph, a law enforcement agency, federally licensed firearms dealer,
or third party shall exercise due care to preserve the quality and function of the transferred
firearms and shall return the transferred firearms to the person upon request after the
expiration of the prohibiting time period, provided the person is not otherwise prohibited
from possessing firearms under state or federal law. The return of temporarily transferred
firearms to an abusing party shall comply with state and federal law. If an abusing party
permanently transfers the abusing party's firearms to a law enforcement agency, the agency
is not required to compensate the abusing party and may charge the abusing party a
reasonable processing fee. A law enforcement agency is not required to accept an abusing
party's firearm under this paragraph deleted text end new text begin Section 624.7134 governs the mandatory transfer of
firearms from abusing parties who are prohibited from possessing a firearm under this
paragraph new text end .

deleted text begin (e) An abusing party who is ordered to transfer firearms under paragraph (d) must file
proof of transfer as provided for in this paragraph. If the transfer is made to a third party,
the third party must sign an affidavit under oath before a notary public either acknowledging
that the abusing party permanently transferred the abusing party's firearms to the third party
or agreeing to temporarily store the abusing party's firearms until such time as the abusing
party is legally permitted to possess firearms. The affidavit shall indicate the serial number,
make, and model of all firearms transferred by the abusing party to the third party. The third
party shall acknowledge in the affidavit that the third party may be held criminally and
civilly responsible under section 624.7144 if the abusing party gains access to a transferred
firearm while the firearm is in the custody of the third party. If the transfer is to a law
enforcement agency or federally licensed firearms dealer, the law enforcement agency or
federally licensed firearms dealer shall provide proof of transfer to the abusing party. The
proof of transfer must specify whether the firearms were permanently or temporarily
transferred and include the name of the abusing party, date of transfer, and the serial number,
make, and model of all transferred firearms. The abusing party shall provide the court with
a signed and notarized affidavit or proof of transfer as described in this section within two
business days of the firearms transfer. The court shall seal affidavits and proofs of transfer
filed pursuant to this paragraph.
deleted text end

deleted text begin (f) When a court issues an order containing a firearms restriction provided for in
paragraph (d), the court shall determine by a preponderance of evidence if an abusing party
poses an imminent risk of causing another person substantial bodily harm. Upon a finding
of imminent risk, the court shall order that the local law enforcement agency take immediate
possession of all firearms in the abusing party's possession. The local law enforcement
agency shall exercise due care to preserve the quality and function of the abusing party's
firearms and shall return the firearms to the person upon request after the expiration of the
prohibiting time period, provided the person is not otherwise prohibited from possessing
firearms under state or federal law. The local law enforcement agency shall, upon written
notice from the abusing party, transfer the firearms to a federally licensed firearms dealer
or a third party who may lawfully receive them. Before a local law enforcement agency
transfers a firearm under this paragraph, the agency shall require the third party or federally
licensed firearms dealer receiving the firearm to submit an affidavit or proof of transfer that
complies with the requirements for affidavits or proofs of transfer established in paragraph
(e). The agency shall file all affidavits or proofs of transfer received with the court within
two business days of the transfer. The court shall seal all affidavits or proofs of transfer
filed pursuant to this paragraph. A federally licensed firearms dealer or third party who
accepts a firearm transfer pursuant to this paragraph shall comply with paragraphs (d) and
(e) as if accepting transfer from the abusing party. If the law enforcement agency does not
receive written notice from the abusing party within three business days, the agency may
charge a reasonable fee to store the abusing party's firearms. A law enforcement agency
may establish policies for disposal of abandoned firearms, provided such policies require
that the abusing party be notified via certified mail prior to disposal of abandoned firearms.
deleted text end

Sec. 2.

Minnesota Statutes 2018, section 518B.01, subdivision 6, is amended to read:

Subd. 6.

Relief by court.

(a) Upon notice and hearing, the court may provide relief as
follows:

(1) restrain the abusing party from committing acts of domestic abuse;

(2) exclude the abusing party from the dwelling which the parties share or from the
residence of the petitioner;

(3) exclude the abusing party from a reasonable area surrounding the dwelling or
residence, which area shall be described specifically in the order;

(4) award temporary custody or establish temporary parenting time with regard to minor
children of the parties on a basis which gives primary consideration to the safety of the
victim and the children. In addition to the primary safety considerations, the court may
consider particular best interest factors that are found to be relevant to the temporary custody
and parenting time award. Findings under section 257.025, 518.17, or 518.175 are not
required with respect to the particular best interest factors not considered by the court. If
the court finds that the safety of the victim or the children will be jeopardized by unsupervised
or unrestricted parenting time, the court shall condition or restrict parenting time as to time,
place, duration, or supervision, or deny parenting time entirely, as needed to guard the safety
of the victim and the children. The court's decision on custody and parenting time shall in
no way delay the issuance of an order for protection granting other relief provided for in
this section. The court must not enter a parenting plan under section 518.1705 as part of an
action for an order for protection;

(5) on the same basis as is provided in chapter 518 or 518A, establish temporary support
for minor children or a spouse, and order the withholding of support from the income of
the person obligated to pay the support according to chapter 518A;

(6) provide upon request of the petitioner counseling or other social services for the
parties, if married, or if there are minor children;

(7) order the abusing party to participate in treatment or counseling services, including
requiring the abusing party to successfully complete a domestic abuse counseling program
or educational program under section 518B.02;

(8) award temporary use and possession of property and restrain one or both parties from
transferring, encumbering, concealing, or disposing of property except in the usual course
of business or for the necessities of life, and to account to the court for all such transfers,
encumbrances, dispositions, and expenditures made after the order is served or communicated
to the party restrained in open court;

(9) exclude the abusing party from the place of employment of the petitioner, or otherwise
limit access to the petitioner by the abusing party at the petitioner's place of employment;

(10) order the abusing party to have no contact with the petitioner whether in person,
by telephone, mail, or electronic mail or messaging, through a third party, or by any other
means;

(11) order the abusing party to pay restitution to the petitioner;

(12) order the continuance of all currently available insurance coverage without change
in coverage or beneficiary designation;

(13) order, in its discretion, other relief as it deems necessary for the protection of a
family or household member, including orders or directives to the sheriff or other law
enforcement or corrections officer as provided by this section;

(14) direct the care, possession, or control of a pet or companion animal owned,
possessed, or kept by the petitioner or respondent or a child of the petitioner or respondent;
and

(15) direct the respondent to refrain from physically abusing or injuring any pet or
companion animal, without legal justification, known to be owned, possessed, kept, or held
by either party or a minor child residing in the residence or household of either party as an
indirect means of intentionally threatening the safety of such person.

(b) Any relief granted by the order for protection shall be for a period not to exceed two
years, except when the court determines a longer period is appropriate. When a referee
presides at the hearing on the petition, the order granting relief becomes effective upon the
referee's signature.

(c) An order granting the relief authorized in paragraph (a), clause (1), may not be vacated
or modified in a proceeding for dissolution of marriage or legal separation, except that the
court may hear a motion for modification of an order for protection concurrently with a
proceeding for dissolution of marriage upon notice of motion and motion. The notice required
by court rule shall not be waived. If the proceedings are consolidated and the motion to
modify is granted, a separate order for modification of an order for protection shall be issued.

(d) An order granting the relief authorized in paragraph (a), clause (2) or (3), is not
voided by the admittance of the abusing party into the dwelling from which the abusing
party is excluded.

(e) If a proceeding for dissolution of marriage or legal separation is pending between
the parties, the court shall provide a copy of the order for protection to the court with
jurisdiction over the dissolution or separation proceeding for inclusion in its file.

(f) An order for restitution issued under this subdivision is enforceable as civil judgment.

(g) An order granting relief shall prohibit the abusing party from possessing firearms
for the length the order is in effect if the order (1) restrains the abusing party from harassing,
stalking, or threatening the petitioner or restrains the abusing party from engaging in other
conduct that would place the petitioner in reasonable fear of bodily injury, and (2) includes
a finding that the abusing party represents a credible threat to the physical safety of the
petitioner or prohibits the abusing party from using, attempting to use, or threatening to use
physical force against the petitioner. The order shall inform the abusing party of that party's
prohibited status. deleted text begin Except as provided in paragraph (i), the court shall order the abusing party
to transfer any firearms that the person possesses, within three business days, to a federally
licensed firearms dealer, a law enforcement agency, or a third party who may lawfully
receive them. The transfer may be permanent or temporary. A temporary firearm transfer
only entitles the receiving party to possess the firearm. A temporary transfer does not transfer
ownership or title. An abusing party may not transfer firearms to a third party who resides
with the abusing party. If an abusing party makes a temporary transfer, a federally licensed
firearms dealer or law enforcement agency may charge the abusing party a reasonable fee
to store the person's firearms and may establish policies for disposal of abandoned firearms,
provided such policies require that the person be notified via certified mail prior to disposal
of abandoned firearms. For temporary firearms transfers under this paragraph, a law
enforcement agency, federally licensed firearms dealer, or third party shall exercise due
care to preserve the quality and function of the transferred firearms and shall return the
transferred firearms to the person upon request after the expiration of the prohibiting time
period, provided the person is not otherwise prohibited from possessing firearms under state
or federal law. The return of temporarily transferred firearms to an abusing party shall
comply with state and federal law. If an abusing party permanently transfers the abusing
party's firearms to a law enforcement agency, the agency is not required to compensate the
abusing party and may charge the abusing party a reasonable processing fee. A law
enforcement agency is not required to accept an abusing party's firearm under this paragraph deleted text end new text begin
Section 624.7134 governs the mandatory transfer of firearms from abusing parties who are
prohibited from possessing a firearm under this paragraph new text end .

deleted text begin (h) An abusing party who is ordered to transfer firearms under paragraph (g) must file
proof of transfer as provided for in this paragraph. If the transfer is made to a third party,
the third party must sign an affidavit under oath before a notary public either acknowledging
that the abusing party permanently transferred the abusing party's firearms to the third party
or agreeing to temporarily store the abusing party's firearms until such time as the abusing
party is legally permitted to possess firearms. The affidavit shall indicate the serial number,
make, and model of all firearms transferred by the abusing party to the third party. The third
party shall acknowledge in the affidavit that the third party may be held criminally and
civilly responsible under section 624.7144 if the abusing party gains access to a transferred
firearm while the firearm is in the custody of the third party. If the transfer is to a law
enforcement agency or federally licensed firearms dealer, the law enforcement agency or
federally licensed firearms dealer shall provide proof of transfer to the abusing party. The
proof of transfer must specify whether the firearms were permanently or temporarily
transferred and include the name of the abusing party, date of transfer, and the serial number,
make, and model of all transferred firearms. The abusing party shall provide the court with
a signed and notarized affidavit or proof of transfer as described in this section within two
business days of the firearms transfer. The court shall seal affidavits and proofs of transfer
filed pursuant to this paragraph.
deleted text end

deleted text begin (i) When a court issues an order containing a firearms restriction provided for in paragraph
(g), the court shall determine by a preponderance of evidence if an abusing party poses an
imminent risk of causing another person substantial bodily harm. Upon a finding of imminent
risk, the court shall order that the local law enforcement agency take immediate possession
of all firearms in the abusing party's possession. The local law enforcement agency shall
exercise due care to preserve the quality and function of the abusing party's firearms and
shall return the firearms to the person upon request after the expiration of the prohibiting
time period, provided the person is not otherwise prohibited from possessing firearms under
state or federal law. The local law enforcement agency shall, upon written notice from the
abusing party, transfer the firearms to a federally licensed firearms dealer or a third party
who may lawfully receive them. Before a local law enforcement agency transfers a firearm
under this paragraph, the agency shall require the third party or federally licensed firearms
dealer receiving the firearm to submit an affidavit or proof of transfer that complies with
the requirements for affidavits or proofs of transfer established in paragraph (h). The agency
shall file all affidavits or proofs of transfer received with the court within two business days
of the transfer. The court shall seal all affidavits or proofs of transfer filed pursuant to this
paragraph. A federally licensed firearms dealer or third party who accepts a firearm transfer
pursuant to this paragraph shall comply with paragraphs (g) and (h) as if accepting transfer
from the abusing party. If the law enforcement agency does not receive written notice from
the abusing party within three business days, the agency may charge a reasonable fee to
store the abusing party's firearms. A law enforcement agency may establish policies for
disposal of abandoned firearms, provided such policies require that the abusing party be
notified via certified mail prior to disposal of abandoned firearms.
deleted text end

Sec. 3.

Minnesota Statutes 2018, section 609.2242, subdivision 3, is amended to read:

Subd. 3.

Domestic assaults; firearms.

(a) When a person is convicted of a violation of
this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247, the court shall
determine and make written findings on the record as to whether:

(1) the assault was committed against 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 that the firearm be summarily forfeited under section 609.5316,
subdivision 3.

(c) When a person is convicted of assaulting a family or household member and is
determined by the court to have used a firearm in any way during commission of the assault,
the court may order that the person is prohibited from possessing any type of firearm for
any period longer than three years or for the remainder of the person's life. A person who
violates this paragraph is guilty of a gross misdemeanor. At the time of the conviction, the
court shall inform the defendant for how long the defendant is prohibited from possessing
a firearm and that it is a gross misdemeanor to violate this paragraph. The failure of the
court to provide this information to a defendant does not affect the applicability of the
firearm possession prohibition or the gross misdemeanor penalty to that defendant.

(d) Except as otherwise provided in paragraph (c), when a person is convicted of a
violation of this section or section 609.224 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 firearm for 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 firearm possession
prohibition or the gross misdemeanor penalty to that defendant.

(e) Except as otherwise provided in paragraph (c), a person is not entitled to possess a
pistol if the person has been convicted after August 1, 1992, or a firearm if a person has
been convicted on or after August 1, 2014, of domestic assault under this section or 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 this section or section 609.224. Property rights may not be abated but access
may be restricted by the courts. A person who possesses a firearm in violation of this
paragraph is guilty of a gross misdemeanor.

(f) deleted text begin Except as otherwise provided in paragraphs (b) and (h), when a person is convicted
of a violation of this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247
and the court determines that the assault was against a family or household member, the
court shall order the defendant to transfer any firearms that the person possesses, within
three business days, to a federally licensed firearms dealer, a law enforcement agency, or
a third party who may lawfully receive them. The transfer may be permanent or temporary,
unless the court prohibits the person from possessing a firearm for the remainder of the
person's life under paragraph (c). A temporary firearm transfer only entitles the receiving
party to possess the firearm. A temporary transfer does not transfer ownership or title. A
defendant may not transfer firearms to a third party who resides with the defendant. If a
defendant makes a temporary transfer, a federally licensed firearms dealer or law enforcement
agency may charge the defendant a reasonable fee to store the person's firearms and may
establish policies for disposal of abandoned firearms, provided such policies require that
the person be notified by certified mail prior to disposal of abandoned firearms. For temporary
firearms transfers under this paragraph, a law enforcement agency, federally licensed firearms
dealer, or third party shall exercise due care to preserve the quality and function of the
transferred firearms and shall return the transferred firearms to the person upon request after
the expiration of the prohibiting time period imposed under this subdivision, provided the
person is not otherwise prohibited from possessing firearms under state or federal law. The
return of temporarily transferred firearms to a person shall comply with state and federal
law. If a defendant permanently transfers the defendant's firearms to a law enforcement
agency, the agency is not required to compensate the defendant and may charge the defendant
a reasonable processing fee. A law enforcement agency is not required to accept a person's
firearm under this paragraph. The court shall order that the person surrender all permits to
carry and purchase firearms to the sheriff deleted text end new text begin Section 624.7134 governs the mandatory transfer
of firearms from persons who are prohibited from possessing a firearm under paragraph (c)
or (e) new text end .

deleted text begin (g) A defendant who is ordered to transfer firearms under paragraph (f) must file proof
of transfer as provided for in this paragraph. If the transfer is made to a third party, the third
party must sign an affidavit under oath before a notary public either acknowledging that
the defendant permanently transferred the defendant's firearms to the third party or agreeing
to temporarily store the defendant's firearms until such time as the defendant is legally
permitted to possess firearms. The affidavit shall indicate the serial number, make, and
model of all firearms transferred by the defendant to the third party. The third party shall
acknowledge in the affidavit that the third party may be held criminally and civilly
responsible under section 624.7144 if the defendant gains access to a transferred firearm
while the firearm is in the custody of the third party. If the transfer is to a law enforcement
agency or federally licensed firearms dealer, the law enforcement agency or federally
licensed firearms dealer shall provide proof of transfer to the defendant. The proof of transfer
must specify whether the firearms were permanently or temporarily transferred and include
the name of the defendant, date of transfer, and the serial number, make, and model of all
transferred firearms. The defendant shall provide the court with a signed and notarized
affidavit or proof of transfer as described in this section within two business days of the
firearms transfer. The court shall seal affidavits and proofs of transfer filed pursuant to this
paragraph.
deleted text end

deleted text begin (h) When a person is convicted of a violation of this section or section 609.221, 609.222,
609.223, 609.224, or 609.2247, and the court determines that the assault was against a family
or household member, the court shall determine by a preponderance of the evidence if the
person poses an imminent risk of causing another person substantial bodily harm. Upon a
finding of imminent risk, the court shall order that the local law enforcement agency take
immediate possession of all firearms in the person's possession. The local law enforcement
agency shall exercise due care to preserve the quality and function of the defendant's firearms
and shall return the firearms to the person upon request after the expiration of the prohibiting
time period, provided the person is not otherwise prohibited from possessing firearms under
state or federal law. The local law enforcement agency shall, upon written notice from the
person, transfer the firearms to a federally licensed firearms dealer or a third party who may
lawfully receive them. Before a local law enforcement agency transfers a firearm under this
paragraph, the agency shall require the third party or federally licensed firearms dealer
receiving the firearm to submit an affidavit or proof of transfer that complies with the
requirements for affidavits or proofs of transfer established in paragraph (g). The agency
shall file all affidavits or proofs of transfer received with the court within two business days
of the transfer. The court shall seal all affidavits or proofs of transfer filed pursuant to this
paragraph. A federally licensed firearms dealer or third party who accepts a firearm transfer
pursuant to this paragraph shall comply with paragraphs (f) and (g) as if accepting transfer
from the defendant. If the law enforcement agency does not receive written notice from the
defendant within three business days, the agency may charge a reasonable fee to store the
defendant's firearms. A law enforcement agency may establish policies for disposal of
abandoned firearms, provided such policies require that the person be notified via certified
mail prior to disposal of abandoned firearms.
deleted text end

Sec. 4.

Minnesota Statutes 2018, section 609.66, subdivision 1e, is amended to read:

Subd. 1e.

Felony; drive-by shooting.

(a) deleted text begin Whoever, deleted text end new text begin A person is guilty of a felony who, new text end
while in or having just exited from a motor vehicle, recklessly discharges a firearm at or
toward deleted text begin another deleted text end new text begin :
new text end

new text begin (1) an unoccupied new text end motor vehicle or deleted text begin a deleted text end building deleted text begin is guilty of a felony and may be sentenced
to imprisonment for not more than three years or to payment of a fine of not more than
$6,000, or both. deleted text end new text begin ;
new text end

new text begin (2) an occupied motor vehicle or building; or
new text end

new text begin (3) another person.
new text end

(b) deleted text begin Any person who violates this subdivision by firing at or toward a person, or an
occupied building or motor vehicle, may be sentenced deleted text end new text begin A person convicted under paragraph
(a), clause (1), may be sentenced to imprisonment for not more than three years or to payment
of a fine of not more than $6,000, or both. A person convicted under paragraph (a), clause
(2) or (3), may be sentenced new text end to imprisonment for not more than ten years or to payment of
a fine of not more than $20,000, or both.

(c) For purposes of this subdivision, "motor vehicle" has the meaning given in section
609.52, subdivision 1, and "building" has the meaning given in section 609.581, subdivision
2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2019 Supplement, section 609.749, subdivision 8, is amended
to read:

Subd. 8.

Harassment; stalking; firearms.

(a) When a person is convicted of harassment
or stalking under this section and the court determines that the person used a firearm in any
way during commission of the crime, the court may order that the person is prohibited from
possessing any type of firearm for any period longer than three years or for the remainder
of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor.
At the time of the conviction, the court shall inform the defendant for how long the defendant
is prohibited from possessing a firearm and that it is a gross misdemeanor to violate this
paragraph. The failure of the court to provide this information to a defendant does not affect
the applicability of the firearm possession prohibition or the gross misdemeanor penalty to
that defendant.

(b) Except as otherwise provided in paragraph (a), when a person is convicted of
harassment or stalking under this section, the court shall inform the defendant that the
defendant is prohibited from possessing a firearm for 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 firearm
possession prohibition or the gross misdemeanor penalty to that defendant.

(c) Except as otherwise provided in paragraph (a), a person is not entitled to possess a
pistol if the person has been convicted after August 1, 1996, of harassment or stalking under
this section, or to possess a firearm if the person has been convicted on or after August 1,
2014, of harassment or stalking under this section, 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 this section. Property rights may not be abated but access may be restricted by
the courts. A person who possesses a firearm in violation of this paragraph is guilty of a
gross misdemeanor.

(d) If the court determines that a person convicted of harassment or stalking under this
section owns or possesses a firearm and used it in any way during the commission of the
crime, it shall order that the firearm be summarily forfeited under section 609.5316,
subdivision 3.

(e) deleted text begin Except as otherwise provided in paragraphs (d) and (g), when a person is convicted
of harassment or stalking under this section, the court shall order the defendant to transfer
any firearms that the person possesses, within three business days, to a federally licensed
firearms dealer, a law enforcement agency, or a third party who may lawfully receive them.
The transfer may be permanent or temporary. A temporary firearm transfer only entitles
the receiving party to possess the firearm. A temporary transfer does not transfer ownership
or title. A defendant may not transfer firearms to a third party who resides with the defendant.
If a defendant makes a temporary transfer, a federally licensed firearms dealer or law
enforcement agency may charge the defendant a reasonable fee to store the person's firearms
and may establish policies for disposal of abandoned firearms, provided such policies require
that the person be notified via certified mail prior to disposal of abandoned firearms. For
temporary firearms transfers under this paragraph, a law enforcement agency, federally
licensed firearms dealer, or third party shall exercise due care to preserve the quality and
function of the transferred firearms and shall return the transferred firearms to the person
upon request after the expiration of the prohibiting time period imposed under this
subdivision, provided the person is not otherwise prohibited from possessing firearms under
state or federal law. The return of temporarily transferred firearms to a defendant shall
comply with state and federal law. If a defendant permanently transfers the defendant's
firearms to a law enforcement agency, the agency is not required to compensate the defendant
and may charge the defendant a reasonable processing fee. A law enforcement agency is
not required to accept a person's firearm under this paragraph. The court shall order that the
person surrender all permits to carry and purchase firearms to the sheriff deleted text end new text begin Section 624.7134
governs the mandatory transfer of firearms from persons who are prohibited from possessing
a firearm under paragraph (a) or (c) new text end .

deleted text begin (f) A defendant who is ordered to transfer firearms under paragraph (e) must file proof
of transfer as provided for in this paragraph. If the transfer is made to a third party, the third
party must sign an affidavit under oath before a notary public either acknowledging that
the defendant permanently transferred the defendant's firearms to the third party or agreeing
to temporarily store the defendant's firearms until such time as the defendant is legally
permitted to possess firearms. The affidavit shall indicate the serial number, make, and
model of all firearms transferred by the defendant to the third party. The third party shall
acknowledge in the affidavit that the third party may be held criminally and civilly
responsible under section 624.7144 if the defendant gains access to a transferred firearm
while the firearm is in the custody of the third party. If the transfer is to a law enforcement
agency or federally licensed firearms dealer, the law enforcement agency or federally
licensed firearms dealer shall provide proof of transfer to the defendant. The proof of transfer
must specify whether the firearms were permanently or temporarily transferred and include
the name of the defendant, date of transfer, and the serial number, make, and model of all
transferred firearms. The defendant shall provide the court with a signed and notarized
affidavit or proof of transfer as described in this section within two business days of the
firearms transfer. The court shall seal affidavits and proofs of transfer filed pursuant to this
paragraph.
deleted text end

deleted text begin (g) When a person is convicted of harassment or stalking under this section, the court
shall determine by a preponderance of the evidence if the person poses an imminent risk of
causing another person substantial bodily harm. Upon a finding of imminent risk, the court
shall order that the local law enforcement agency take immediate possession of all firearms
in the person's possession. The local law enforcement agency shall exercise due care to
preserve the quality and function of the defendant's firearms and shall return the firearms
to the person upon request after the expiration of the prohibiting time period, provided the
person is not otherwise prohibited from possessing firearms under state or federal law. The
local law enforcement agency shall, upon written notice from the person, transfer the firearms
to a federally licensed firearms dealer or a third party who may lawfully receive them.
Before a local law enforcement agency transfers a firearm under this paragraph, the agency
shall require the third party or federally licensed firearms dealer receiving the firearm to
submit an affidavit or proof of transfer that complies with the requirements for affidavits
or proofs of transfer established in paragraph (f). The agency shall file all affidavits or proofs
of transfer received with the court within two business days of the transfer. The court shall
seal all affidavits or proofs of transfer filed pursuant to this paragraph. A federally licensed
firearms dealer or third party who accepts a firearm transfer pursuant to this paragraph shall
comply with paragraphs (e) and (f) as if accepting transfer from the defendant. If the law
enforcement agency does not receive written notice from the defendant within three business
days, the agency may charge a reasonable fee to store the defendant's firearms. A law
enforcement agency may establish policies for disposal of abandoned firearms, provided
such policies require that the person be notified via certified mail prior to disposal of
abandoned firearms.
deleted text end

Sec. 6.

Minnesota Statutes 2019 Supplement, section 624.713, subdivision 1, is amended
to read:

Subdivision 1.

Ineligible persons.

The following persons shall not be entitled to possess
ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause
(1), any other firearm:

(1) a person under the age of 18 years except that a person under 18 may possess
ammunition designed for use in a firearm that the person may lawfully possess and may
carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual
presence or under the direct supervision of the person's parent or guardian, (ii) for the
purpose of military drill under the auspices of a legally recognized military organization
and under competent supervision, (iii) for the purpose of instruction, competition, or target
practice on a firing range approved by the chief of police or county sheriff in whose
jurisdiction the range is located and under direct supervision; or (iv) if the person has
successfully completed a course designed to teach marksmanship and safety with a pistol
or semiautomatic military-style assault weapon and approved by the commissioner of natural
resources;

(2) except as otherwise provided in clause (9), a person who has been convicted of, or
adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in
this state or elsewhere, a crime of violence. For purposes of this section, crime of violence
includes crimes in other states or jurisdictions which would have been crimes of violence
as herein defined if they had been committed in this state;

(3) a person who is or has ever been committed in Minnesota or elsewhere by a judicial
determination that the person is mentally ill, developmentally disabled, or mentally ill and
dangerous to the public, as defined in section 253B.02, to a treatment facility, or who has
ever been found incompetent to stand trial or not guilty by reason of mental illness, unless
the person's ability to possess a firearm and ammunition has been restored under subdivision
4;

(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
gross misdemeanor violation of chapter 152, unless three years have elapsed since the date
of conviction and, during that time, the person has not been convicted of any other such
violation of chapter 152 or a similar law of another state; or a person who is or has ever
been committed by a judicial determination for treatment for the habitual use of a controlled
substance or marijuana, as defined in sections 152.01 and 152.02, unless the person's ability
to possess a firearm and ammunition has been restored under subdivision 4;

(5) a person who has been committed to a treatment facility in Minnesota or elsewhere
by a judicial determination that the person is chemically dependent as defined in section
253B.02, unless the person has completed treatment or the person's ability to possess a
firearm and ammunition has been restored under subdivision 4. Property rights may not be
abated but access may be restricted by the courts;

(6) a peace officer who is informally admitted to a treatment facility pursuant to section
253B.04 for chemical dependency, unless the officer possesses a certificate from the head
of the treatment facility discharging or provisionally discharging the officer from the
treatment facility. Property rights may not be abated but access may be restricted by the
courts;

(7) a person, including a person under the jurisdiction of the juvenile court, who has
been charged with committing a crime of violence and has been placed in a pretrial diversion
program by the court before disposition, until the person has completed the diversion program
and the charge of committing the crime of violence has been dismissed;

(8) except as otherwise provided in clause (9), a person who has been convicted in
another state of committing an offense similar to the offense described in section 609.224,
subdivision 3, against a family or household member or section 609.2242, subdivision 3,
unless three years have elapsed since the date of conviction and, during that time, the person
has not been convicted of any other violation of section 609.224, subdivision 3, or 609.2242,
subdivision 3, or a similar law of another state;

(9) a person who has been convicted in this state or elsewhere of assaulting a family or
household member and who was found by the court to have used a firearm in any way
during commission of the assault is prohibited from possessing any type of firearm or
ammunition for the period determined by the sentencing court;

(10) a person who:

(i) has been convicted in any court of a crime punishable by imprisonment for a term
exceeding one year;

(ii) is a fugitive from justice as a result of having fled from any state to avoid prosecution
for a crime or to avoid giving testimony in any criminal proceeding;

(iii) is an unlawful user of any controlled substance as defined in chapter 152;

(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere as
a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the
public, as defined in section 253B.02;

(v) is an alien who is illegally or unlawfully in the United States;

(vi) has been discharged from the armed forces of the United States under dishonorable
conditions;

(vii) has renounced the person's citizenship having been a citizen of the United States;
or

(viii) is disqualified from possessing a firearm under United States Code, title 18, section
922(g)(8) or (9), as amended through March 1, 2014;

(11) a person who has been convicted of the following offenses at the gross misdemeanor
level, unless three years have elapsed since the date of conviction and, during that time, the
person has not been convicted of any other violation of these sections: section 609.229
(crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults motivated
by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a child);
609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring gun); 609.71
(riot); or 609.749 (harassment or stalking). For purposes of this paragraph, the specified
gross misdemeanor convictions include crimes committed in other states or jurisdictions
which would have been gross misdemeanors if conviction occurred in this state;

(12) a person who has been convicted of a violation of section 609.224 if the court
determined that the assault was against a family or household member in accordance with
section 609.2242, subdivision 3 (domestic assault), unless three years have elapsed since
the date of conviction and, during that time, the person has not been convicted of another
violation of section 609.224 or a violation of a section listed in clause (11); deleted text begin or
deleted text end

(13) a person who is subject to an order for protection as described in section 260C.201,
subdivision 3, paragraph (d), or 518B.01, subdivision 6, paragraph (g) deleted text begin . deleted text end new text begin ; or
new text end

new text begin (14) a person who has been committed to a treatment facility in Minnesota or elsewhere
by a judicial determination that the person is a sexually dangerous person or a person with
a sexual psychopathic personality, unless the person's ability to possess a firearm and
ammunition has been restored under subdivision 4.
new text end

A person who issues a certificate pursuant to this section in good faith is not liable for
damages resulting or arising from the actions or misconduct with a firearm or ammunition
committed by the individual who is the subject of the certificate.

The prohibition in this subdivision relating to the possession of firearms other than
pistols and semiautomatic military-style assault weapons does not apply retroactively to
persons who are prohibited from possessing a pistol or semiautomatic military-style assault
weapon under this subdivision before August 1, 1994.

The lifetime prohibition on possessing, receiving, shipping, or transporting firearms and
ammunition for persons convicted or adjudicated delinquent of a crime of violence in clause
(2), applies only to offenders who are discharged from sentence or court supervision for a
crime of violence on or after August 1, 1993.

For purposes of this section, "judicial determination" means a court proceeding pursuant
to sections 253B.07 to 253B.09 new text begin or chapter 253D, new text end or a comparable law from another state.

Sec. 7.

Minnesota Statutes 2018, section 624.713, subdivision 4, is amended to read:

Subd. 4.

Restoration of firearms and ammunition eligibility to civilly committed
person; petition authorized.

(a) A person who is prohibited from possessing a firearm or
ammunition under subdivision 1, due to commitment resulting from a judicial determination
that the person is mentally ill, developmentally disabled, mentally ill and dangerous, or
chemically dependent, new text begin or is a sexually dangerous person or a person with a sexual
psychopathic personality, new text end may petition a court to restore the person's ability to possess a
firearm or ammunition.

(b) The court may grant the relief sought in paragraph (a) in accordance with the
principles of due process if the circumstances regarding the person's disqualifying condition
and the person's record and reputation are determined to be such that:

(1) the person is not likely to act in a manner that is dangerous to public safety; and

(2) the granting of relief would not be contrary to the public interest.

(c) When determining whether a person has met the requirement of paragraph (b), clause
(1), the court may consider evidence from a licensed medical doctor or clinical psychologist
that the person is no longer suffering from the disease or condition that caused the disability
or that the disease or condition has been successfully treated for a period of three consecutive
years.

(d) Review on appeal shall be de novo.

Sec. 8.

new text begin [624.7134] MANDATORY TRANSFER OF FIREARMS POSSESSED BY
CERTAIN INELIGIBLE PERSONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to persons who are ineligible to possess
firearms under section 260C.201, subdivision 3, paragraph (d); 518B.01, subdivision 6,
paragraph (g); 609.2242, subdivision 3, paragraph (c) or (e); or 609.749, subdivision 8,
paragraph (a) or (c).
new text end

new text begin Subd. 2. new text end

new text begin Mandatory transfers of firearms. new text end

new text begin (a) When a person becomes ineligible to
possess a firearm under a provision described in subdivision 1, the court shall order the
person to transfer any firearms that the person possesses, within three business days, to a
federally licensed firearms dealer, a law enforcement agency, or a third party who may
lawfully receive them. The transfer may be permanent or temporary. A temporary firearm
transfer only entitles the receiving party to possess the firearm. A temporary transfer does
not transfer ownership or title. A person may not transfer firearms to a third party who
resides with the person. If a person makes a temporary transfer, a federally licensed firearms
dealer or law enforcement agency may charge the person a reasonable fee to store the
person's firearms and may establish policies for disposal of abandoned firearms, provided
such policies require that the person be notified via certified mail prior to disposal of
abandoned firearms. For temporary firearms transfers under this paragraph, a law enforcement
agency, federally licensed firearms dealer, or third party shall exercise due care to preserve
the quality and function of the transferred firearms and shall return the transferred firearms
to the person upon request after the expiration of the prohibiting time period, provided the
person is not otherwise prohibited from possessing firearms under state or federal law. The
return of temporarily transferred firearms to a person shall comply with state and federal
law. If a person permanently transfers the person's firearms to a law enforcement agency,
the agency is not required to compensate the person and may charge the person a reasonable
processing fee. A law enforcement agency is not required to accept a person's firearm under
this paragraph. The court shall order that the person surrender all permits to carry and
purchase firearms to the sheriff.
new text end

new text begin (b) A person who is ordered to transfer firearms under paragraph (a) must file proof of
transfer as provided for in this paragraph. If the transfer is made to a third party, the third
party must sign an affidavit under oath before a notary public either acknowledging that
the person permanently transferred the person's firearms to the third party or agreeing to
temporarily store the person's firearms until such time as the person is legally permitted to
possess firearms. The affidavit shall indicate the serial number, make, and model of all
firearms transferred by the person to the third party. The third party shall acknowledge in
the affidavit that the third party may be held criminally and civilly responsible under section
624.7144 if the person gains access to a transferred firearm while the firearm is in the custody
of the third party. If the transfer is to a law enforcement agency or federally licensed firearms
dealer, the law enforcement agency or federally licensed firearms dealer shall provide proof
of transfer to the person. The proof of transfer must specify whether the firearms were
permanently or temporarily transferred and include the name of the person, date of transfer,
and the serial number, make, and model of all transferred firearms. The person shall provide
the court with a signed and notarized affidavit or proof of transfer as described in this section
within two business days of the firearms transfer. The court shall seal affidavits and proofs
of transfer filed pursuant to this paragraph.
new text end

new text begin (c) When a person becomes ineligible to possess a firearm under a provision described
in subdivision 1, the court shall determine by a preponderance of the evidence if the person
poses an imminent risk of causing another person substantial bodily harm. Upon a finding
of imminent risk, the court shall order that the local law enforcement agency take immediate
possession of all firearms in the person's possession. The local law enforcement agency
shall exercise due care to preserve the quality and function of the person's firearms and shall
return the firearms to the person upon request after the expiration of the prohibiting time
period, provided the person is not otherwise prohibited from possessing firearms under state
or federal law. The local law enforcement agency shall, upon written notice from the person,
transfer the firearms to a federally licensed firearms dealer or a third party who may lawfully
receive them. Before a local law enforcement agency transfers a firearm under this paragraph,
the agency shall require the third party or federally licensed firearms dealer receiving the
firearm to submit an affidavit or proof of transfer that complies with the requirements for
affidavits or proofs of transfer established in paragraph (b). The agency shall file all affidavits
or proofs of transfer received with the court within two business days of the transfer. The
court shall seal all affidavits or proofs of transfer filed pursuant to this paragraph. A federally
licensed firearms dealer or third party who accepts a firearm transfer pursuant to this
paragraph shall comply with paragraphs (a) and (b) as if accepting transfer from the person.
If the law enforcement agency does not receive written notice from the person within three
business days, the agency may charge a reasonable fee to store the person's firearms. A law
enforcement agency may establish policies for disposal of abandoned firearms, provided
such policies require that the person be notified via certified mail prior to disposal of
abandoned firearms.
new text end

new text begin (d) The court shall ensure that all firearms have been transferred as required in this
section by scheduling and holding a compliance hearing within ten business days of issuing
an order containing a firearms restriction. If, at the hearing, the court finds that the party is
not in compliance, the court shall take appropriate action under the circumstances, including
but not limited to a contempt proceeding under section 588.01, subdivision 3. The
requirement to hold a compliance hearing under this paragraph does not apply if the party
has already filed the required proofs of transfer or an affidavit declaring that the party does
not own or possess a firearm.
new text end

Sec. 9.

Minnesota Statutes 2018, section 624.714, subdivision 1a, is amended to read:

Subd. 1a.

Permit required; penalty.

A person, other than a peace officer, as defined
in section 626.84, subdivision 1, who carries, holds, or possesses a pistol in a motor vehicle,
snowmobile, or boat, or on or about the person's clothes or the person, or otherwise in
possession or control in a public place, as defined in section 624.7181, subdivision 1,
paragraph (c), without first having obtained a permit to carry the pistol is guilty of a gross
misdemeanor. A person who is convicted a second or subsequent time is guilty of a felony. new text begin
A member of a criminal gang, as defined in section 609.229, subdivision 1, who is convicted
of violating this subdivision is guilty of a felony.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2018, section 624.714, subdivision 3, is amended to read:

Subd. 3.

Form and contents of application.

(a) Applications for permits to carry must
be an official, standardized application form, adopted under section 624.7151, and must set
forth in writing only the following information:

(1) the applicant's name, residence, telephone number, if any, and driver's license number
or state identification card number;

(2) the applicant's sex, date of birth, height, weight, and color of eyes and hair, and
distinguishing physical characteristics, if any;

(3) the township or statutory city or home rule charter city, and county, of all Minnesota
residences of the applicant in the last five years, though not including specific addresses;

(4) the township or city, county, and state of all non-Minnesota residences of the applicant
in the last five years, though not including specific addresses;

(5) a statement that the applicant authorizes the release to the sheriff of commitment
information about the applicant maintained by the commissioner of human services or any
similar agency or department of another state where the applicant has resided, to the extent
that the information relates to the applicant's eligibility to possess a firearm; deleted text begin and
deleted text end

(6) a statement by the applicant that, to the best of the applicant's knowledge and belief,
the applicant is not prohibited by law from possessing a firearm deleted text begin . deleted text end new text begin ; and
new text end

new text begin (7) if the applicant is not a United States citizen, the applicant's country of birth and
alien number or alien admission number.
new text end

(b) The statement under paragraph (a), clause (5), must comply with any applicable
requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect
to consent to disclosure of alcohol or drug abuse patient records.

(c) An applicant must submit to the sheriff an application packet consisting only of the
following items:

(1) a completed application form, signed and dated by the applicant;

(2) an accurate photocopy of the certificate described in subdivision 2a, paragraph (c),
that is submitted as the applicant's evidence of training in the safe use of a pistol; and

(3) an accurate photocopy of the applicant's current driver's license, state identification
card, or the photo page of the applicant's passport.

(d) In addition to the other application materials, a person who is otherwise ineligible
for a permit due to a criminal conviction but who has obtained a pardon or expungement
setting aside the conviction, sealing the conviction, or otherwise restoring applicable rights,
must submit a copy of the relevant order.

(e) Applications must be submitted in person.

(f) The sheriff may charge a new application processing fee in an amount not to exceed
the actual and reasonable direct cost of processing the application or $100, whichever is
less. Of this amount, $10 must be submitted to the commissioner and deposited into the
general fund.

(g) This subdivision prescribes the complete and exclusive set of items an applicant is
required to submit in order to apply for a new or renewal permit to carry. The applicant
must not be asked or required to submit, voluntarily or involuntarily, any information, fees,
or documentation beyond that specifically required by this subdivision. This paragraph does
not apply to alternate training evidence accepted by the sheriff under subdivision 2a,
paragraph (d).

(h) Forms for new and renewal applications must be available at all sheriffs' offices and
the commissioner must make the forms available on the Internet.

(i) Application forms must clearly display a notice that a permit, if granted, is void and
must be immediately returned to the sheriff if the permit holder is or becomes prohibited
by law from possessing a firearm. The notice must list the applicable state criminal offenses
and civil categories that prohibit a person from possessing a firearm.

(j) Upon receipt of an application packet and any required fee, the sheriff must provide
a signed receipt indicating the date of submission.

Sec. 11.

Minnesota Statutes 2018, section 624.714, subdivision 4, is amended to read:

Subd. 4.

Investigation.

(a) The sheriff must check, by means of electronic data transfer,
criminal records, histories, and warrant information on each applicant through the Minnesota
Crime Information System and the National Instant Criminal Background Check System.
new text begin In addition, if the applicant is not a United States citizen, the sheriff must ensure that an
Immigration Alien Query (IAQ) check is performed on the applicant. new text end The sheriff shall also
make a reasonable effort to check other available and relevant federal, state, or local
record-keeping systems. The sheriff must obtain commitment information from the
commissioner of human services as provided in section 245.041 or, if the information is
reasonably available, as provided by a similar statute from another state.

(b) When an application for a permit is filed under this section, the sheriff must notify
the chief of police, if any, of the municipality where the applicant resides. The police chief
may provide the sheriff with any information relevant to the issuance of the permit.

(c) The sheriff must conduct a background check by means of electronic data transfer
on a permit holder through the Minnesota Crime Information System and the National
Instant Criminal Background Check System at least yearly to ensure continuing eligibility.
The sheriff may also conduct additional background checks by means of electronic data
transfer on a permit holder at any time during the period that a permit is in effect.

Sec. 12.

Minnesota Statutes 2018, section 624.7141, is amended to read:

624.7141 TRANSFER TO INELIGIBLE PERSON.

Subdivision 1.

Transfer prohibited.

A person is guilty of a deleted text begin gross misdemeanor who deleted text end new text begin
felony and may be sentenced to imprisonment for not more than two years or to payment
of a fine of not more than $4,000, or both, if the person new text end intentionally transfers a pistol or
semiautomatic military-style assault weapon to another deleted text begin if deleted text end new text begin and new text end the person knows that the
transferee:

(1) has been denied a permit to carry under section 624.714 because the transferee is
not eligible under section 624.713 to possess a pistol or semiautomatic military-style assault
weapon;

(2) has been found ineligible to possess a pistol or semiautomatic military-style assault
weapon by a chief of police or sheriff as a result of an application for a transferee permit
or a transfer report; or

(3) is disqualified under section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon.

Subd. 2.

deleted text begin Felony deleted text end new text begin Aggravated offense new text end .

A deleted text begin violation of this section is a felony deleted text end new text begin person who
violates this section is guilty of a felony and may be sentenced to imprisonment for not
more than five years or to payment of a fine of not more than $10,000, or both, new text end if the
transferee possesses or uses the weapon within one year after the transfer in furtherance of
a felony crime of violence.

Subd. 3.

Subsequent eligibility.

This section is not applicable to a transfer to a person
who became eligible to possess a pistol or semiautomatic military-style assault weapon
under section 624.713 after the transfer occurred but before the transferee used or possessed
the weapon in furtherance of any crime.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2018, section 624.7144, is amended to read:

624.7144 ALLOWING AN INELIGIBLE PERSON ACCESS TO FIREARMS.

A person who accepts a transferred firearm from an abusing party or offender pursuant
to section deleted text begin 260C.201, subdivision 3; 518B.01, subdivision 6; 609.2242, subdivision 3; or
609.749, subdivision 8, deleted text end new text begin 624.7134 new text end is guilty of a gross misdemeanor if the abusing party or
offender obtains possession of the transferred firearm while the person is prohibited from
possessing firearms. It is an affirmative defense to a violation of this section that the third
party who accepted the transferred firearm exercised due care to ensure that the abusing
party or offender could not access the firearm. The third party shall not return the firearm
to the abusing party or offender until the prohibiting time period imposed under section
260C.201, subdivision 3; 518B.01, subdivision 6; 609.2242, subdivision 3; or 609.749,
subdivision 8, has expired and the abusing party or offender presents a current, valid
transferee permit or passes a federal background check through the National Instant Criminal
Background Check System. The third party may rely on a court order describing the length
of the prohibiting time period as conclusive evidence that the prohibiting time period has
expired, unless otherwise notified by the court.

Sec. 14.

Minnesota Statutes 2018, section 626.8452, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Prohibition on disarming local law enforcement officers. new text end

new text begin Unless expressly
authorized under another section of law, a mayor, city council, or county board may not
disarm or direct a chief law enforcement officer to disarm a peace officer who is in good
standing and not currently under investigation or subject to disciplinary action.
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

Sec. 15. new text begin REVISED PERMIT TO CARRY APPLICATION.
new text end

new text begin No later than 60 days after enactment of this act, the commissioner of public safety must
publish and post on the Internet a revised permit to carry application that includes the changes
to the application mandated by section 10 in order to bring the application into compliance
with federal law.
new text end