2006 Minnesota Statutes

624.713 CERTAIN PERSONS NOT TO POSSESS FIREARMS.
    Subdivision 1. Ineligible persons. The following persons shall not be entitled to possess a
pistol or semiautomatic military-style assault weapon or, except for clause (a), any other firearm:
(a) a person under the age of 18 years except that a person under 18 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;
(b) except as otherwise provided in clause (i), 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;
(c) a person who is or has ever been confined 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, 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 possesses a certificate of a medical
doctor or psychiatrist licensed in Minnesota, or other satisfactory proof that the person is no
longer suffering from this disability;
(d) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or gross
misdemeanor violation of chapter 152, or a person who is or has ever been hospitalized or
committed for treatment for the habitual use of a controlled substance or marijuana, as defined
in sections 152.01 and 152.02, unless the person possesses a certificate of a medical doctor or
psychiatrist licensed in Minnesota, or other satisfactory proof, that the person has not abused a
controlled substance or marijuana during the previous two years;
(e) a person who has been confined or committed to a treatment facility in Minnesota
or elsewhere as chemically dependent as defined in section 253B.02, unless the person has
completed treatment. Property rights may not be abated but access may be restricted by the courts;
(f) 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;
(g) 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;
(h) except as otherwise provided in clause (i), 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;
(i) 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 for the period
determined by the sentencing court;
(j) a person who:
(1) has been convicted in any court of a crime punishable by imprisonment for a term
exceeding one year;
(2) 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;
(3) is an unlawful user of any controlled substance as defined in chapter 152;
(4) 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;
(5) is an alien who is illegally or unlawfully in the United States;
(6) has been discharged from the armed forces of the United States under dishonorable
conditions; or
(7) has renounced the person's citizenship having been a citizen of the United States; or
(k) 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 and
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.
A person who issues a certificate pursuant to this subdivision in good faith is not liable for
damages resulting or arising from the actions or misconduct with a firearm 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 for
persons convicted or adjudicated delinquent of a crime of violence in clause (b), applies only
to offenders who are discharged from sentence or court supervision for a crime of violence
on or after August 1, 1993.
    Subd. 1a. Ineligible to receive, ship, transport. A person presently charged with a crime
punishable by imprisonment for a term exceeding one year shall not be entitled to receive,
ship, or transport any pistol or semiautomatic military-style assault weapon. A violation of this
subdivision is a gross misdemeanor.
    Subd. 2. Penalties. (a) A person named in subdivision 1, clause (a), who possesses a pistol
or semiautomatic military-style assault weapon 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.
(b) A person named in subdivision 1, clause (b), who possesses any type of firearm is guilty
of a felony and may be sentenced to imprisonment for not more than 15 years or to payment of
a fine of not more than $30,000, or both. This paragraph does not apply to any person who has
received a relief of disability under United States Code, title 18, section 925, or whose ability to
possess firearms has been restored under section 609.165, subdivision 1d.
(c) A person named in any other clause of subdivision 1 who possesses any type of firearm
is guilty of a gross misdemeanor.
    Subd. 3. Notice. (a) When a person is convicted of, or adjudicated delinquent or convicted
as an extended jurisdiction juvenile for committing, 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 or semiautomatic military-style assault weapon for the remainder of the
person's lifetime, 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 or
semiautomatic military-style assault weapon possession prohibition or the felony penalty to
that defendant.
(b) When a person, including a person under the jurisdiction of the juvenile court, is charged
with committing a crime of violence and is placed in a pretrial diversion program by the court
before disposition, the court shall inform the defendant that: (1) the defendant is prohibited from
possessing a pistol or semiautomatic military-style assault weapon until the person has completed
the diversion program and the charge of committing a crime of violence has been dismissed; (2) it
is a gross misdemeanor offense to violate this prohibition; and (3) if the defendant violates this
condition of participation in the diversion program, the charge of committing a crime of violence
may be prosecuted. The failure of the court to provide this information to a defendant does not
affect the applicability of the pistol or semiautomatic military-style assault weapon possession
prohibition or the gross misdemeanor penalty to that defendant.
History: 1975 c 378 s 3; 1983 c 269 s 2; 1Sp1985 c 9 art 2 s 98; 1986 c 444; 1991 c 279
s 36; 1992 c 537 s 3; 1993 c 326 art 1 s 27; 1993 c 366 s 11; 1994 c 576 s 55,56; 1994 c 636
art 3 s 27,28; 1995 c 259 art 3 s 21; 1996 c 408 art 4 s 15; 2002 c 221 s 48; 2003 c 28 art 3 s
8-10; 2005 c 56 s 1; 2005 c 83 s 1