Tougher penalties for firearm straw purchases pass House overnight

A straw purchase occurs when an individual buys a firearm for someone ineligible to purchase or possess it.

Rep. Kaela Berg (DFL-Burnsville) sponsors a bill that would increase the penalty for that action, making the crime a felony. It is currently a gross misdemeanor.

Berg and supporters have said they hope HF2609 will prevent tragedies such as the Feb. 18 shooting in Burnsville, when a man killed three local first responders arriving at a domestic abuse call. The killer was legally prevented from possessing firearms, but the two AR-15-style firearms he used were allegedly obtained from straw purchases made by his girlfriend.

The House passed the bill by a 71-59 vote early Friday. It now goes to the Senate.

“This common-sense legislation is an important step in keeping guns out of the hands of people who want to harm themselves or others, and to help protect our first responders,” Berg said in a statement.

In addition to the upgraded penalty, the bill would expand current law prohibiting straw gun purchases of pistols or semi-automatic military-style assault weapons and have it apply to any type of firearm.

An aggravated violation — using an illegally transferred weapon within one year in a felony crime of violence — would be a felony punishable by up to five years imprisonment and up to a $20,000 fine under the bill.

Proposed ban on binary triggers

Since last year, trigger activators have been illegal under state law. This bill would add to the ban binary trigger devices that allow a semiautomatic gun to fire more than one shot with a single pull and release of a trigger.

“There is no use for a binary trigger,” said House Majority Leader Jamie Long (DFL-Mpls).

Several Republicans expressed their support for strengthening penalties on straw gun purchases but said the provision banning binary devices raised Second Amendment issues and are a poison pill in an otherwise good bill.

Rep. Paul Novotny (R-Elk River) unsuccessfully offered an amendment to delete the binary trigger provisions. It was defeated 67-65, largely along party lines.

Public safety personnel

Rep. Jeff Witte (R-Lakeville) successfully offered an amendment to Novotny’s amendment that would impose a sentence of up to 10 years in prison and a $40,000 fine if the transferee “possesses or uses the weapon in furtherance of an assault of a public safety officer or any other offense that causes bodily harm to a public safety officer.”

“Straw buyers should face the consequences of their action,” Witte said.

Rep. Kelly Moller (DFL-Shoreview) chairs the House Public Safety Finance and Policy Committee and voted for the amendment, which was approved 113-19. But because it was added to the binary trigger language she voted against the underlying amendment.

“I really wish you would have done this as a separate amendment,” she said.