1.1.................... moves to amend H.F. No. 237 as follows:
1.2Delete everything after the enacting clause and insert:
1.4FIREARM BACKGROUND CHECKS AND TRANSFERS
1.5 Section 1. Minnesota Statutes 2012, section 624.7131, subdivision 1, is amended to read:
1.6 Subdivision 1.
Information. (a) Any person may apply for a transferee permit by
1.7providing the following information in writing to the chief of police of an organized full
1.8time police department of the municipality in which the person resides or to the county
1.9sheriff if there is no such local chief of police:
1.10(1) the name, residence, telephone number, and driver's license number or
1.11nonqualification certificate number, if any, of the proposed transferee;
1.12(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing
1.13physical characteristics, if any, of the proposed transferee;
1.14(3) a statement that the proposed transferee authorizes the release to the local police
1.15authority of commitment information about the proposed transferee maintained by the
1.16commissioner of human services, to the extent that the information relates to the proposed
1.17transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon
1.18under section
624.713, subdivision 1; and
1.19(4) a statement by the proposed transferee that the proposed transferee is not
1.20prohibited by
section
624.713 state or federal law from possessing a pistol or semiautomatic
1.21military-style assault weapon
and has not been denied a permit under subdivision 5,
1.22paragraph (b), or section 624.7132, subdivision 5, paragraph (b), within the past six months.
1.23(b) In addition to the requirements described in paragraph (a), the proposed
1.24transferee shall submit an accurate photocopy of the person's current driver's license, state
1.25identification card, or the photo page of the person's passport.
2.1(c) The statements shall be signed and dated by the person applying for a permit. At
2.2the time of application, the local police authority shall provide the applicant with a dated
2.3receipt for the application. The statement under
paragraph (a), clause (3)
, must comply
2.4with any applicable requirements of Code of Federal Regulations, title 42, sections
2.31 to
2.52.35
, with respect to consent to disclosure of alcohol or drug abuse patient records.
2.6 Sec. 2. Minnesota Statutes 2012, section 624.7131, subdivision 4, is amended to read:
2.7 Subd. 4.
Grounds for disqualification. A determination by (a) The chief of
2.8police or sheriff
that shall refuse to grant a transferee permit if the applicant is prohibited
2.9by
section
624.713 state or federal law from possessing a pistol or semiautomatic
2.10military-style assault weapon
shall be the only basis for refusal to grant a transferee permit
2.11 or is determined to be a danger to self or others under paragraph (b).
2.12(b) A chief or sheriff shall refuse to grant a permit to a person who is a danger to self
2.13or others. The decision of the chief or sheriff must be based on documented past contact
2.14with law enforcement. A notice of disqualification issued pursuant to this paragraph must
2.15describe and document the specific police contact or contacts relied upon to deny the permit.
2.16(c) A person is not eligible to submit a permit application under this section if the
2.17person has had an application denied pursuant to paragraph (b) and less than six months
2.18have elapsed since the denial was issued or the person's appeal under subdivision 8 was
2.19denied, whichever is later.
2.20(d) A chief of police or sheriff who denies a permit application pursuant to paragraph
2.21(b) must provide a copy of the notice of disqualification to the chief of police or sheriff
2.22with joint-jurisdiction over the proposed transferee's residence.
2.23 Sec. 3. Minnesota Statutes 2012, section 624.7131, subdivision 5, is amended to read:
2.24 Subd. 5.
Granting of permits. (a) Except as provided in paragraph (b), the chief
2.25of police or sheriff shall issue a transferee permit or deny the application within seven
2.26days of application for the permit. The chief of police or sheriff shall provide an applicant
2.27with written notification of a denial and the specific reason for the denial. The permits and
2.28their renewal shall be granted
free of charge for a fee set by the chief of police or sheriff
2.29in an amount not to exceed $25.
2.30(b) If a chief of police or sheriff is unable to verify a proposed transferee's identity or
2.31criminal record within the seven-business-day requirement described in paragraph (a),
2.32the chief of police or sheriff may require the transferee to appear in person to present a
2.33current driver's license, state identification card, or passport, and, if deemed necessary, to
3.1be fingerprinted. If this occurs, the chief of police or sheriff shall notify the transferor of
3.2this in writing, and the seven-business-day requirement is extended to 30 days.
3.3 Sec. 4. Minnesota Statutes 2012, section 624.7131, subdivision 7, is amended to read:
3.4 Subd. 7.
Permit voided. The transferee permit shall be void at the time that the
3.5holder becomes prohibited from possessing a pistol under
section
624.713 state or federal
3.6law, in which event the holder shall return the permit within five days to the issuing
3.7authority. Failure of the holder to return the permit within the five days is a misdemeanor
3.8unless the court finds that the circumstances or the physical or mental condition of the
3.9permit holder prevented the holder from complying with the return requirement.
3.10 Sec. 5. Minnesota Statutes 2012, section 624.7132, subdivision 1, is amended to read:
3.11 Subdivision 1.
Required information. (a) Except as provided in this section
3.12and section
624.7131, every person who agrees to transfer a pistol or semiautomatic
3.13military-style assault weapon shall report the following information in writing to the
3.14chief of police of the organized full-time police department of the municipality where the
3.15proposed transferee resides or to the appropriate county sheriff if there is no such local
3.16chief of police:
3.17(1) the name, residence, telephone number, and driver's license number or
3.18nonqualification certificate number, if any, of the proposed transferee;
3.19(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing
3.20physical characteristics, if any, of the proposed transferee;
3.21(3) a statement that the proposed transferee authorizes the release to the local police
3.22authority of commitment information about the proposed transferee maintained by the
3.23commissioner of human services, to the extent that the information relates to the proposed
3.24transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon
3.25under section
624.713, subdivision 1;
3.26(4) a statement by the proposed transferee that the transferee is not prohibited by
3.27section
624.713 state or federal law from possessing a pistol or semiautomatic military-style
3.28assault weapon
and that the person has not had a permit denied under subdivision 5,
3.29paragraph (b), or section 624.7131, subdivision 4, paragraph (b), in the past six months; and
3.30(5) the address of the place of business of the transferor.
3.31(b) In addition to the requirements described in paragraph (a), the proposed
3.32transferee shall submit an accurate photocopy of the person's current driver's license, state
3.33identification card, or the photo page of the person's passport.
4.1(c) The report shall be signed and dated by the transferor and the proposed transferee.
4.2The report shall be delivered by the transferor to the chief of police or sheriff no later
4.3than three days after the date of the agreement to transfer, excluding weekends and legal
4.4holidays. The statement under
paragraph (a), clause (3)
, must comply with any applicable
4.5requirements of Code of Federal Regulations, title 42, sections
2.31 to
2.35, with respect
4.6to consent to disclosure of alcohol or drug abuse patient records.
4.7 Sec. 6. Minnesota Statutes 2012, section 624.7132, subdivision 3, is amended to read:
4.8 Subd. 3.
Notification. The chief of police or sheriff shall notify the transferor and
4.9proposed transferee in writing as soon as possible if the chief or sheriff determines that the
4.10proposed transferee is prohibited by
section
624.713 state or federal law from possessing a
4.11pistol or semiautomatic military-style assault weapon
or is determined to be a danger to
4.12self or others under subdivision 5, paragraph (b). The notification to the transferee shall
4.13specify the grounds for the disqualification of the proposed transferee and shall set forth in
4.14detail the transferee's right of appeal under subdivision 13.
4.15 Sec. 7. Minnesota Statutes 2012, section 624.7132, subdivision 4, is amended to read:
4.16 Subd. 4.
Delivery. (a) Except as otherwise provided in
this subdivision
7 or
4.17 subdivision 8, no person shall deliver a pistol or semiautomatic military-style assault
4.18weapon to a proposed transferee until
five seven business days after the date the
4.19agreement to transfer is delivered to a chief of police or sheriff in accordance with
4.20subdivision 1 unless the chief of police or sheriff waives all or a portion of the
seven-day
4.21 seven-business-day waiting period. The chief of police or sheriff may waive all or a
4.22portion of the
five business day seven-business-day waiting period in writing if the chief
4.23of police or sheriff finds that the transferee requires access to a pistol or semiautomatic
4.24military-style assault weapon because of a threat to the life of the transferee or of any
4.25member of the household of the transferee.
4.26(b) If a chief of police or sheriff is unable to verify a proposed transferee's identity or
4.27criminal record within the seven-business-day requirement described in paragraph (a),
4.28the chief of police or sheriff may require the transferee to appear in person to present a
4.29current driver's license, state identification card, or passport, and, if deemed necessary, to
4.30be fingerprinted. If this occurs, the chief of police or sheriff shall notify the transferor of
4.31this in writing, and the seven-business-day requirement is extended to 30 days.
4.32(c) No person shall deliver a pistol or semiautomatic military-style assault weapon
4.33to a proposed transferee after receiving a written notification that the chief of police or
5.1sheriff has determined that the proposed transferee is prohibited by
section
624.713 state
5.2or federal law from possessing a pistol or semiautomatic military-style assault weapon.
5.3(d) If the transferor makes a report of transfer and receives no written notification
5.4of disqualification of the proposed transferee
and no written notification as described
5.5in paragraph (b) within
five seven business days after delivery of the agreement to
5.6transfer, the pistol or semiautomatic military-style assault weapon may be delivered to
5.7the transferee.
If the transferor receives the written notification described in paragraph
5.8(b), the seven-business-day period is extended to 30 days.
5.9 Sec. 8. Minnesota Statutes 2012, section 624.7132, subdivision 5, is amended to read:
5.10 Subd. 5.
Grounds for disqualification. A determination by (a) The chief of police
5.11or sheriff
that shall deny an application if the proposed transferee is prohibited by
section
5.12624.713 state or federal law from possessing a pistol or semiautomatic military-style
5.13assault weapon
shall be the sole basis for a notification of disqualification under this
5.14section or is determined to be a danger to self or others under paragraph (b).
5.15(b) A chief or sheriff shall deny a permit to a person who is a danger to self or others.
5.16The decision of the chief or sheriff must be based on documented past contact with law
5.17enforcement. A notice of disqualification issued pursuant to this paragraph must describe
5.18and document the specific police contact or contacts relied upon to deny the permit.
5.19(c) A person is not eligible to submit a permit application under this section if the
5.20person has had an application denied pursuant to paragraph (b) and less than six months
5.21have elapsed since the denial was issued or the person's appeal under subdivision 13
5.22was denied, whichever is later.
5.23(d) A chief of police or sheriff who denies a permit application pursuant to paragraph
5.24(b) must provide a copy of the notice of disqualification to the chief of police or sheriff
5.25with joint-jurisdiction over the applicant's residence.
5.26 Sec. 9. Minnesota Statutes 2012, section 624.7132, subdivision 6, is amended to read:
5.27 Subd. 6.
Transferee permit. If a chief of police or sheriff determines that a
5.28transferee is not a person prohibited by
section
624.713 state or federal law from
5.29possessing a pistol or semiautomatic military-style assault weapon
and is not a danger to
5.30self or others, the transferee may, within 30 days after the determination, apply to that
5.31chief of police or sheriff for a transferee permit, and the permit shall be issued.
5.32 Sec. 10. Minnesota Statutes 2012, section 624.7132, is amended by adding a
5.33subdivision to read:
6.1 Subd. 7a. Transfer by or to licensed dealers only. (a) No person shall transfer
6.2a pistol or semiautomatic military-style assault weapon unless the transferor or the
6.3transferee is a federally licensed firearms dealer. Where neither party to a prospective
6.4pistol or semiautomatic military-style assault weapon transfer is a federally licensed
6.5firearms dealer, the parties shall complete the transfer through a federally licensed firearms
6.6dealer as follows:
6.7(1) the transferor shall deliver the pistol or semiautomatic military-style assault
6.8weapon and a valid transferee permit or report of transfer to a federally licensed firearms
6.9dealer, who shall retain possession of that pistol or semiautomatic military-style assault
6.10weapon until the transaction is completed or as provided in clause (3);
6.11(2) the federally licensed dealer shall comply with this section and federal law as
6.12if the dealer had agreed to directly transfer the pistol or semiautomatic military-style
6.13assault weapon to the proposed transferee;
6.14(3) if the dealer cannot legally deliver the pistol or semiautomatic military-style
6.15assault weapon to the proposed transferee or otherwise chooses not to complete the
6.16transaction, the dealer shall conduct a background check in accordance with federal law
6.17and file a report of transfer to transfer the pistol or semiautomatic military-style assault
6.18weapon back to the original transferor. If the original transferor is prohibited by any state
6.19or federal law from possessing a pistol or semiautomatic military-style assault weapon, the
6.20dealer shall transfer the firearm to the chief of police or sheriff within 24 hours;
6.21(4) a dealer who denies transfer of a pistol or semiautomatic military-style assault
6.22weapon shall immediately report the identity of the proposed transferee, and the date,
6.23time, and place of the attempted transfer to the local law enforcement agency where
6.24the dealer is located; and
6.25(5) the dealer may require the proposed transferee to pay a fee of no more than $25
6.26when assisting with a transfer under this subdivision.
6.27(b) For purposes of this section and section 624.7131, an auctioneer who is licensed
6.28and bonded in accordance with section 330.01 who, while acting in the person's role as
6.29an auctioneer, facilitates the sale of a pistol or a semiautomatic military-style assault
6.30weapon, is neither the transferor nor transferee in the sale of the firearm, provided that the
6.31auctioneer does not transfer physical possession of the firearm to the buyer or buyer's agent
6.32or assignee at any time preceding, during, or following the auction other than temporarily
6.33prior to the auctioning of the firearm for the purpose of enabling the prospective buyer to
6.34inspect the characteristics and quality of the firearm. Upon completion of the auctioning
6.35of the firearm, the auctioneer or the auctioneer's agent must physically return the firearm
6.36to the possession of the person who owns the firearm and who is the prospective transferor
7.1of the firearm, or to that person's agent in the auction. The owner who is the prospective
7.2transferor, and the prospective transferee who has agreed in the auction to purchase the
7.3firearm, must then comply in full with the terms of paragraph (a), if applicable, and with
7.4the provisions of this chapter, chapter 609, and any other state or federal law, to complete
7.5the transfer of the firearm.
7.6 Sec. 11. Minnesota Statutes 2012, section 624.7132, subdivision 8, is amended to read:
7.7 Subd. 8.
Report not required. If the proposed transferee presents a valid transferee
7.8permit issued under section
624.7131 or a valid permit to carry issued
within the 12
7.9months immediately preceding the transfer under section
624.714, the transferor need
7.10not file a transfer report.
7.11 Sec. 12. Minnesota Statutes 2012, section 624.7132, subdivision 12, is amended to read:
7.12 Subd. 12.
Exclusions. (a) For purposes of this subdivision, "relative" means a
7.13spouse, parent, stepparent, child, stepchild, brother, sister, aunt, uncle, grandparent, or
7.14grandchild by blood or marriage.
7.15Except as otherwise provided in section
609.66, subdivision 1f, (b) This section shall
7.16not apply to
transfers of antique firearms as curiosities or for their historical significance
7.17or value, transfers to or between federally licensed firearms dealers, transfers by order of
7.18court, involuntary transfers, transfers at death or the following transfers:
7.19(1) a transfer by a person
other than a federally licensed firearms dealer to a relative
7.20who is not ineligible to possess a firearm under state or federal law;
7.21(2) a loan to a prospective transferee if the loan is intended for a period of no more
7.22than one day;
7.23(3) the delivery of a pistol or semiautomatic military-style assault weapon to a
7.24person for the purpose of repair, reconditioning or remodeling;
7.25(4) a loan by a teacher to a student in a course designed to teach marksmanship or
7.26safety with a pistol and approved by the commissioner of natural resources;
7.27(5) a loan between persons at a firearms collectors exhibition;
7.28(6) a loan between persons lawfully engaged in hunting or target shooting if the loan
7.29is intended for a period of no more than 12 hours;
7.30(7) a loan between law enforcement officers who have the power to make arrests
7.31other than citizen arrests; and
7.32(8) a loan between employees or between the employer and an employee in a
7.33business if the employee is required to carry a pistol or semiautomatic military-style assault
7.34weapon by reason of employment and is the holder of a valid permit to carry a pistol.
8.1 Sec. 13. Minnesota Statutes 2012, section 624.7132, subdivision 13, is amended to read:
8.2 Subd. 13.
Appeal. A person aggrieved by the determination of a chief of police
8.3or sheriff
that the person is prohibited by section
624.713 from possessing a pistol
8.4or semiautomatic military-style assault weapon under subdivision 5 may appeal the
8.5determination as provided in this subdivision. The district court shall have jurisdiction of
8.6proceedings under this subdivision.
8.7On review pursuant to this subdivision, the court shall be limited to a determination
8.8of whether the proposed transferee is a person prohibited from possessing a pistol or
8.9semiautomatic military-style assault weapon by section
624.713.
8.11PERSONS INELIGIBLE TO POSSESS FIREARMS
8.12 Section 1. Minnesota Statutes 2012, section 609.165, subdivision 1a, is amended to read:
8.13 Subd. 1a.
Certain convicted felons ineligible to possess firearms. The order of
8.14discharge must provide that a person who has been convicted of a crime of violence, as
8.15defined in section
624.712, subdivision 5,
or a violation of section 609.505, subdivision
8.163, or 624.7141, is not entitled to ship, transport, possess, or receive a firearm for the
8.17remainder of the person's lifetime. Any person who has received such a discharge and
8.18who thereafter has received a relief of disability under United States Code, title 18, section
8.19925, or whose ability to possess firearms has been restored under subdivision 1d, shall not
8.20be subject to the restrictions of this subdivision.
8.21EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
8.22committed on or after that date.
8.23 Sec. 2. Minnesota Statutes 2012, section 609.505, is amended by adding a subdivision
8.24to read:
8.25 Subd. 3. Lost or stolen firearms; false reporting. (a) As used in this section,
8.26"crime of violence" has the meaning given in section 624.712, subdivision 5.
8.27(b) Whoever informs a law enforcement officer that a firearm has been lost or stolen,
8.28knowing that the report is false, is guilty of a gross misdemeanor.
8.29(c) A person is guilty of a felony and may be sentenced to imprisonment for not more
8.30than five years, or to payment of a fine of not more than $10,000, or both, if the person:
8.31(1) is convicted a second or subsequent time of violating this subdivision; or
8.32(2) violates paragraph (b) while knowing, or having reason to believe, that the
8.33firearm has been transferred to someone who intends to use it in furtherance of a felony
8.34crime of violence.
9.1EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
9.2committed on or after that date.
9.3 Sec. 3. Minnesota Statutes 2012, section 624.712, subdivision 5, is amended to read:
9.4 Subd. 5.
Crime of violence. "Crime of violence" means: felony convictions of
9.5the following offenses: sections
609.185 (murder in the first degree);
609.19 (murder
9.6in the second degree);
609.195 (murder in the third degree);
609.20 (manslaughter in
9.7the first degree);
609.205 (manslaughter in the second degree);
609.215 (aiding suicide
9.8and aiding attempted suicide);
609.221 (assault in the first degree);
609.222 (assault
9.9in the second degree);
609.223 (assault in the third degree);
609.2231 (assault in the
9.10fourth degree);
609.224, subdivision 4 (felony assault in the fifth degree); 609.2242,
9.11subdivision 4 (felony domestic assault); 609.2247 (domestic assault by strangulation);
9.12
609.229 (crimes committed for the benefit of a gang);
609.235 (use of drugs to injure
9.13or facilitate crime);
609.24 (simple robbery);
609.245 (aggravated robbery);
609.25
9.14(kidnapping);
609.255 (false imprisonment);
609.322 (solicitation, inducement, and
9.15promotion of prostitution; sex trafficking);
609.342 (criminal sexual conduct in the first
9.16degree);
609.343 (criminal sexual conduct in the second degree);
609.344 (criminal sexual
9.17conduct in the third degree);
609.345 (criminal sexual conduct in the fourth degree);
9.18609.377
(malicious punishment of a child);
609.378 (neglect or endangerment of a child);
9.19609.486
(commission of crime while wearing or possessing a bullet-resistant vest);
9.20609.52
(involving theft of a firearm, theft involving the intentional taking or driving of a
9.21motor vehicle without the consent of the owner or authorized agent of the owner, theft
9.22involving the taking of property from a burning, abandoned, or vacant building, or from
9.23an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle,
9.24and theft involving the theft of a controlled substance, an explosive, or an incendiary
9.25device);
609.561 (arson in the first degree);
609.562 (arson in the second degree);
609.582,
9.26subdivision 1
, 2, or 3 (burglary in the first through third degrees);
609.66, subdivision 1e
9.27(drive-by shooting);
609.67 (unlawfully owning, possessing, operating a machine gun or
9.28short-barreled shotgun);
609.71 (riot);
609.713 (terroristic threats);
609.749 (stalking);
9.29609.855, subdivision 5
(shooting at a public transit vehicle or facility);
and a second
9.30or subsequent conviction, adjudication of delinquency, or conviction as an extended
9.31jurisdiction juvenile for violating section 624.713, subdivision 1, clause (1) (certain
9.32persons not to possess firearms, ineligible persons, juveniles); and chapter 152 (drugs,
9.33controlled substances); and an attempt to commit any of these offenses.
10.1 Sec. 4. Minnesota Statutes 2012, section 624.712, is amended by adding a subdivision
10.2to read:
10.3 Subd. 12. Ammunition. "Ammunition" means ammunition or cartridge cases,
10.4primers, bullets, or propellent powder designed for use in any firearm.
10.5 Sec. 5. Minnesota Statutes 2012, section 624.713, subdivision 1, is amended to read:
10.6 Subdivision 1.
Ineligible persons. The following persons shall not be entitled to
10.7possess
ammunition or a pistol or semiautomatic military-style assault weapon or, except
10.8for clause (1), any other firearm:
10.9(1) a person under the age of 18 years except that a person under 18
may possess
10.10ammunition designed for use in a firearm that the person may lawfully possess and may
10.11carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual
10.12presence or under the direct supervision of the person's parent or guardian, (ii) for the
10.13purpose of military drill under the auspices of a legally recognized military organization
10.14and under competent supervision, (iii) for the purpose of instruction, competition, or target
10.15practice on a firing range approved by the chief of police or county sheriff in whose
10.16jurisdiction the range is located and under direct supervision; or (iv) if the person has
10.17successfully completed a course designed to teach marksmanship and safety with a pistol
10.18or semiautomatic military-style assault weapon and approved by the commissioner of
10.19natural resources;
10.20(2) except as otherwise provided in clause (9), a person who has been convicted of,
10.21or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing,
10.22in this state or elsewhere, a crime of violence. For purposes of this section, crime of
10.23violence includes crimes in other states or jurisdictions which would have been crimes of
10.24violence as herein defined if they had been committed in this state;
10.25(3) a person who is or has ever been
ordered committed in Minnesota or elsewhere
10.26by a judicial determination that the person is mentally ill, developmentally disabled, or
10.27mentally ill and dangerous to the public, as defined in section
253B.02, to a treatment
10.28facility,
whether or not the order was stayed, or who has ever been found incompetent to
10.29stand trial or not guilty by reason of mental illness, unless the person's ability to possess a
10.30firearm has been restored under subdivision 4;
10.31(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
10.32gross misdemeanor violation of chapter 152, unless three years have elapsed since the
10.33date of conviction and, during that time, the person has not been convicted of any other
10.34such violation of chapter 152 or a similar law of another state; or a person who is or has
10.35ever been committed by a judicial determination for treatment for the habitual use of a
11.1controlled substance or marijuana, as defined in sections
152.01 and
152.02, unless the
11.2person's ability to possess a firearm has been restored under subdivision 4;
11.3(5) a person who
is or has
ever been committed to a treatment facility in Minnesota
11.4or elsewhere by a judicial determination that the person is chemically dependent as defined
11.5in section
253B.02, unless the person has completed treatment or the person's ability to
11.6possess a firearm has been restored under subdivision 4. Property rights may not be abated
11.7but access may be restricted by the courts;
11.8(6) a peace officer who is informally admitted to a treatment facility pursuant to
11.9section
253B.04 for chemical dependency, unless the officer possesses a certificate from
11.10the head of the treatment facility discharging or provisionally discharging the officer from
11.11the treatment facility. Property rights may not be abated but access may be restricted
11.12by the courts;
11.13(7) a person, including a person under the jurisdiction of the juvenile court, who
11.14has been charged with committing a crime of violence and has been placed in a pretrial
11.15diversion program by the court before disposition, until the person has completed the
11.16diversion program and the charge of committing the crime of violence has been dismissed;
11.17(8) except as otherwise provided in clause (9), a person who has been convicted in
11.18another state of committing an offense similar to the offense described in section
609.224,
11.19subdivision 3
, against a family or household member or section
609.2242, subdivision
11.203
, unless three years have elapsed since the date of conviction and, during that time, the
11.21person has not been convicted of any other violation of section
609.224, subdivision 3, or
11.22609.2242, subdivision 3
, or a similar law of another state;
11.23(9) a person who has been convicted in this state or elsewhere of assaulting a family
11.24or household member and who was found by the court to have used a firearm in any way
11.25during commission of the assault is prohibited from possessing any type of firearm for the
11.26period determined by the sentencing court;
11.27(10) a person who:
11.28(i) has been convicted in any court of a crime punishable by imprisonment for a
11.29term exceeding one year;
11.30(ii) is a fugitive from justice as a result of having fled from any state to avoid
11.31prosecution for a crime or to avoid giving testimony in any criminal proceeding;
11.32(iii) is an unlawful user of any controlled substance as defined in chapter 152;
11.33(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
11.34as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
11.35the public, as defined in section
253B.02;
11.36(v) is an alien who is illegally or unlawfully in the United States;
12.1(vi) has been discharged from the armed forces of the United States under
12.2dishonorable conditions; or
12.3(vii) has renounced the person's citizenship having been a citizen of the United States;
12.4(11) a person who has been convicted of violating section 609.505, subdivision 3
12.5(lost or stolen firearms; false reporting), or 624.7141 (transfer of firearm to an ineligible
12.6person); or
12.7(11) (12) a person who has been convicted of the following offenses at the gross
12.8misdemeanor level, unless three years have elapsed since the date of conviction and, during
12.9that time, the person has not been convicted of any other violation of these sections: section
12.10609.229
(crimes committed for the benefit of a gang);
609.2231, subdivision 4 (assaults
12.11motivated by bias);
609.255 (false imprisonment);
609.378 (neglect or endangerment of a
12.12child);
609.582, subdivision 4 (burglary in the fourth degree);
609.665 (setting a spring
12.13gun);
609.71 (riot); or
609.749 (stalking). For purposes of this paragraph, the specified
12.14gross misdemeanor convictions include crimes committed in other states or jurisdictions
12.15which would have been gross misdemeanors if conviction occurred in this state.
12.16A person who issues a certificate pursuant to this section in good faith is not liable
12.17for damages resulting or arising from the actions or misconduct with a firearm committed
12.18by the individual who is the subject of the certificate.
12.19The prohibition in this subdivision relating to the possession of firearms other than
12.20pistols and semiautomatic military-style assault weapons does not apply retroactively
12.21to persons who are prohibited from possessing a pistol or semiautomatic military-style
12.22assault weapon under this subdivision before August 1, 1994.
12.23The lifetime prohibition on possessing, receiving, shipping, or transporting firearms
12.24for persons convicted or adjudicated delinquent of a crime of violence in clause (2),
12.25applies only to offenders who are discharged from sentence or court supervision for a
12.26crime of violence on or after August 1, 1993.
12.27For purposes of this section, "judicial determination" means a court proceeding
12.28pursuant to sections
253B.07 to
253B.09 or a comparable law from another state.
12.29EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
12.30committed on or after that date.
12.31 Sec. 6. Minnesota Statutes 2012, section 624.713, is amended by adding a subdivision
12.32to read:
12.33 Subd. 5. Aiding and abetting. A person is criminally liable for a violation
12.34committed by another under this section if the person aids or abets the violation within
12.35the meaning of section 609.05.
13.1 Sec. 7. Minnesota Statutes 2012, section 624.7132, subdivision 15, is amended to read:
13.2 Subd. 15.
Penalties. (a) Except as otherwise provided in paragraph (b), a person
13.3who does any of the following is guilty of a gross misdemeanor:
13.4(1) transfers a pistol or semiautomatic military-style assault weapon in violation
13.5of subdivisions 1 to 13;
13.6(2) transfers a pistol or semiautomatic military-style assault weapon to a person who
13.7has made a false statement in order to become a transferee, if the transferor knows or has
13.8reason to know the transferee has made the false statement;
13.9(3) knowingly becomes a transferee in violation of subdivisions 1 to 13; or
13.10(4) makes a false statement in order to become a transferee of a pistol or
13.11semiautomatic military-style assault weapon knowing or having reason to know the
13.12statement is false.
13.13(b) A person who does
either any of the following is guilty of a felony:
13.14(1) transfers a pistol or semiautomatic military-style assault weapon to a person
13.15under the age of 18 in violation of subdivisions 1 to 13;
or
13.16(2) transfers a pistol or semiautomatic military-style assault weapon to a person
13.17under the age of 18 who has made a false statement in order to become a transferee, if the
13.18transferor knows or has reason to know the transferee has made the false statement
;
13.19(3) transfers a pistol or a semiautomatic military-style assault weapon to another in
13.20violation of this section if: (i) the person knows or has reason to know that the transferee is
13.21prohibited under state or federal law from possessing a firearm; and (ii) the transferee uses
13.22the weapon within one year after the transfer in furtherance of a felony crime of violence; or
13.23(4) violates paragraph (a), clause (1) or (3), after having been previously convicted
13.24or adjudicated delinquent for a violation of this section or section 624.7131.
13.25EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
13.26committed on or after that date.
13.27 Sec. 8. Minnesota Statutes 2012, section 624.7141, subdivision 1, is amended to read:
13.28 Subdivision 1.
Transfer prohibited. A person is guilty of a gross misdemeanor who
13.29intentionally transfers a pistol or semiautomatic military-style assault weapon to another if
13.30the person knows
, or has reason to believe, that the transferee:
13.31(1) has been denied a permit to carry under section
624.714 because the transferee
13.32is not eligible under section
624.713 to possess a pistol or semiautomatic military-style
13.33assault weapon;
14.1(2) has been found ineligible to possess a pistol or semiautomatic military-style
14.2assault weapon by a chief of police or sheriff as a result of an application for a transferee
14.3permit or a transfer report; or
14.4(3) is disqualified under
section
624.713 state or federal law from possessing a pistol
14.5or semiautomatic military-style assault weapon.
14.6EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
14.7committed on or after that date.
14.8 Sec. 9. Minnesota Statutes 2012, section 624.7141, subdivision 2, is amended to read:
14.9 Subd. 2.
Felony. A violation of this section is a felony
:
14.10(1) if the transferee possesses or uses the weapon within one year after the transfer in
14.11furtherance of a felony crime of violence
; or
14.12(2) if the transferor knows, or has reason to believe, the transferee intends to use the
14.13weapon in the furtherance of a felony crime of violence.
14.14EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
14.15committed on or after that date.
14.16 Sec. 10. Minnesota Statutes 2012, section 624.7141, subdivision 3, is amended to read:
14.17 Subd. 3.
Subsequent eligibility. This section Subdivision 2, clause (1), is not
14.18applicable to a transfer to a person who became eligible to possess a pistol or semiautomatic
14.19military-style assault weapon
under section
624.713 after the transfer occurred but before
14.20the transferee used or possessed the weapon in furtherance of any crime.
14.21EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
14.22committed on or after that date.
14.23 Sec. 11.
REPEALER.
14.24Minnesota Statutes 2012, sections 609.66, subdivision 1f; and 624.7132, subdivision
14.2514, are repealed."
14.26Delete the title and insert:
14.28relating to public safety; modifying provisions related to the transfer of pistols
14.29and semiautomatic military-style assault weapons, and to eligibility to possess
14.30a firearm; providing criminal penalties; making it a crime to falsely report the
14.31loss or theft of a firearm; expanding the crime of transferring certain firearms
14.32to an ineligible person;amending Minnesota Statutes 2012, sections 609.165,
14.33subdivision 1a; 609.505, by adding a subdivision; 624.712, subdivision 5, by
14.34adding a subdivision; 624.713, subdivision 1, by adding a subdivision; 624.7131,
14.35subdivisions 1, 4, 5, 7; 624.7132, subdivisions 1, 3, 4, 5, 6, 8, 12, 13, 15, by
15.1adding a subdivision; 624.7141, subdivisions 1, 2, 3; repealing Minnesota
15.2Statutes 2012, sections 609.66, subdivision 1f; 624.7132, subdivision 14."