1.1.................... moves to amend H.F. No. 285 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2012, section 253B.24, is amended to read:
1.4253B.24 TRANSMITTAL OF DATA TO NATIONAL INSTANT CRIMINAL
1.5BACKGROUND CHECK SYSTEM.
1.6(a) When a court:
1.7(1) commits a person under this chapter as being mentally ill, developmentally
1.8disabled, mentally ill and dangerous, or chemically dependent;
1.9(2) determines in a criminal case that a person is incompetent to stand trial or not
1.10guilty by reason of mental illness; or
1.11(3) restores a person's ability to possess a firearm under section
609.165, subdivision
1.121d
, or
624.713, subdivision 4,
1.13the court shall ensure that this information is
electronically transmitted
as soon as
1.14practicable within three business days to the National Instant Criminal Background
1.15Check System.
1.16(b) No later than January 1, 2014, the state court administrator must transfer to
1.17the National Instant Criminal Background Check System, in electronic data format, the
1.18name and type of commitment for persons who were civilly committed under this chapter
1.19since August 1, 2005.
1.20(c) No later than July 1, 2015, the state court administrator must transfer to the
1.21National Instant Criminal Background Check System, in electronic data format, the name
1.22and type of commitment for persons who were civilly committed under this chapter since
1.23August 1, 1994.
1.24 Sec. 2. Minnesota Statutes 2012, section 299C.17, is amended to read:
1.25299C.17 REPORT BY COURT ADMINISTRATOR.
2.1The superintendent shall
have power to require the court administrator
of any
2.2county of every court which sentences a defendant for a felony, gross misdemeanor, or
2.3targeted misdemeanor to
file with the department, at such time as the superintendent may
2.4designate, electronically transmit within three business days of the disposition of the
2.5case a report,
upon such in a form
as prescribed by the superintendent
may prescribe,
2.6furnishing such providing information
as required by the superintendent
may require with
2.7regard to the prosecution and disposition of criminal cases. A copy of the report shall be
2.8kept on file in the office of the court administrator.
2.9 Sec. 3. Minnesota Statutes 2012, section 624.712, subdivision 5, is amended to read:
2.10 Subd. 5.
Crime of violence. "Crime of violence" means: felony convictions of
2.11the following offenses: sections
609.185 (murder in the first degree);
609.19 (murder
2.12in the second degree);
609.195 (murder in the third degree);
609.20 (manslaughter in
2.13the first degree);
609.205 (manslaughter in the second degree);
609.215 (aiding suicide
2.14and aiding attempted suicide);
609.221 (assault in the first degree);
609.222 (assault
2.15in the second degree);
609.223 (assault in the third degree);
609.2231 (assault in the
2.16fourth degree);
609.224, subdivision 4 (felony assault in the fifth degree); 609.2242,
2.17subdivision 4 (felony domestic assault); 609.2247 (domestic assault by strangulation);
2.18
609.229 (crimes committed for the benefit of a gang);
609.235 (use of drugs to injure
2.19or facilitate crime);
609.24 (simple robbery);
609.245 (aggravated robbery);
609.25
2.20(kidnapping);
609.255 (false imprisonment);
609.322 (solicitation, inducement, and
2.21promotion of prostitution; sex trafficking);
609.342 (criminal sexual conduct in the first
2.22degree);
609.343 (criminal sexual conduct in the second degree);
609.344 (criminal sexual
2.23conduct in the third degree);
609.345 (criminal sexual conduct in the fourth degree);
2.24609.377
(malicious punishment of a child);
609.378 (neglect or endangerment of a child);
2.25609.486
(commission of crime while wearing or possessing a bullet-resistant vest);
2.26609.52
(involving theft of a firearm, theft involving the intentional taking or driving of a
2.27motor vehicle without the consent of the owner or authorized agent of the owner, theft
2.28involving the taking of property from a burning, abandoned, or vacant building, or from
2.29an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle,
2.30and theft involving the theft of a controlled substance, an explosive, or an incendiary
2.31device);
609.561 (arson in the first degree);
609.562 (arson in the second degree);
609.582,
2.32subdivision 1
, 2, or 3 (burglary in the first through third degrees);
609.66, subdivision 1e
2.33(drive-by shooting);
609.67 (unlawfully owning, possessing, operating a machine gun or
2.34short-barreled shotgun);
609.71 (riot);
609.713 (terroristic threats);
609.749 (stalking);
2.35609.855, subdivision 5
(shooting at a public transit vehicle or facility); and chapter 152
3.1(drugs, controlled substances); and an attempt to commit any of these offenses.
The term
3.2also includes a second or subsequent conviction or delinquency adjudication for a violation
3.3of section 624.713, subdivision 2, paragraph (a) (certain juveniles not to possess firearms).
3.4EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
3.5committed on or after that date.
3.6 Sec. 4. Minnesota Statutes 2012, section 624.712, is amended by adding a subdivision
3.7to read:
3.8 Subd. 12. Ammunition. "Ammunition" means ammunition or cartridge cases,
3.9primers, bullets, or propellent powder designed for use in any firearm.
3.10EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
3.11committed on or after that date.
3.12 Sec. 5. Minnesota Statutes 2012, section 624.713, subdivision 1, is amended to read:
3.13 Subdivision 1.
Ineligible persons. The following persons shall not be entitled to
3.14possess
ammunition or a pistol or semiautomatic military-style assault weapon or, except
3.15for clause (1), any other firearm:
3.16(1) a person under the age of 18 years except that a person under 18
may possess
3.17ammunition designed for use in a firearm that the person may lawfully possess and may
3.18carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual
3.19presence or under the direct supervision of the person's parent or guardian, (ii) for the
3.20purpose of military drill under the auspices of a legally recognized military organization
3.21and under competent supervision, (iii) for the purpose of instruction, competition, or target
3.22practice on a firing range approved by the chief of police or county sheriff in whose
3.23jurisdiction the range is located and under direct supervision; or (iv) if the person has
3.24successfully completed a course designed to teach marksmanship and safety with a pistol
3.25or semiautomatic military-style assault weapon and approved by the commissioner of
3.26natural resources;
3.27(2) except as otherwise provided in clause (9), a person who has been convicted of,
3.28or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing,
3.29in this state or elsewhere, a crime of violence. For purposes of this section, crime of
3.30violence includes crimes in other states or jurisdictions which would have been crimes of
3.31violence as herein defined if they had been committed in this state;
3.32(3) a person who is or has ever been
ordered committed in Minnesota or elsewhere
3.33by a judicial determination that the person is mentally ill, developmentally disabled, or
4.1mentally ill and dangerous to the public, as defined in section
253B.02, to a treatment
4.2facility,
whether or not the order was stayed, or who has ever been found incompetent to
4.3stand trial or not guilty by reason of mental illness, unless the person's ability to possess a
4.4firearm
and ammunition has been restored under subdivision 4;
4.5(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
4.6gross misdemeanor violation of chapter 152, unless three years have elapsed since the
4.7date of conviction and, during that time, the person has not been convicted of any other
4.8such violation of chapter 152 or a similar law of another state; or a person who is or has
4.9ever been committed by a judicial determination for treatment for the habitual use of a
4.10controlled substance or marijuana, as defined in sections
152.01 and
152.02, unless the
4.11person's ability to possess a firearm
and ammunition has been restored under subdivision 4;
4.12(5) a person who
is or has
ever been committed to a treatment facility in Minnesota
4.13or elsewhere by a judicial determination that the person is chemically dependent as defined
4.14in section
253B.02, unless the person has completed treatment or the person's ability to
4.15possess a firearm
and ammunition has been restored under subdivision 4. Property rights
4.16may not be abated but access may be restricted by the courts;
4.17(6) a peace officer who is informally admitted to a treatment facility pursuant to
4.18section
253B.04 for chemical dependency, unless the officer possesses a certificate from
4.19the head of the treatment facility discharging or provisionally discharging the officer from
4.20the treatment facility. Property rights may not be abated but access may be restricted
4.21by the courts;
4.22(7) a person, including a person under the jurisdiction of the juvenile court, who
4.23has been charged with committing a crime of violence and has been placed in a pretrial
4.24diversion program by the court before disposition, until the person has completed the
4.25diversion program and the charge of committing the crime of violence has been dismissed;
4.26(8) except as otherwise provided in clause (9), a person who has been convicted in
4.27another state of committing an offense similar to the offense described in section
609.224,
4.28subdivision 3
, against a family or household member or section
609.2242, subdivision
4.293
, unless three years have elapsed since the date of conviction and, during that time, the
4.30person has not been convicted of any other violation of section
609.224, subdivision 3, or
4.31609.2242, subdivision 3
, or a similar law of another state;
4.32(9) a person who has been convicted in this state or elsewhere of assaulting a family
4.33or household member and who was found by the court to have used a firearm in any way
4.34during commission of the assault is prohibited from possessing any type of firearm
or
4.35ammunition for the period determined by the sentencing court;
4.36(10) a person who:
5.1(i) has been convicted in any court of a crime punishable by imprisonment for a
5.2term exceeding one year;
5.3(ii) is a fugitive from justice as a result of having fled from any state to avoid
5.4prosecution for a crime or to avoid giving testimony in any criminal proceeding;
5.5(iii) is an unlawful user of any controlled substance as defined in chapter 152;
5.6(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
5.7as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
5.8the public, as defined in section
253B.02;
5.9(v) is an alien who is illegally or unlawfully in the United States;
5.10(vi) has been discharged from the armed forces of the United States under
5.11dishonorable conditions; or
5.12(vii) has renounced the person's citizenship having been a citizen of the United States;
5.13 or
5.14(11) a person who has been convicted of the following offenses at the gross
5.15misdemeanor level, unless three years have elapsed since the date of conviction and, during
5.16that time, the person has not been convicted of any other violation of these sections: section
5.17609.229
(crimes committed for the benefit of a gang);
609.2231, subdivision 4 (assaults
5.18motivated by bias);
609.255 (false imprisonment);
609.378 (neglect or endangerment of a
5.19child);
609.582, subdivision 4 (burglary in the fourth degree);
609.665 (setting a spring
5.20gun);
609.71 (riot); or
609.749 (stalking). For purposes of this paragraph, the specified
5.21gross misdemeanor convictions include crimes committed in other states or jurisdictions
5.22which would have been gross misdemeanors if conviction occurred in this state.
5.23A person who issues a certificate pursuant to this section in good faith is not
5.24liable for damages resulting or arising from the actions or misconduct with a firearm
or
5.25ammunition committed by the individual who is the subject of the certificate.
5.26The prohibition in this subdivision relating to the possession of firearms other than
5.27pistols and semiautomatic military-style assault weapons does not apply retroactively
5.28to persons who are prohibited from possessing a pistol or semiautomatic military-style
5.29assault weapon under this subdivision before August 1, 1994.
5.30The lifetime prohibition on possessing, receiving, shipping, or transporting firearms
5.31 and ammunition for persons convicted or adjudicated delinquent of a crime of violence
5.32in clause (2), applies only to offenders who are discharged from sentence or court
5.33supervision for a crime of violence on or after August 1, 1993.
5.34For purposes of this section, "judicial determination" means a court proceeding
5.35pursuant to sections
253B.07 to
253B.09 or a comparable law from another state.
6.1EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
6.2committed on or after that date.
6.3 Sec. 6. Minnesota Statutes 2012, section 624.713, subdivision 2, is amended to read:
6.4 Subd. 2.
Penalties. (a) A person named in subdivision 1, clause (1), who possesses
6.5ammunition, or a pistol or semiautomatic military-style assault weapon is guilty of a
6.6felony and may be sentenced to imprisonment for not more than five years or to payment
6.7of a fine of not more than $10,000, or both.
6.8(b) A person named in subdivision 1, clause (2), who possesses any type of firearm
6.9 or ammunition is guilty of a felony and may be sentenced to imprisonment for not more
6.10than 15 years or to payment of a fine of not more than $30,000, or both. This paragraph
6.11does not apply to any person who has received a relief of disability under United States
6.12Code, title 18, section 925, or whose ability to possess firearms
and ammunition has been
6.13restored under section
609.165, subdivision 1d.
6.14(c) A person named in any other clause of subdivision 1 who possesses any type of
6.15firearm
or ammunition is guilty of a gross misdemeanor.
6.16(d) A person is criminally liable for a crime committed by another under this section
6.17if the person intentionally assists, advises, hires, counsels, commands, or otherwise
6.18procures the other to commit the crime.
6.19EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
6.20committed on or after that date.
6.21 Sec. 7.
[624.7133] GUN SHOWS; TRANSFERS OF PISTOLS AND
6.22SEMIAUTOMATIC MILITARY-STYLE ASSAULT WEAPONS.
6.23 Subdivision 1. Definitions. For the purposes of this section, "gun show" means the
6.24entire premises open to the public for an event or function, that is sponsored and has the
6.25primary purpose of facilitating the purchase, sale, or offer for sale, of firearms at which 25
6.26or more firearms are offered for transfer, and ten or more persons are offering one or more
6.27firearms for transfer. The "entire premises" includes, but is not limited to, parking areas
6.28and areas open to the public that are used by attendees during the event or function.
6.29 Subd. 2. Transfers; proof of eligibility required. (a) No person shall transfer a
6.30pistol or semiautomatic military-style assault weapon at a gun show unless the transferor
6.31or the transferee is a federally licensed firearms dealer except as provided in this section.
6.32(b) When two parties, neither of whom is a federally licensed firearms dealer,
6.33desire to transfer a pistol or semiautomatic military-style assault weapon at a gun
6.34show, the transferee must present the transferor a valid permit to purchase issued under
7.1section 624.7131 or a valid permit to carry a pistol issued under section 624.714 prior to
7.2completing the transfer.
7.3 Subd. 3. Exclusion. This section does not apply to transfers of antique firearms as
7.4defined in section 624.712, subdivision 3.
7.5EFFECTIVE DATE.This section is effective August 1, 2013."
7.6Amend the title accordingly