Bill Text: MN HF2847 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Firearm loss or theft false report crime made, firearm transfer to an ineligible person crime expanded, and a person convicted of these crimes made ineligible to possess a firearm.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-03-21 - Author added Slocum [HF2847 Detail]
Download: Minnesota-2011-HF2847-Introduced.html
1.2relating to public safety; making it a crime to falsely report the loss or theft of
1.3a firearm; expanding the crime of transferring certain firearms to an ineligible
1.4person; making a person convicted of these crimes ineligible to possess a firearm;
1.5amending Minnesota Statutes 2010, sections 609.165, subdivision 1a; 609.505,
1.6by adding a subdivision; 624.713, subdivision 1; 624.7141, subdivisions 1, 2, 3.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 609.165, subdivision 1a, is amended to
1.9read:
1.10 Subd. 1a. Certain convicted felons ineligible to possess firearms. The order of
1.11discharge must provide that a person who has been convicted of a crime of violence, as
1.12defined in section624.712, subdivision 5 , or a violation of section 609.505, subdivision
1.133, or 624.7141, is not entitled to ship, transport, possess, or receive a firearm for the
1.14remainder of the person's lifetime. Any person who has received such a discharge and
1.15who thereafter has received a relief of disability under United States Code, title 18, section
1.16925, or whose ability to possess firearms has been restored under subdivision 1d, shall not
1.17be subject to the restrictions of this subdivision.
1.18EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
1.19committed on or after that date.
1.20 Sec. 2. Minnesota Statutes 2010, section 609.505, is amended by adding a subdivision
1.21to read:
1.22 Subd. 3. Lost or stolen firearms; false reporting. (a) As used in this section,
1.23"crime of violence" has the meaning given in section 624.712, subdivision 5.
2.1(b) Whoever informs a law enforcement officer that a firearm has been lost or stolen,
2.2knowing that the report is false, is guilty of a gross misdemeanor.
2.3(c) A person is guilty of a felony and may be sentenced to imprisonment for not more
2.4than five years, or to payment of a fine of not more than $10,000, or both, if the person:
2.5(1) is convicted a second or subsequent time of violating this subdivision; or
2.6(2) violates paragraph (b) while knowing, or having reason to believe, that the
2.7firearm has been transferred to someone who intends to use it in furtherance of a felony
2.8crime of violence.
2.9EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
2.10committed on or after that date.
2.11 Sec. 3. Minnesota Statutes 2010, section 624.713, subdivision 1, is amended to read:
2.12 Subdivision 1. Ineligible persons. The following persons shall not be entitled to
2.13possess a pistol or semiautomatic military-style assault weapon or, except for clause (1),
2.14any other firearm:
2.15(1) a person under the age of 18 years except that a person under 18 may carry or
2.16possess a pistol or semiautomatic military-style assault weapon (i) in the actual presence
2.17or under the direct supervision of the person's parent or guardian, (ii) for the purpose
2.18of military drill under the auspices of a legally recognized military organization and
2.19under competent supervision, (iii) for the purpose of instruction, competition, or target
2.20practice on a firing range approved by the chief of police or county sheriff in whose
2.21jurisdiction the range is located and under direct supervision; or (iv) if the person has
2.22successfully completed a course designed to teach marksmanship and safety with a pistol
2.23or semiautomatic military-style assault weapon and approved by the commissioner of
2.24natural resources;
2.25(2) except as otherwise provided in clause (9), a person who has been convicted of,
2.26or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing,
2.27in this state or elsewhere, a crime of violence. For purposes of this section, crime of
2.28violence includes crimes in other states or jurisdictions which would have been crimes of
2.29violence as herein defined if they had been committed in this state;
2.30(3) a person who is or has ever been committed in Minnesota or elsewhere by
2.31a judicial determination that the person is mentally ill, developmentally disabled, or
2.32mentally ill and dangerous to the public, as defined in section253B.02 , to a treatment
2.33facility, or who has ever been found incompetent to stand trial or not guilty by reason of
2.34mental illness, unless the person's ability to possess a firearm has been restored under
2.35subdivision 4;
3.1(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
3.2gross misdemeanor violation of chapter 152, unless three years have elapsed since the
3.3date of conviction and, during that time, the person has not been convicted of any other
3.4such violation of chapter 152 or a similar law of another state; or a person who is or has
3.5ever been committed by a judicial determination for treatment for the habitual use of a
3.6controlled substance or marijuana, as defined in sections152.01 and
152.02 , unless the
3.7person's ability to possess a firearm has been restored under subdivision 4;
3.8(5) a person who has been committed to a treatment facility in Minnesota or
3.9elsewhere by a judicial determination that the person is chemically dependent as defined
3.10in section253B.02 , unless the person has completed treatment or the person's ability to
3.11possess a firearm has been restored under subdivision 4. Property rights may not be abated
3.12but access may be restricted by the courts;
3.13(6) a peace officer who is informally admitted to a treatment facility pursuant to
3.14section253B.04 for chemical dependency, unless the officer possesses a certificate from
3.15the head of the treatment facility discharging or provisionally discharging the officer from
3.16the treatment facility. Property rights may not be abated but access may be restricted
3.17by the courts;
3.18(7) a person, including a person under the jurisdiction of the juvenile court, who
3.19has been charged with committing a crime of violence and has been placed in a pretrial
3.20diversion program by the court before disposition, until the person has completed the
3.21diversion program and the charge of committing the crime of violence has been dismissed;
3.22(8) except as otherwise provided in clause (9), a person who has been convicted in
3.23another state of committing an offense similar to the offense described in section609.224,
3.24subdivision 3 , against a family or household member or section
609.2242, subdivision
3.253 , unless three years have elapsed since the date of conviction and, during that time, the
3.26person has not been convicted of any other violation of section609.224, subdivision 3 , or
3.27609.2242, subdivision 3
, or a similar law of another state;
3.28(9) a person who has been convicted in this state or elsewhere of assaulting a family
3.29or household member and who was found by the court to have used a firearm in any way
3.30during commission of the assault is prohibited from possessing any type of firearm for the
3.31period determined by the sentencing court;
3.32(10) a person who:
3.33(i) has been convicted in any court of a crime punishable by imprisonment for a
3.34term exceeding one year;
3.35(ii) is a fugitive from justice as a result of having fled from any state to avoid
3.36prosecution for a crime or to avoid giving testimony in any criminal proceeding;
4.1(iii) is an unlawful user of any controlled substance as defined in chapter 152;
4.2(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
4.3as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
4.4the public, as defined in section253B.02 ;
4.5(v) is an alien who is illegally or unlawfully in the United States;
4.6(vi) has been discharged from the armed forces of the United States under
4.7dishonorable conditions; or
4.8(vii) has renounced the person's citizenship having been a citizen of the United
4.9States;
4.10(11) a person who has been convicted of violating section 609.505, subdivision 3
4.11(lost or stolen firearms; false reporting), or 624.7141 (transfer of firearm to an ineligible
4.12person); or
4.13(11) (12) a person who has been convicted of the following offenses at the gross
4.14misdemeanor level, unless three years have elapsed since the date of conviction and,
4.15during that time, the person has not been convicted of any other violation of these sections:
4.16section609.229 (crimes committed for the benefit of a gang);
609.2231, subdivision
4.174 (assaults motivated by bias);
609.255 (false imprisonment);
609.378 (neglect or
4.18endangerment of a child);609.582, subdivision 4 (burglary in the fourth degree);
609.665
4.19(setting a spring gun);
609.71 (riot); or
609.749 (stalking). For purposes of this paragraph,
4.20the specified gross misdemeanor convictions include crimes committed in other states or
4.21jurisdictions which would have been gross misdemeanors if conviction occurred in this
4.22state.
4.23A person who issues a certificate pursuant to this section in good faith is not liable
4.24for damages resulting or arising from the actions or misconduct with a firearm committed
4.25by the individual who is the subject of the certificate.
4.26The prohibition in this subdivision relating to the possession of firearms other than
4.27pistols and semiautomatic military-style assault weapons does not apply retroactively
4.28to persons who are prohibited from possessing a pistol or semiautomatic military-style
4.29assault weapon under this subdivision before August 1, 1994.
4.30The lifetime prohibition on possessing, receiving, shipping, or transporting firearms
4.31for persons convicted or adjudicated delinquent of a crime of violence in clause (2),
4.32applies only to offenders who are discharged from sentence or court supervision for a
4.33crime of violence on or after August 1, 1993.
4.34For purposes of this section, "judicial determination" means a court proceeding
4.35pursuant to sections253B.07 to
253B.09 or a comparable law from another state.
5.1EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
5.2committed on or after that date.
5.3 Sec. 4. Minnesota Statutes 2010, section 624.7141, subdivision 1, is amended to read:
5.4 Subdivision 1. Transfer prohibited. A person is guilty of a gross misdemeanor who
5.5intentionally transfers a pistol or semiautomatic military-style assault weapon to another if
5.6the person knows, or has reason to believe, that the transferee:
5.7(1) has been denied a permit to carry under section624.714 because the transferee
5.8is not eligible under section624.713 to possess a pistol or semiautomatic military-style
5.9assault weapon;
5.10(2) has been found ineligible to possess a pistol or semiautomatic military-style
5.11assault weapon by a chief of police or sheriff as a result of an application for a transferee
5.12permit or a transfer report; or
5.13(3) is disqualified undersection
624.713
5.14a pistol or semiautomatic military-style assault weapon.
5.15EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
5.16committed on or after that date.
5.17 Sec. 5. Minnesota Statutes 2010, section 624.7141, subdivision 2, is amended to read:
5.18 Subd. 2. Felony. A violation of this section is a felony:
5.19(1) if the transferee possesses or uses the weapon within one year after the transfer in
5.20furtherance of a felony crime of violence; or
5.21(2) if the transferor knows, or has reason to believe, the transferee intends to use the
5.22weapon in the furtherance of a felony crime of violence.
5.23EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
5.24committed on or after that date.
5.25 Sec. 6. Minnesota Statutes 2010, section 624.7141, subdivision 3, is amended to read:
5.26 Subd. 3. Subsequent eligibility.This section Subdivision 2, clause (1), is
5.27not applicable to a transfer to a person who became eligible to possess a pistol or
5.28semiautomatic military-style assault weaponunder section
624.713
5.29occurred but before the transferee used or possessed the weapon in furtherance of any
5.30crime.
5.31EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
5.32committed on or after that date.
1.3a firearm; expanding the crime of transferring certain firearms to an ineligible
1.4person; making a person convicted of these crimes ineligible to possess a firearm;
1.5amending Minnesota Statutes 2010, sections 609.165, subdivision 1a; 609.505,
1.6by adding a subdivision; 624.713, subdivision 1; 624.7141, subdivisions 1, 2, 3.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 609.165, subdivision 1a, is amended to
1.9read:
1.10 Subd. 1a. Certain convicted felons ineligible to possess firearms. The order of
1.11discharge must provide that a person who has been convicted of a crime of violence, as
1.12defined in section
1.133, or 624.7141, is not entitled to ship, transport, possess, or receive a firearm for the
1.14remainder of the person's lifetime. Any person who has received such a discharge and
1.15who thereafter has received a relief of disability under United States Code, title 18, section
1.16925, or whose ability to possess firearms has been restored under subdivision 1d, shall not
1.17be subject to the restrictions of this subdivision.
1.18EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
1.19committed on or after that date.
1.20 Sec. 2. Minnesota Statutes 2010, section 609.505, is amended by adding a subdivision
1.21to read:
1.22 Subd. 3. Lost or stolen firearms; false reporting. (a) As used in this section,
1.23"crime of violence" has the meaning given in section 624.712, subdivision 5.
2.1(b) Whoever informs a law enforcement officer that a firearm has been lost or stolen,
2.2knowing that the report is false, is guilty of a gross misdemeanor.
2.3(c) A person is guilty of a felony and may be sentenced to imprisonment for not more
2.4than five years, or to payment of a fine of not more than $10,000, or both, if the person:
2.5(1) is convicted a second or subsequent time of violating this subdivision; or
2.6(2) violates paragraph (b) while knowing, or having reason to believe, that the
2.7firearm has been transferred to someone who intends to use it in furtherance of a felony
2.8crime of violence.
2.9EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
2.10committed on or after that date.
2.11 Sec. 3. Minnesota Statutes 2010, section 624.713, subdivision 1, is amended to read:
2.12 Subdivision 1. Ineligible persons. The following persons shall not be entitled to
2.13possess a pistol or semiautomatic military-style assault weapon or, except for clause (1),
2.14any other firearm:
2.15(1) a person under the age of 18 years except that a person under 18 may carry or
2.16possess a pistol or semiautomatic military-style assault weapon (i) in the actual presence
2.17or under the direct supervision of the person's parent or guardian, (ii) for the purpose
2.18of military drill under the auspices of a legally recognized military organization and
2.19under competent supervision, (iii) for the purpose of instruction, competition, or target
2.20practice on a firing range approved by the chief of police or county sheriff in whose
2.21jurisdiction the range is located and under direct supervision; or (iv) if the person has
2.22successfully completed a course designed to teach marksmanship and safety with a pistol
2.23or semiautomatic military-style assault weapon and approved by the commissioner of
2.24natural resources;
2.25(2) except as otherwise provided in clause (9), a person who has been convicted of,
2.26or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing,
2.27in this state or elsewhere, a crime of violence. For purposes of this section, crime of
2.28violence includes crimes in other states or jurisdictions which would have been crimes of
2.29violence as herein defined if they had been committed in this state;
2.30(3) a person who is or has ever been committed in Minnesota or elsewhere by
2.31a judicial determination that the person is mentally ill, developmentally disabled, or
2.32mentally ill and dangerous to the public, as defined in section
2.33facility, or who has ever been found incompetent to stand trial or not guilty by reason of
2.34mental illness, unless the person's ability to possess a firearm has been restored under
2.35subdivision 4;
3.1(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
3.2gross misdemeanor violation of chapter 152, unless three years have elapsed since the
3.3date of conviction and, during that time, the person has not been convicted of any other
3.4such violation of chapter 152 or a similar law of another state; or a person who is or has
3.5ever been committed by a judicial determination for treatment for the habitual use of a
3.6controlled substance or marijuana, as defined in sections
3.7person's ability to possess a firearm has been restored under subdivision 4;
3.8(5) a person who has been committed to a treatment facility in Minnesota or
3.9elsewhere by a judicial determination that the person is chemically dependent as defined
3.10in section
3.11possess a firearm has been restored under subdivision 4. Property rights may not be abated
3.12but access may be restricted by the courts;
3.13(6) a peace officer who is informally admitted to a treatment facility pursuant to
3.14section
3.15the head of the treatment facility discharging or provisionally discharging the officer from
3.16the treatment facility. Property rights may not be abated but access may be restricted
3.17by the courts;
3.18(7) a person, including a person under the jurisdiction of the juvenile court, who
3.19has been charged with committing a crime of violence and has been placed in a pretrial
3.20diversion program by the court before disposition, until the person has completed the
3.21diversion program and the charge of committing the crime of violence has been dismissed;
3.22(8) except as otherwise provided in clause (9), a person who has been convicted in
3.23another state of committing an offense similar to the offense described in section
3.24subdivision 3
3.253
3.26person has not been convicted of any other violation of section
3.28(9) a person who has been convicted in this state or elsewhere of assaulting a family
3.29or household member and who was found by the court to have used a firearm in any way
3.30during commission of the assault is prohibited from possessing any type of firearm for the
3.31period determined by the sentencing court;
3.32(10) a person who:
3.33(i) has been convicted in any court of a crime punishable by imprisonment for a
3.34term exceeding one year;
3.35(ii) is a fugitive from justice as a result of having fled from any state to avoid
3.36prosecution for a crime or to avoid giving testimony in any criminal proceeding;
4.1(iii) is an unlawful user of any controlled substance as defined in chapter 152;
4.2(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
4.3as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
4.4the public, as defined in section
4.5(v) is an alien who is illegally or unlawfully in the United States;
4.6(vi) has been discharged from the armed forces of the United States under
4.7dishonorable conditions; or
4.8(vii) has renounced the person's citizenship having been a citizen of the United
4.9States;
4.10(11) a person who has been convicted of violating section 609.505, subdivision 3
4.11(lost or stolen firearms; false reporting), or 624.7141 (transfer of firearm to an ineligible
4.12person); or
4.13
4.14misdemeanor level, unless three years have elapsed since the date of conviction and,
4.15during that time, the person has not been convicted of any other violation of these sections:
4.16section
4.174
4.18endangerment of a child);
4.20the specified gross misdemeanor convictions include crimes committed in other states or
4.21jurisdictions which would have been gross misdemeanors if conviction occurred in this
4.22state.
4.23A person who issues a certificate pursuant to this section in good faith is not liable
4.24for damages resulting or arising from the actions or misconduct with a firearm committed
4.25by the individual who is the subject of the certificate.
4.26The prohibition in this subdivision relating to the possession of firearms other than
4.27pistols and semiautomatic military-style assault weapons does not apply retroactively
4.28to persons who are prohibited from possessing a pistol or semiautomatic military-style
4.29assault weapon under this subdivision before August 1, 1994.
4.30The lifetime prohibition on possessing, receiving, shipping, or transporting firearms
4.31for persons convicted or adjudicated delinquent of a crime of violence in clause (2),
4.32applies only to offenders who are discharged from sentence or court supervision for a
4.33crime of violence on or after August 1, 1993.
4.34For purposes of this section, "judicial determination" means a court proceeding
4.35pursuant to sections
5.1EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
5.2committed on or after that date.
5.3 Sec. 4. Minnesota Statutes 2010, section 624.7141, subdivision 1, is amended to read:
5.4 Subdivision 1. Transfer prohibited. A person is guilty of a gross misdemeanor who
5.5intentionally transfers a pistol or semiautomatic military-style assault weapon to another if
5.6the person knows, or has reason to believe, that the transferee:
5.7(1) has been denied a permit to carry under section
5.8is not eligible under section
5.9assault weapon;
5.10(2) has been found ineligible to possess a pistol or semiautomatic military-style
5.11assault weapon by a chief of police or sheriff as a result of an application for a transferee
5.12permit or a transfer report; or
5.13(3) is disqualified under
5.14a pistol or semiautomatic military-style assault weapon.
5.15EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
5.16committed on or after that date.
5.17 Sec. 5. Minnesota Statutes 2010, section 624.7141, subdivision 2, is amended to read:
5.18 Subd. 2. Felony. A violation of this section is a felony:
5.19(1) if the transferee possesses or uses the weapon within one year after the transfer in
5.20furtherance of a felony crime of violence; or
5.21(2) if the transferor knows, or has reason to believe, the transferee intends to use the
5.22weapon in the furtherance of a felony crime of violence.
5.23EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
5.24committed on or after that date.
5.25 Sec. 6. Minnesota Statutes 2010, section 624.7141, subdivision 3, is amended to read:
5.26 Subd. 3. Subsequent eligibility.
5.27not applicable to a transfer to a person who became eligible to possess a pistol or
5.28semiautomatic military-style assault weapon
5.29occurred but before the transferee used or possessed the weapon in furtherance of any
5.30crime.
5.31EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
5.32committed on or after that date.
