1.2relating to public safety; prohibiting persons subject to domestic violence
1.3restraining orders from possessing weapons; requiring persons convicted of
1.4domestic violence offenses to surrender their firearms while they are prohibited
1.5from possessing firearms; providing penalties;amending Minnesota Statutes
1.62012, sections 260C.201, subdivision 3; 518B.01, subdivision 6; 609.2242,
1.7subdivision 3; 609.749, subdivision 8; 624.713, subdivision 1; proposing coding
1.8for new law in Minnesota Statutes, chapter 624.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10    Section 1. Minnesota Statutes 2012, section 260C.201, subdivision 3, is amended to
1.11read:
1.12    Subd. 3. Domestic child abuse. (a) If the court finds that the child is a victim of
1.13domestic child abuse, as defined in section 260C.007, subdivision 13, it may order any of
1.14the following dispositions of the case in addition to or as alternatives to the dispositions
1.15authorized under subdivision 1:
1.16(1) restrain any party from committing acts of domestic child abuse;
1.17(2) exclude the abusing party from the dwelling which the family or household
1.18members share or from the residence of the child;
1.19(3) on the same basis as is provided in chapter 518, establish temporary visitation
1.20with regard to minor children of the adult family or household members;
1.21(4) on the same basis as is provided in chapter 518 or 518A, establish temporary
1.22support or maintenance for a period of 30 days for minor children or a spouse;
1.23(5) provide counseling or other social services for the family or household members;
1.24or
1.25(6) order the abusing party to participate in treatment or counseling services.
2.1Any relief granted by the order for protection shall be for a fixed period not to
2.2exceed one year.
2.3(b) No order excluding the abusing party from the dwelling may be issued unless
2.4the court finds that:
2.5(1) the order is in the best interests of the child or children remaining in the dwelling;
2.6(2) a remaining adult family or household member is able to care adequately for the
2.7child or children in the absence of the excluded party; and
2.8(3) the local welfare agency has developed a plan to provide appropriate social
2.9services to the remaining family or household members.
2.10(c) Upon a finding that the remaining parent is able to care adequately for the child
2.11and enforce an order excluding the abusing party from the home and that the provision of
2.12supportive services by the responsible social services agency is no longer necessary, the
2.13responsible social services agency may be dismissed as a party to the proceedings. Orders
2.14entered regarding the abusing party remain in full force and effect and may be renewed by
2.15the remaining parent as necessary for the continued protection of the child for specified
2.16periods of time, not to exceed one year.
2.17(d) An order granting relief that was issued after a hearing of which the abusing party
2.18received actual notice and at which the abusing party had the opportunity to participate,
2.19shall prohibit the abusing party from possessing firearms for the length the order is in
2.20effect if the order (1) restrains the abusing party from harassing, stalking, or threatening
2.21the abused party or restrains the abusing party from engaging in other conduct that would
2.22place the abused party in reasonable fear of bodily injury, and (2) includes a finding that
2.23the abusing party represents a credible threat to the physical safety of the abused party or
2.24prohibits the abusing party from using, attempting to use, or threatening to use physical
2.25force against the abused party. The order shall inform the abusing party of that party's
2.26prohibited status. The court shall order the abusing party to transfer any firearms that the
2.27person possesses, within three business days, to a federally licensed firearms dealer, a law
2.28enforcement agency, or a third party who may lawfully receive them. The transfer may be
2.29permanent or temporary. A temporary firearm transfer only entitles the receiving party to
2.30possess the firearm. A temporary transfer does not transfer ownership or title. An abusing
2.31party may not transfer firearms to a third party who resides with the abusing party. If an
2.32abusing party makes a temporary transfer, a federally licensed firearms dealer or law
2.33enforcement agency may charge the abusing party a reasonable fee to store the person's
2.34firearms and may establish policies for disposal of abandoned firearms, provided such
2.35policies require that the person be notified via certified mail prior to disposal of abandoned
2.36firearms. For temporary firearms transfers under this paragraph, a law enforcement
3.1agency, federally licensed firearms dealer, or third party shall exercise due care to preserve
3.2the quality and function of the transferred firearms and shall return the transferred firearms
3.3to the person upon request after the expiration of the prohibiting time period, provided the
3.4person is not otherwise prohibited from possessing firearms under state or federal law.
3.5The return of temporarily transferred firearms to an abusing party shall comply with state
3.6and federal law. If an abusing party permanently transfers the abusing party's firearms to a
3.7law enforcement agency, the agency is not required to compensate the abusing party and
3.8may charge the abusing party a reasonable processing fee.
3.9(e) An abusing party who is ordered to transfer firearms under paragraph (d) must
3.10file proof of transfer as provided for in this paragraph. If the transfer is made to a third
3.11party, the third party must sign an affidavit under oath before a notary public either
3.12acknowledging that the abusing party permanently transferred the abusing party's firearms
3.13to the third party or agreeing to temporarily store the abusing party's firearms until such
3.14time as the abusing party is legally permitted to possess firearms. The affidavit shall
3.15indicate the serial number, make, and model of all firearms transferred by the abusing
3.16party to the third party. The third party shall acknowledge in the affidavit that the third
3.17party may be held criminally and civilly responsible if the abusing party gains access to
3.18the firearms while the firearms are in the custody of the third party. If the transfer is to a
3.19law enforcement agency or federally licensed firearms dealer, the law enforcement agency
3.20or federally licensed firearms dealer shall provide proof of transfer to the abusing party.
3.21The proof of transfer must specify whether the firearms were permanently or temporarily
3.22transferred and include the name of the abusing party, date of transfer, and the serial
3.23number, make, and model of all transferred firearms. The abusing party shall provide the
3.24court with a signed and notarized affidavit or proof of transfer as described in this section
3.25within three business days of the court issuing an order under paragraph (d).

3.26    Sec. 2. Minnesota Statutes 2012, section 518B.01, subdivision 6, is amended to read:
3.27    Subd. 6. Relief by court. (a) Upon notice and hearing, the court may provide
3.28relief as follows:
3.29    (1) restrain the abusing party from committing acts of domestic abuse;
3.30    (2) exclude the abusing party from the dwelling which the parties share or from the
3.31residence of the petitioner;
3.32    (3) exclude the abusing party from a reasonable area surrounding the dwelling or
3.33residence, which area shall be described specifically in the order;
3.34    (4) award temporary custody or establish temporary parenting time with regard to
3.35minor children of the parties on a basis which gives primary consideration to the safety of
4.1the victim and the children. In addition to the primary safety considerations, the court
4.2may consider particular best interest factors that are found to be relevant to the temporary
4.3custody and parenting time award. Findings under section 257.025, 518.17, or 518.175
4.4are not required with respect to the particular best interest factors not considered by the
4.5court. If the court finds that the safety of the victim or the children will be jeopardized by
4.6unsupervised or unrestricted parenting time, the court shall condition or restrict parenting
4.7time as to time, place, duration, or supervision, or deny parenting time entirely, as needed
4.8to guard the safety of the victim and the children. The court's decision on custody and
4.9parenting time shall in no way delay the issuance of an order for protection granting other
4.10relief provided for in this section. The court must not enter a parenting plan under section
4.11518.1705 as part of an action for an order for protection;
4.12    (5) on the same basis as is provided in chapter 518 or 518A, establish temporary
4.13support for minor children or a spouse, and order the withholding of support from the
4.14income of the person obligated to pay the support according to chapter 518A;
4.15    (6) provide upon request of the petitioner counseling or other social services for the
4.16parties, if married, or if there are minor children;
4.17    (7) order the abusing party to participate in treatment or counseling services,
4.18including requiring the abusing party to successfully complete a domestic abuse
4.19counseling program or educational program under section 518B.02;
4.20    (8) award temporary use and possession of property and restrain one or both parties
4.21from transferring, encumbering, concealing, or disposing of property except in the usual
4.22course of business or for the necessities of life, and to account to the court for all such
4.23transfers, encumbrances, dispositions, and expenditures made after the order is served or
4.24communicated to the party restrained in open court;
4.25    (9) exclude the abusing party from the place of employment of the petitioner, or
4.26otherwise limit access to the petitioner by the abusing party at the petitioner's place of
4.27employment;
4.28    (10) order the abusing party to have no contact with the petitioner whether in
4.29person, by telephone, mail, or electronic mail or messaging, through a third party, or
4.30by any other means;
4.31    (11) order the abusing party to pay restitution to the petitioner;
4.32    (12) order the continuance of all currently available insurance coverage without
4.33change in coverage or beneficiary designation;
4.34    (13) order, in its discretion, other relief as it deems necessary for the protection of
4.35a family or household member, including orders or directives to the sheriff or other law
4.36enforcement or corrections officer as provided by this section;
5.1(14) direct the care, possession, or control of a pet or companion animal owned,
5.2possessed, or kept by the petitioner or respondent or a child of the petitioner or respondent;
5.3and
5.4(15) direct the respondent to refrain from physically abusing or injuring any pet or
5.5companion animal, without legal justification, known to be owned, possessed, kept, or
5.6held by either party or a minor child residing in the residence or household of either party
5.7as an indirect means of intentionally threatening the safety of such person.
5.8    (b) Any relief granted by the order for protection shall be for a period not to exceed
5.9two years, except when the court determines a longer period is appropriate. When a
5.10referee presides at the hearing on the petition, the order granting relief becomes effective
5.11upon the referee's signature.
5.12    (c) An order granting the relief authorized in paragraph (a), clause (1), may not be
5.13vacated or modified in a proceeding for dissolution of marriage or legal separation, except
5.14that the court may hear a motion for modification of an order for protection concurrently
5.15with a proceeding for dissolution of marriage upon notice of motion and motion. The
5.16notice required by court rule shall not be waived. If the proceedings are consolidated
5.17and the motion to modify is granted, a separate order for modification of an order for
5.18protection shall be issued.
5.19    (d) An order granting the relief authorized in paragraph (a), clause (2) or (3), is not
5.20voided by the admittance of the abusing party into the dwelling from which the abusing
5.21party is excluded.
5.22    (e) If a proceeding for dissolution of marriage or legal separation is pending between
5.23the parties, the court shall provide a copy of the order for protection to the court with
5.24jurisdiction over the dissolution or separation proceeding for inclusion in its file.
5.25    (f) An order for restitution issued under this subdivision is enforceable as civil
5.26judgment.
5.27(g) An order granting relief shall prohibit the abusing party from possessing firearms
5.28for the length the order is in effect if the order (1) restrains the abusing party from harassing,
5.29stalking, or threatening the abused party or restrains the abusing party from engaging in
5.30other conduct that would place the abused party in reasonable fear of bodily injury, and (2)
5.31includes a finding that the abusing party represents a credible threat to the physical safety of
5.32the abused party or prohibits the abusing party from using, attempting to use, or threatening
5.33to use physical force against the abused party. The order shall inform the abusing party
5.34of that party's prohibited status. The court shall order the abusing party to transfer any
5.35firearms that the person possesses, within three business days, to a federally licensed
5.36firearms dealer, a law enforcement agency, or a third party who may lawfully receive
6.1them. The transfer may be permanent or temporary. A temporary firearm transfer only
6.2entitles the receiving party to possess the firearm. A temporary transfer does not transfer
6.3ownership or title. An abusing party may not transfer firearms to a third party who resides
6.4with the abusing party. If an abusing party makes a temporary transfer, a federally licensed
6.5firearms dealer or law enforcement agency may charge the abusing party a reasonable
6.6fee to store the person's firearms and may establish policies for disposal of abandoned
6.7firearms, provided such policies require that the person be notified via certified mail prior
6.8to disposal of abandoned firearms. For temporary firearms transfers under this paragraph,
6.9a law enforcement agency, federally licensed firearms dealer, or third party shall exercise
6.10due care to preserve the quality and function of the transferred firearms and shall return the
6.11transferred firearms to the person upon request after the expiration of the prohibiting time
6.12period, provided the person is not otherwise prohibited from possessing firearms under
6.13state or federal law. The return of temporarily transferred firearms to an abusing party shall
6.14comply with state and federal law. If an abusing party permanently transfers the abusing
6.15party's firearms to a law enforcement agency, the agency is not required to compensate the
6.16abusing party and may charge the abusing party a reasonable processing fee.
6.17(h) An abusing party who is ordered to transfer firearms under paragraph (g) must
6.18file proof of transfer as provided for in this paragraph. If the transfer is made to a third
6.19party, the third party must sign an affidavit under oath before a notary public either
6.20acknowledging that the abusing party permanently transferred the abusing party's firearms
6.21to the third party or agreeing to temporarily store the abusing party's firearms until such
6.22time as the abusing party is legally permitted to possess firearms. The affidavit shall
6.23indicate the serial number, make, and model of all firearms transferred by the abusing
6.24party to the third party. The third party shall acknowledge in the affidavit that the third
6.25party may be held criminally and civilly responsible if the abusing party gains access to
6.26the firearms while the firearms are in the custody of the third party. If the transfer is to a
6.27law enforcement agency or federally licensed firearms dealer, the law enforcement agency
6.28or federally licensed firearms dealer shall provide proof of transfer to the abusing party.
6.29The proof of transfer must specify whether the firearms were permanently or temporarily
6.30transferred and include the name of the abusing party, date of transfer, and the serial
6.31number, make, and model of all transferred firearms. The abusing party shall provide the
6.32court with a signed and notarized affidavit or proof of transfer as described in this section
6.33within three business days of the court issuing an order under paragraph (g).

6.34    Sec. 3. Minnesota Statutes 2012, section 609.2242, subdivision 3, is amended to read:
7.1    Subd. 3. Domestic assaults; firearms. (a) When a person is convicted of a violation
7.2of this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247, the court shall
7.3determine and make written findings on the record as to whether:
7.4(1) the assault was committed against a family or household member, as defined in
7.5section 518B.01, subdivision 2;
7.6(2) the defendant owns or possesses a firearm; and
7.7(3) the firearm was used in any way during the commission of the assault.
7.8(b) If the court determines that the assault was of a family or household member,
7.9and that the offender owns or possesses a firearm and used it in any way during the
7.10commission of the assault, it shall order that the firearm be summarily forfeited under
7.11section 609.5316, subdivision 3.
7.12(c) When a person is convicted of assaulting a family or household member and is
7.13determined by the court to have used a firearm in any way during commission of the assault,
7.14the court may order that the person is prohibited from possessing any type of firearm for
7.15any period longer than three years or for the remainder of the person's life. A person who
7.16violates this paragraph is guilty of a gross misdemeanor. At the time of the conviction, the
7.17court shall inform the defendant whether and for how long the defendant is prohibited from
7.18possessing a firearm and that it is a gross misdemeanor to violate this paragraph. The failure
7.19of the court to provide this information to a defendant does not affect the applicability of
7.20the firearm possession prohibition or the gross misdemeanor penalty to that defendant.
7.21(d) Except as otherwise provided in paragraph (c), when a person is convicted of a
7.22violation of this section or section 609.224 and the court determines that the victim was a
7.23family or household member, the court shall inform the defendant that the defendant is
7.24prohibited from possessing a pistol firearm for three years from the date of conviction and
7.25that it is a gross misdemeanor offense to violate this prohibition. The failure of the court
7.26to provide this information to a defendant does not affect the applicability of the pistol
7.27 firearm possession prohibition or the gross misdemeanor penalty to that defendant.
7.28(e) Except as otherwise provided in paragraph (c), a person is not entitled to possess
7.29a pistol if the person has been convicted after August 1, 1992, or a firearm if a person has
7.30been convicted on or after the effective date of this act, of domestic assault under this
7.31section or assault in the fifth degree under section 609.224 and the assault victim was a
7.32family or household member as defined in section 518B.01, subdivision 2, unless three
7.33years have elapsed from the date of conviction and, during that time, the person has not
7.34been convicted of any other violation of this section or section 609.224. Property rights
7.35may not be abated but access may be restricted by the courts. A person who possesses a
7.36pistol firearm in violation of this paragraph is guilty of a gross misdemeanor.
8.1(f) Except as otherwise provided in paragraph (b), when a person is convicted of a
8.2violation of this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247 and
8.3the court determines that the assault was against a family or household member, the court
8.4shall order the abusing party to transfer any firearms that the person possesses, within
8.5three business days, to a federally licensed firearms dealer, a law enforcement agency, or a
8.6third party who may lawfully receive them. The transfer may be permanent or temporary,
8.7unless the court prohibits the person from possessing a firearm for the remainder of the
8.8person's life under paragraph (c). A temporary firearm transfer only entitles the receiving
8.9party to possess the firearm. A temporary transfer does not transfer ownership or title. An
8.10abusing party may not transfer firearms to a third party who resides with the abusing party.
8.11If an abusing party makes a temporary transfer, a federally licensed firearms dealer or law
8.12enforcement agency may charge the abusing party a reasonable fee to store the person's
8.13firearms and may establish policies for disposal of abandoned firearms, provided such
8.14policies require that the person be notified by certified mail prior to disposal of abandoned
8.15firearms. For temporary firearms transfers under this paragraph, a law enforcement
8.16agency, federally licensed firearms dealer, or third party shall exercise due care to preserve
8.17the quality and function of the transferred firearms and shall return the transferred firearms
8.18to the person upon request after the expiration of the prohibiting time period imposed
8.19under this subdivision, provided the person is not otherwise prohibited from possessing
8.20firearms under state or federal law. The return of temporarily transferred firearms to an
8.21abusing party shall comply with state and federal law. If an abusing party permanently
8.22transfers the abusing party's firearms to a law enforcement agency, the agency is not
8.23required to compensate the abusing party and may charge the abusing party a reasonable
8.24processing fee. The court shall order that the person surrender all permits to carry and
8.25purchase firearms to the sheriff.
8.26(g) An abusing party who is ordered to transfer firearms under paragraph (f) must
8.27file proof of transfer as provided for in this paragraph. If the transfer is made to a third
8.28party, the third party must sign an affidavit under oath before a notary public either
8.29acknowledging that the abusing party permanently transferred the abusing party's firearms
8.30to the third party or agreeing to temporarily store the abusing party's firearms until such
8.31time as the abusing party is legally permitted to possess firearms. The affidavit shall
8.32indicate the serial number, make, and model of all firearms transferred by the abusing
8.33party to the third party. The third party shall acknowledge in the affidavit that the third
8.34party may be held criminally and civilly responsible if the abusing party gains access to
8.35the firearms while the firearms are in the custody of the third party. If the transfer is to a
8.36law enforcement agency or federally licensed firearms dealer, the law enforcement agency
9.1or federally licensed firearms dealer shall provide proof of transfer to the abusing party.
9.2The proof of transfer must specify whether the firearms were permanently or temporarily
9.3transferred and include the name of the abusing party, date of transfer, and the serial
9.4number, make, and model of all transferred firearms. The abusing party shall provide the
9.5court with a signed and notarized affidavit or proof of transfer as described in this section
9.6within three business days of the court issuing an order under paragraph (f).

9.7    Sec. 4. Minnesota Statutes 2012, section 609.749, subdivision 8, is amended to read:
9.8    Subd. 8. Stalking; firearms. (a) When a person is convicted of a stalking crime
9.9under this section and the court determines that the person used a firearm in any way
9.10during commission of the crime, the court may order that the person is prohibited from
9.11possessing any type of firearm for any period longer than three years or for the remainder
9.12of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor.
9.13At the time of the conviction, the court shall inform the defendant whether and for
9.14how long the defendant is prohibited from possessing a firearm and that it is a gross
9.15misdemeanor to violate this paragraph. The failure of the court to provide this information
9.16to a defendant does not affect the applicability of the firearm possession prohibition or the
9.17gross misdemeanor penalty to that defendant.
9.18(b) Except as otherwise provided in paragraph (a), when a person is convicted of a
9.19stalking crime under this section, the court shall inform the defendant that the defendant is
9.20prohibited from possessing a pistol firearm for three years from the date of conviction and
9.21that it is a gross misdemeanor offense to violate this prohibition. The failure of the court
9.22to provide this information to a defendant does not affect the applicability of the pistol
9.23 firearm possession prohibition or the gross misdemeanor penalty to that defendant.
9.24(c) Except as otherwise provided in paragraph (a), a person is not entitled to possess
9.25a pistol if the person has been convicted after August 1, 1996, of a stalking crime under
9.26this section, or to possess a firearm if the person has been convicted on or after the
9.27effective date of a stalking crime under this section, unless three years have elapsed from
9.28the date of conviction and, during that time, the person has not been convicted of any other
9.29violation of this section. Property rights may not be abated but access may be restricted
9.30by the courts. A person who possesses a pistol firearm in violation of this paragraph is
9.31guilty of a gross misdemeanor.
9.32(d) If the court determines that a person convicted of a stalking crime under this
9.33section owns or possesses a firearm and used it in any way during the commission of
9.34the crime, it shall order that the firearm be summarily forfeited under section 609.5316,
9.35subdivision 3 .
10.1(e) Except as otherwise provided in paragraph (d), when a person is convicted of a
10.2stalking crime under this section, the court shall order the abusing party to transfer any
10.3firearms that the person possesses, within three business days, to a federally licensed
10.4firearms dealer, a law enforcement agency, or a third party who may lawfully receive
10.5them. The transfer may be permanent or temporary. A temporary firearm transfer only
10.6entitles the receiving party to possess the firearm. A temporary transfer does not transfer
10.7ownership or title. An abusing party may not transfer firearms to a third party who resides
10.8with the abusing party. If an abusing party makes a temporary transfer, a federally licensed
10.9firearms dealer or law enforcement agency may charge the abusing party a reasonable
10.10fee to store the person's firearms and may establish policies for disposal of abandoned
10.11firearms, provided such policies require that the person be notified via certified mail prior
10.12to disposal of abandoned firearms. For temporary firearms transfers under this paragraph,
10.13a law enforcement agency, federally licensed firearms dealer, or third party shall exercise
10.14due care to preserve the quality and function of the transferred firearms and shall return the
10.15transferred firearms to the person upon request after the expiration of the prohibiting time
10.16period imposed under this subdivision, provided the person is not otherwise prohibited
10.17from possessing firearms under state or federal law. The return of temporarily transferred
10.18firearms to an abusing party shall comply with state and federal law. If an abusing party
10.19permanently transfers the abusing party's firearms to a law enforcement agency, the
10.20agency is not required to compensate the abusing party and may charge the abusing party
10.21a reasonable processing fee. The court shall order that the person surrender all permits to
10.22carry and purchase firearms to the sheriff.
10.23(f) An abusing party who is ordered to transfer firearms under paragraph (e) must
10.24file proof of transfer as provided for in this paragraph. If the transfer is made to a third
10.25party, the third party must sign an affidavit under oath before a notary public either
10.26acknowledging that the abusing party permanently transferred the abusing party's firearms
10.27to the third party or agreeing to temporarily store the abusing party's firearms until such
10.28time as the abusing party is legally permitted to possess firearms. The affidavit shall
10.29indicate the serial number, make, and model of all firearms transferred by the abusing
10.30party to the third party. The third party shall acknowledge in the affidavit that the third
10.31party may be held criminally and civilly responsible if the abusing party gains access to
10.32the firearms while the firearms are in the custody of the third party. If the transfer is to a
10.33law enforcement agency or federally licensed firearms dealer, the law enforcement agency
10.34or federally licensed firearms dealer shall provide proof of transfer to the abusing party.
10.35The proof of transfer must specify whether the firearms were permanently or temporarily
10.36transferred and include the name of the abusing party, date of transfer, and the serial
11.1number, make, and model of all transferred firearms. The abusing party shall provide the
11.2court with a signed and notarized affidavit or proof of transfer as described in this section
11.3within three business days of the court issuing an order under paragraph (e).

11.4    Sec. 5. Minnesota Statutes 2012, section 624.713, subdivision 1, is amended to read:
11.5    Subdivision 1. Ineligible persons. The following persons shall not be entitled to
11.6possess a pistol or semiautomatic military-style assault weapon or, except for clause (1),
11.7any other firearm:
11.8(1) a person under the age of 18 years except that a person under 18 may carry or
11.9possess a pistol or semiautomatic military-style assault weapon (i) in the actual presence
11.10or under the direct supervision of the person's parent or guardian, (ii) for the purpose
11.11of military drill under the auspices of a legally recognized military organization and
11.12under competent supervision, (iii) for the purpose of instruction, competition, or target
11.13practice on a firing range approved by the chief of police or county sheriff in whose
11.14jurisdiction the range is located and under direct supervision; or (iv) if the person has
11.15successfully completed a course designed to teach marksmanship and safety with a pistol
11.16or semiautomatic military-style assault weapon and approved by the commissioner of
11.17natural resources;
11.18(2) except as otherwise provided in clause (9), a person who has been convicted of,
11.19or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing,
11.20in this state or elsewhere, a crime of violence. For purposes of this section, crime of
11.21violence includes crimes in other states or jurisdictions which would have been crimes of
11.22violence as herein defined if they had been committed in this state;
11.23(3) a person who is or has ever been committed in Minnesota or elsewhere by a
11.24judicial determination that the person is mentally ill, developmentally disabled, or mentally
11.25ill and dangerous to the public, as defined in section 253B.02, to a treatment facility, or who
11.26has ever been found incompetent to stand trial or not guilty by reason of mental illness,
11.27unless the person's ability to possess a firearm has been restored under subdivision 4;
11.28(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
11.29gross misdemeanor violation of chapter 152, unless three years have elapsed since the
11.30date of conviction and, during that time, the person has not been convicted of any other
11.31such violation of chapter 152 or a similar law of another state; or a person who is or has
11.32ever been committed by a judicial determination for treatment for the habitual use of a
11.33controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the
11.34person's ability to possess a firearm has been restored under subdivision 4;
12.1(5) a person who has been committed to a treatment facility in Minnesota or
12.2elsewhere by a judicial determination that the person is chemically dependent as defined
12.3in section 253B.02, unless the person has completed treatment or the person's ability to
12.4possess a firearm has been restored under subdivision 4. Property rights may not be abated
12.5but access may be restricted by the courts;
12.6(6) a peace officer who is informally admitted to a treatment facility pursuant to
12.7section 253B.04 for chemical dependency, unless the officer possesses a certificate from
12.8the head of the treatment facility discharging or provisionally discharging the officer from
12.9the treatment facility. Property rights may not be abated but access may be restricted
12.10by the courts;
12.11(7) a person, including a person under the jurisdiction of the juvenile court, who
12.12has been charged with committing a crime of violence and has been placed in a pretrial
12.13diversion program by the court before disposition, until the person has completed the
12.14diversion program and the charge of committing the crime of violence has been dismissed;
12.15(8) except as otherwise provided in clause (9), a person who has been convicted in
12.16another state of committing an offense similar to the offense described in section 609.224,
12.17subdivision 3 , against a family or household member or section 609.2242, subdivision
12.183 , unless three years have elapsed since the date of conviction and, during that time, the
12.19person has not been convicted of any other violation of section 609.224, subdivision 3, or
12.20609.2242, subdivision 3 , or a similar law of another state;
12.21(9) a person who has been convicted in this state or elsewhere of assaulting a family
12.22or household member and who was found by the court to have used a firearm in any way
12.23during commission of the assault is prohibited from possessing any type of firearm for the
12.24period determined by the sentencing court;
12.25(10) a person who:
12.26(i) has been convicted in any court of a crime punishable by imprisonment for a
12.27term exceeding one year;
12.28(ii) is a fugitive from justice as a result of having fled from any state to avoid
12.29prosecution for a crime or to avoid giving testimony in any criminal proceeding;
12.30(iii) is an unlawful user of any controlled substance as defined in chapter 152;
12.31(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
12.32as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
12.33the public, as defined in section 253B.02;
12.34(v) is an alien who is illegally or unlawfully in the United States;
12.35(vi) has been discharged from the armed forces of the United States under
12.36dishonorable conditions; or
13.1(vii) has renounced the person's citizenship having been a citizen of the United
13.2States; or
13.3(viii) is subject to an order for protection as described in section 518B.01,
13.4subdivision 6, paragraph (g); or
13.5(11) a person who has been convicted of the following offenses at the gross
13.6misdemeanor level, unless three years have elapsed since the date of conviction and, during
13.7that time, the person has not been convicted of any other violation of these sections: section
13.8609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults
13.9motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a
13.10child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring
13.11gun); 609.71 (riot); or 609.749 (stalking). For purposes of this paragraph, the specified
13.12gross misdemeanor convictions include crimes committed in other states or jurisdictions
13.13which would have been gross misdemeanors if conviction occurred in this state.; or
13.14(12) a person is disqualified from possessing a firearm under United States Code,
13.15title 18, section 922(g)(8) or (9), as amended through March 1, 2014.
13.16A person who issues a certificate pursuant to this section in good faith is not liable
13.17for damages resulting or arising from the actions or misconduct with a firearm committed
13.18by the individual who is the subject of the certificate.
13.19The prohibition in this subdivision relating to the possession of firearms other than
13.20pistols and semiautomatic military-style assault weapons does not apply retroactively
13.21to persons who are prohibited from possessing a pistol or semiautomatic military-style
13.22assault weapon under this subdivision before August 1, 1994.
13.23The lifetime prohibition on possessing, receiving, shipping, or transporting firearms
13.24for persons convicted or adjudicated delinquent of a crime of violence in clause (2),
13.25applies only to offenders who are discharged from sentence or court supervision for a
13.26crime of violence on or after August 1, 1993.
13.27For purposes of this section, "judicial determination" means a court proceeding
13.28pursuant to sections 253B.07 to 253B.09 or a comparable law from another state.

13.29    Sec. 6. [624.7144] ALLOWING AN INELIGIBLE PERSON ACCESS TO
13.30FIREARMS.
13.31    A person who accepts a transferred firearm from an abusing party or offender
13.32pursuant to section 260C.201, subdivision 3; section 518B.01, subdivision 6; section
13.33609.2242, subdivision 3; or section 609.749, subdivision 8, is guilty of a gross
13.34misdemeanor if the person required to transfer the firearm obtains possession of the
13.35transferred firearm while the person is prohibited from possessing firearms. It is an
14.1affirmative defense to a violation of this section that the third party who accepted the
14.2transferred firearm took reasonable precautions to ensure that the person who transferred
14.3the firearm could not access the firearm.