1.2relating to public safety; providing for the transfer of civil commitment data to a
1.3federal background check system; modifying the lawful possession and transfer
1.4of firearms;amending Minnesota Statutes 2012, sections 253B.24; 299C.17;
1.5624.712, subdivision 5, by adding a subdivision; 624.713, subdivisions 1, 2;
1.6proposing coding for new law in Minnesota Statutes, chapter 624.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8    Section 1. Minnesota Statutes 2012, section 253B.24, is amended to read:
1.9253B.24 TRANSMITTAL OF DATA TO NATIONAL INSTANT CRIMINAL
1.10BACKGROUND CHECK SYSTEM.
1.11(a) When a court:
1.12(1) commits a person under this chapter as being mentally ill, developmentally
1.13disabled, mentally ill and dangerous, or chemically dependent;
1.14(2) determines in a criminal case that a person is incompetent to stand trial or not
1.15guilty by reason of mental illness; or
1.16(3) restores a person's ability to possess a firearm under section 609.165, subdivision
1.171d , or 624.713, subdivision 4,
1.18the court shall ensure that this information is electronically transmitted as soon as
1.19practicable within three business days to the National Instant Criminal Background
1.20Check System.
1.21(b) No later than January 1, 2014, the state court administrator must transfer to
1.22the National Instant Criminal Background Check System, in electronic data format, the
1.23name and type of commitment for persons who were civilly committed under this chapter
1.24since August 1, 2005.
2.1(c) No later than July 1, 2015, the state court administrator must transfer to the
2.2National Instant Criminal Background Check System, in electronic data format, the name
2.3and type of commitment for persons who were civilly committed under this chapter since
2.4August 1, 1994.

2.5    Sec. 2. Minnesota Statutes 2012, section 299C.17, is amended to read:
2.6299C.17 REPORT BY COURT ADMINISTRATOR.
2.7The superintendent shall have power to require the court administrator of any
2.8county of every court which sentences a defendant for a felony, gross misdemeanor, or
2.9targeted misdemeanor to file with the department, at such time as the superintendent may
2.10designate, electronically transmit within three business days of the disposition of the
2.11case a report, upon such in a form as prescribed by the superintendent may prescribe,
2.12furnishing such providing information as required by the superintendent may require with
2.13regard to the prosecution and disposition of criminal cases. A copy of the report shall be
2.14kept on file in the office of the court administrator.

2.15    Sec. 3. Minnesota Statutes 2012, section 624.712, subdivision 5, is amended to read:
2.16    Subd. 5. Crime of violence. "Crime of violence" means: felony convictions of
2.17the following offenses: sections 609.185 (murder in the first degree); 609.19 (murder
2.18in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in
2.19the first degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide
2.20and aiding attempted suicide); 609.221 (assault in the first degree); 609.222 (assault
2.21in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the
2.22fourth degree); 609.224, subdivision 4 (felony assault in the fifth degree); 609.2242,
2.23subdivision 4 (felony domestic assault); 609.2247 (domestic assault by strangulation);
2.24 609.229 (crimes committed for the benefit of a gang); 609.235 (use of drugs to injure
2.25or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25
2.26(kidnapping); 609.255 (false imprisonment); 609.322 (solicitation, inducement, and
2.27promotion of prostitution; sex trafficking); 609.342 (criminal sexual conduct in the first
2.28degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual
2.29conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree);
2.30609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);
2.31609.486 (commission of crime while wearing or possessing a bullet-resistant vest);
2.32609.52 (involving theft of a firearm, theft involving the intentional taking or driving of a
2.33motor vehicle without the consent of the owner or authorized agent of the owner, theft
2.34involving the taking of property from a burning, abandoned, or vacant building, or from
3.1an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle,
3.2and theft involving the theft of a controlled substance, an explosive, or an incendiary
3.3device); 609.561 (arson in the first degree); 609.562 (arson in the second degree); 609.582,
3.4subdivision 1 , 2, or 3 (burglary in the first through third degrees); 609.66, subdivision 1e
3.5(drive-by shooting); 609.67 (unlawfully owning, possessing, operating a machine gun or
3.6short-barreled shotgun); 609.71 (riot); 609.713 (terroristic threats); 609.749 (stalking);
3.7609.855, subdivision 5 (shooting at a public transit vehicle or facility); and chapter 152
3.8(drugs, controlled substances); and an attempt to commit any of these offenses. The term
3.9also includes a second or subsequent conviction or delinquency adjudication for a violation
3.10of section 624.713, subdivision 2, paragraph (a) (certain juveniles not to possess firearms).
3.11EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
3.12committed on or after that date.

3.13    Sec. 4. Minnesota Statutes 2012, section 624.712, is amended by adding a subdivision
3.14to read:
3.15    Subd. 12. Ammunition. "Ammunition" means ammunition or cartridge cases,
3.16primers, bullets, or propellent powder designed for use in any firearm.
3.17EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
3.18committed on or after that date.

3.19    Sec. 5. Minnesota Statutes 2012, section 624.713, subdivision 1, is amended to read:
3.20    Subdivision 1. Ineligible persons. The following persons shall not be entitled to
3.21possess ammunition or a pistol or semiautomatic military-style assault weapon or, except
3.22for clause (1), any other firearm:
3.23(1) a person under the age of 18 years except that a person under 18 may possess
3.24ammunition designed for use in a firearm that the person may lawfully possess and may
3.25carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual
3.26presence or under the direct supervision of the person's parent or guardian, (ii) for the
3.27purpose of military drill under the auspices of a legally recognized military organization
3.28and under competent supervision, (iii) for the purpose of instruction, competition, or target
3.29practice on a firing range approved by the chief of police or county sheriff in whose
3.30jurisdiction the range is located and under direct supervision; or (iv) if the person has
3.31successfully completed a course designed to teach marksmanship and safety with a pistol
3.32or semiautomatic military-style assault weapon and approved by the commissioner of
3.33natural resources;
4.1(2) except as otherwise provided in clause (9), a person who has been convicted of,
4.2or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing,
4.3in this state or elsewhere, a crime of violence. For purposes of this section, crime of
4.4violence includes crimes in other states or jurisdictions which would have been crimes of
4.5violence as herein defined if they had been committed in this state;
4.6(3) a person who is or has ever been ordered committed in Minnesota or elsewhere
4.7by a judicial determination that the person is mentally ill, developmentally disabled, or
4.8mentally ill and dangerous to the public, as defined in section 253B.02, to a treatment
4.9facility, whether or not the order was stayed, or who has ever been found incompetent to
4.10stand trial or not guilty by reason of mental illness, unless the person's ability to possess a
4.11firearm and ammunition has been restored under subdivision 4;
4.12(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
4.13gross misdemeanor violation of chapter 152, unless three years have elapsed since the
4.14date of conviction and, during that time, the person has not been convicted of any other
4.15such violation of chapter 152 or a similar law of another state; or a person who is or has
4.16ever been committed by a judicial determination for treatment for the habitual use of a
4.17controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the
4.18person's ability to possess a firearm and ammunition has been restored under subdivision 4;
4.19(5) a person who is or has ever been committed to a treatment facility in Minnesota
4.20or elsewhere by a judicial determination that the person is chemically dependent as defined
4.21in section 253B.02, unless the person has completed treatment or the person's ability to
4.22possess a firearm and ammunition has been restored under subdivision 4. Property rights
4.23may not be abated but access may be restricted by the courts;
4.24(6) a peace officer who is informally admitted to a treatment facility pursuant to
4.25section 253B.04 for chemical dependency, unless the officer possesses a certificate from
4.26the head of the treatment facility discharging or provisionally discharging the officer from
4.27the treatment facility. Property rights may not be abated but access may be restricted
4.28by the courts;
4.29(7) a person, including a person under the jurisdiction of the juvenile court, who
4.30has been charged with committing a crime of violence and has been placed in a pretrial
4.31diversion program by the court before disposition, until the person has completed the
4.32diversion program and the charge of committing the crime of violence has been dismissed;
4.33(8) except as otherwise provided in clause (9), a person who has been convicted in
4.34another state of committing an offense similar to the offense described in section 609.224,
4.35subdivision 3 , against a family or household member or section 609.2242, subdivision
4.363 , unless three years have elapsed since the date of conviction and, during that time, the
5.1person has not been convicted of any other violation of section 609.224, subdivision 3, or
5.2609.2242, subdivision 3 , or a similar law of another state;
5.3(9) a person who has been convicted in this state or elsewhere of assaulting a family
5.4or household member and who was found by the court to have used a firearm in any way
5.5during commission of the assault is prohibited from possessing any type of firearm or
5.6ammunition for the period determined by the sentencing court;
5.7(10) a person who:
5.8(i) has been convicted in any court of a crime punishable by imprisonment for a
5.9term exceeding one year;
5.10(ii) is a fugitive from justice as a result of having fled from any state to avoid
5.11prosecution for a crime or to avoid giving testimony in any criminal proceeding;
5.12(iii) is an unlawful user of any controlled substance as defined in chapter 152;
5.13(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
5.14as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
5.15the public, as defined in section 253B.02;
5.16(v) is an alien who is illegally or unlawfully in the United States;
5.17(vi) has been discharged from the armed forces of the United States under
5.18dishonorable conditions; or
5.19(vii) has renounced the person's citizenship having been a citizen of the United States;
5.20 or
5.21(11) a person who has been convicted of the following offenses at the gross
5.22misdemeanor level, unless three years have elapsed since the date of conviction and, during
5.23that time, the person has not been convicted of any other violation of these sections: section
5.24609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults
5.25motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a
5.26child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring
5.27gun); 609.71 (riot); or 609.749 (stalking). For purposes of this paragraph, the specified
5.28gross misdemeanor convictions include crimes committed in other states or jurisdictions
5.29which would have been gross misdemeanors if conviction occurred in this state.
5.30A person who issues a certificate pursuant to this section in good faith is not
5.31liable for damages resulting or arising from the actions or misconduct with a firearm or
5.32ammunition committed by the individual who is the subject of the certificate.
5.33The prohibition in this subdivision relating to the possession of firearms other than
5.34pistols and semiautomatic military-style assault weapons does not apply retroactively
5.35to persons who are prohibited from possessing a pistol or semiautomatic military-style
5.36assault weapon under this subdivision before August 1, 1994.
6.1The lifetime prohibition on possessing, receiving, shipping, or transporting firearms
6.2 and ammunition for persons convicted or adjudicated delinquent of a crime of violence
6.3in clause (2), applies only to offenders who are discharged from sentence or court
6.4supervision for a crime of violence on or after August 1, 1993.
6.5For purposes of this section, "judicial determination" means a court proceeding
6.6pursuant to sections 253B.07 to 253B.09 or a comparable law from another state.
6.7EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
6.8committed on or after that date.

6.9    Sec. 6. Minnesota Statutes 2012, section 624.713, subdivision 2, is amended to read:
6.10    Subd. 2. Penalties. (a) A person named in subdivision 1, clause (1), who possesses
6.11ammunition, or a pistol or semiautomatic military-style assault weapon is guilty of a
6.12felony and may be sentenced to imprisonment for not more than five years or to payment
6.13of a fine of not more than $10,000, or both.
6.14(b) A person named in subdivision 1, clause (2), who possesses any type of firearm
6.15 or ammunition is guilty of a felony and may be sentenced to imprisonment for not more
6.16than 15 years or to payment of a fine of not more than $30,000, or both. This paragraph
6.17does not apply to any person who has received a relief of disability under United States
6.18Code, title 18, section 925, or whose ability to possess firearms and ammunition has been
6.19restored under section 609.165, subdivision 1d.
6.20(c) A person named in any other clause of subdivision 1 who possesses any type of
6.21firearm or ammunition is guilty of a gross misdemeanor.
6.22(d) A person is criminally liable for a crime committed by another under this section
6.23if the person intentionally assists, advises, hires, counsels, commands, or otherwise
6.24procures the other to commit the crime.
6.25EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
6.26committed on or after that date.

6.27    Sec. 7. [624.7133] GUN SHOWS; TRANSFERS OF PISTOLS AND
6.28SEMIAUTOMATIC MILITARY-STYLE ASSAULT WEAPONS.
6.29    Subdivision 1. Definitions. For the purposes of this section, "gun show" means the
6.30entire premises open to the public for an event or function, that is sponsored and has the
6.31primary purpose of facilitating the purchase, sale, or offer for sale, of firearms at which 25
6.32or more firearms are offered for transfer, and ten or more persons are offering one or more
7.1firearms for transfer. The "entire premises" includes, but is not limited to, parking areas
7.2and areas open to the public that are used by attendees during the event or function.
7.3    Subd. 2. Transfers; proof of eligibility required. (a) No person shall transfer a
7.4pistol or semiautomatic military-style assault weapon at a gun show unless the transferor
7.5or the transferee is a federally licensed firearms dealer except as provided in this section.
7.6(b) When two parties, neither of whom is a federally licensed firearms dealer,
7.7desire to transfer a pistol or semiautomatic military-style assault weapon at a gun
7.8show, the transferee must present the transferor a valid permit to purchase issued under
7.9section 624.7131 or a valid permit to carry a pistol issued under section 624.714 prior to
7.10completing the transfer.
7.11    Subd. 3. Exclusion. This section does not apply to transfers of antique firearms as
7.12defined in section 624.712, subdivision 3.
7.13EFFECTIVE DATE.This section is effective August 1, 2013.