1.1A bill for an act
1.2relating to public safety; modifying the lawful possession of firearms;amending
1.3Minnesota Statutes 2012, sections 624.712, subdivision 5, by adding a
1.4subdivision; 624.713, subdivision 1, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2012, section 624.712, subdivision 5, is amended to read:
1.7    Subd. 5. Crime of violence. "Crime of violence" means: felony convictions of the
1.8following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in
1.9the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the
1.10first degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide and
1.11aiding attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the
1.12second degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth
1.13degree); 609.224, subdivision 4 (felony assault in the fifth degree); 609.2242, subdivision
1.144 (felony domestic assault); 609.2247 (domestic assault by strangulation); 609.229 (crimes
1.15committed for the benefit of a gang); 609.235 (use of drugs to injure or facilitate crime);
1.16609.24 (simple robbery); 609.245 (aggravated robbery); 609.25 (kidnapping); 609.255
1.17(false imprisonment); 609.322 (solicitation, inducement, and promotion of prostitution; sex
1.18trafficking); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal sexual
1.19conduct in the second degree); 609.344 (criminal sexual conduct in the third degree);
1.20609.345 (criminal sexual conduct in the fourth degree); 609.377 (malicious punishment of
1.21a child); 609.378 (neglect or endangerment of a child); 609.486 (commission of crime
1.22while wearing or possessing a bullet-resistant vest); 609.52 (involving theft of a firearm,
1.23theft involving the intentional taking or driving of a motor vehicle without the consent
1.24of the owner or authorized agent of the owner, theft involving the taking of property
2.1from a burning, abandoned, or vacant building, or from an area of destruction caused by
2.2civil disaster, riot, bombing, or the proximity of battle, and theft involving the theft of a
2.3controlled substance, an explosive, or an incendiary device); 609.561 (arson in the first
2.4degree); 609.562 (arson in the second degree); 609.582, subdivision 1, 2, or 3 (burglary
2.5in the first through third degrees); 609.66, subdivision 1e (drive-by shooting); 609.67
2.6(unlawfully owning, possessing, operating a machine gun or short-barreled shotgun);
2.7609.71 (riot); 609.713 (terroristic threats); 609.749 (stalking); 609.855, subdivision 5
2.8(shooting at a public transit vehicle or facility); 624.713, subdivision 1, clause (1) (certain
2.9persons not to possess firearms, ineligible persons, juveniles); and chapter 152 (drugs,
2.10controlled substances); and an attempt to commit any of these offenses.

2.11    Sec. 2. Minnesota Statutes 2012, section 624.712, is amended by adding a subdivision
2.12to read:
2.13    Subd. 12. Ammunition. "Ammunition" means ammunition or cartridge cases,
2.14primers, bullets, or propellent powder designed for use in any firearm.

2.15    Sec. 3. Minnesota Statutes 2012, section 624.713, subdivision 1, is amended to read:
2.16    Subdivision 1. Ineligible persons. The following persons shall not be entitled to
2.17possess ammunition or a pistol or semiautomatic military-style assault weapon or, except
2.18for clause (1), any other firearm:
2.19(1) a person under the age of 18 years except that a person under 18 may possess
2.20ammunition designed for use in a firearm that the person may lawfully possess and may
2.21carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual
2.22presence or under the direct supervision of the person's parent or guardian, (ii) for the
2.23purpose of military drill under the auspices of a legally recognized military organization
2.24and under competent supervision, (iii) for the purpose of instruction, competition, or target
2.25practice on a firing range approved by the chief of police or county sheriff in whose
2.26jurisdiction the range is located and under direct supervision; or (iv) if the person has
2.27successfully completed a course designed to teach marksmanship and safety with a pistol
2.28or semiautomatic military-style assault weapon and approved by the commissioner of
2.29natural resources;
2.30(2) except as otherwise provided in clause (9), a person who has been convicted of,
2.31or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing,
2.32in this state or elsewhere, a crime of violence. For purposes of this section, crime of
2.33violence includes crimes in other states or jurisdictions which would have been crimes of
2.34violence as herein defined if they had been committed in this state;
3.1(3) a person who is or has ever been ordered committed in Minnesota or elsewhere
3.2by a judicial determination that the person is mentally ill, developmentally disabled, or
3.3mentally ill and dangerous to the public, as defined in section 253B.02, to a treatment
3.4facility, whether or not the order was stayed, or who has ever been found incompetent to
3.5stand trial or not guilty by reason of mental illness, unless the person's ability to possess a
3.6firearm has been restored under subdivision 4;
3.7(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
3.8gross misdemeanor violation of chapter 152, unless three years have elapsed since the
3.9date of conviction and, during that time, the person has not been convicted of any other
3.10such violation of chapter 152 or a similar law of another state; or a person who is or has
3.11ever been committed by a judicial determination for treatment for the habitual use of a
3.12controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the
3.13person's ability to possess a firearm has been restored under subdivision 4;
3.14(5) a person who has been committed to a treatment facility in Minnesota or
3.15elsewhere by a judicial determination that the person is chemically dependent as defined
3.16in section 253B.02, unless the person has completed treatment or the person's ability to
3.17possess a firearm has been restored under subdivision 4. Property rights may not be abated
3.18but access may be restricted by the courts;
3.19(6) a peace officer who is informally admitted to a treatment facility pursuant to
3.20section 253B.04 for chemical dependency, unless the officer possesses a certificate from
3.21the head of the treatment facility discharging or provisionally discharging the officer from
3.22the treatment facility. Property rights may not be abated but access may be restricted
3.23by the courts;
3.24(7) a person, including a person under the jurisdiction of the juvenile court, who
3.25has been charged with committing a crime of violence and has been placed in a pretrial
3.26diversion program by the court before disposition, until the person has completed the
3.27diversion program and the charge of committing the crime of violence has been dismissed;
3.28(8) except as otherwise provided in clause (9), a person who has been convicted in
3.29another state of committing an offense similar to the offense described in section 609.224,
3.30subdivision 3
, against a family or household member or section 609.2242, subdivision
3.313
, unless three years have elapsed since the date of conviction and, during that time, the
3.32person has not been convicted of any other violation of section 609.224, subdivision 3, or
3.33609.2242, subdivision 3 , or a similar law of another state;
3.34(9) a person who has been convicted in this state or elsewhere of assaulting a family
3.35or household member and who was found by the court to have used a firearm in any way
4.1during commission of the assault is prohibited from possessing any type of firearm for the
4.2period determined by the sentencing court;
4.3(10) a person who:
4.4(i) has been convicted in any court of a crime punishable by imprisonment for a
4.5term exceeding one year;
4.6(ii) is a fugitive from justice as a result of having fled from any state to avoid
4.7prosecution for a crime or to avoid giving testimony in any criminal proceeding;
4.8(iii) is an unlawful user of any controlled substance as defined in chapter 152;
4.9(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
4.10as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
4.11the public, as defined in section 253B.02;
4.12(v) is an alien who is illegally or unlawfully in the United States;
4.13(vi) has been discharged from the armed forces of the United States under
4.14dishonorable conditions; or
4.15(vii) has renounced the person's citizenship having been a citizen of the United
4.16States; or
4.17(11) a person who has been convicted of the following offenses at the gross
4.18misdemeanor level, unless three years have elapsed since the date of conviction and, during
4.19that time, the person has not been convicted of any other violation of these sections: section
4.20609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults
4.21motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a
4.22child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring
4.23gun); 609.71 (riot); or 609.749 (stalking). For purposes of this paragraph, the specified
4.24gross misdemeanor convictions include crimes committed in other states or jurisdictions
4.25which would have been gross misdemeanors if conviction occurred in this state.
4.26A person who issues a certificate pursuant to this section in good faith is not liable
4.27for damages resulting or arising from the actions or misconduct with a firearm committed
4.28by the individual who is the subject of the certificate.
4.29The prohibition in this subdivision relating to the possession of firearms other than
4.30pistols and semiautomatic military-style assault weapons does not apply retroactively
4.31to persons who are prohibited from possessing a pistol or semiautomatic military-style
4.32assault weapon under this subdivision before August 1, 1994.
4.33The lifetime prohibition on possessing, receiving, shipping, or transporting firearms
4.34for persons convicted or adjudicated delinquent of a crime of violence in clause (2),
4.35applies only to offenders who are discharged from sentence or court supervision for a
4.36crime of violence on or after August 1, 1993.
5.1For purposes of this section, "judicial determination" means a court proceeding
5.2pursuant to sections 253B.07 to 253B.09 or a comparable law from another state.

5.3    Sec. 4. Minnesota Statutes 2012, section 624.713, is amended by adding a subdivision
5.4to read:
5.5    Subd. 5. Aiding and abetting. A person is criminally liable for a violation
5.6committed by another under this section if the person aids or abets the violation within
5.7the meaning of section 609.05.