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 child or restrains the abusing party from engaging in other conduct that would place the
2.22child in reasonable fear of bodily injury, and (2) includes a finding that the abusing party
2.23represents a credible threat to the physical safety of the child or prohibits the abusing party
2.24from using, attempting to use, or threatening to use physical force against the child. The
2.25order shall inform the abusing party of that party's prohibited status. Except as provided
2.26in paragraph (f), 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. A law enforcement agency is
3.9not required to accept an abusing party's firearm under this paragraph.
3.10(e) An abusing party who is ordered to transfer firearms under paragraph (d) must
3.11file proof of transfer as provided for in this paragraph. If the transfer is made to a third
3.12party, the third party must sign an affidavit under oath before a notary public either
3.13acknowledging that the abusing party permanently transferred the abusing party's firearms
3.14to the third party or agreeing to temporarily store the abusing party's firearms until such
3.15time as the abusing party is legally permitted to possess firearms. The affidavit shall
3.16indicate the serial number, make, and model of all firearms transferred by the abusing
3.17party to the third party. The third party shall acknowledge in the affidavit that the third
3.18party may be held criminally and civilly responsible under section 624.7144 if the abusing
3.19party gains access to a transferred firearm while the firearm is in the custody of the third
3.20party. If the transfer is to a law enforcement agency or federally licensed firearms dealer,
3.21the law enforcement agency or federally licensed firearms dealer shall provide proof of
3.22transfer to the abusing party. The proof of transfer must specify whether the firearms were
3.23permanently or temporarily transferred and include the name of the abusing party, date of
3.24transfer, and the serial number, make, and model of all transferred firearms. The abusing
3.25party shall provide the court with a signed and notarized affidavit or proof of transfer as
3.26described in this section within two business days of the firearms transfer. The court shall
3.27seal affidavits and proofs of transfer filed pursuant to this paragraph.
3.28(f) When a court issues an order containing a firearms restriction provided for in
3.29paragraph (d), the court shall determine by a preponderance of evidence if an abusing party
3.30poses an imminent risk of causing another person substantial bodily harm. Upon a finding
3.31of imminent risk, the court shall order that the local law enforcement agency take immediate
3.32possession of all firearms in the abusing party's possession. The local law enforcement
3.33agency shall exercise due care to preserve the quality and function of the abusing party's
3.34firearms and shall return the firearms to the person upon request after the expiration of the
3.35prohibiting time period, provided the person is not otherwise prohibited from possessing
3.36firearms under state or federal law. The local law enforcement agency shall, upon written
4.1notice from the abusing party, transfer the firearms to a federally licensed firearms dealer
4.2or a third party who may lawfully receive them. Before a local law enforcement agency
4.3transfers a firearm under this paragraph, the agency shall require the third party or federally
4.4licensed firearms dealer receiving the firearm to submit an affidavit or proof of transfer that
4.5complies with the requirements for affidavits or proofs of transfer established in paragraph
4.6(e). The agency shall file all affidavits or proofs of transfer received with the court within
4.7two business days of the transfer. The court shall seal all affidavits or proofs of transfer
4.8filed pursuant to this paragraph. A federally licensed firearms dealer or third party who
4.9accepts a firearm transfer pursuant to this paragraph shall comply with paragraphs (d) and
4.10(e) as if accepting transfer from the abusing party. If the law enforcement agency does not
4.11receive written notice from the abusing party within three business days, the agency may
4.12charge a reasonable fee to store the abusing party's firearms. A law enforcement agency
4.13may establish policies for disposal of abandoned firearms, provided such policies require
4.14that the abusing party be notified via certified mail prior to disposal of abandoned firearms.

4.15    Sec. 2. Minnesota Statutes 2012, section 518B.01, subdivision 6, is amended to read:
4.16    Subd. 6. Relief by court. (a) Upon notice and hearing, the court may provide
4.17relief as follows:
4.18    (1) restrain the abusing party from committing acts of domestic abuse;
4.19    (2) exclude the abusing party from the dwelling which the parties share or from the
4.20residence of the petitioner;
4.21    (3) exclude the abusing party from a reasonable area surrounding the dwelling or
4.22residence, which area shall be described specifically in the order;
4.23    (4) award temporary custody or establish temporary parenting time with regard to
4.24minor children of the parties on a basis which gives primary consideration to the safety of
4.25the victim and the children. In addition to the primary safety considerations, the court
4.26may consider particular best interest factors that are found to be relevant to the temporary
4.27custody and parenting time award. Findings under section 257.025, 518.17, or 518.175
4.28are not required with respect to the particular best interest factors not considered by the
4.29court. If the court finds that the safety of the victim or the children will be jeopardized by
4.30unsupervised or unrestricted parenting time, the court shall condition or restrict parenting
4.31time as to time, place, duration, or supervision, or deny parenting time entirely, as needed
4.32to guard the safety of the victim and the children. The court's decision on custody and
4.33parenting time shall in no way delay the issuance of an order for protection granting other
4.34relief provided for in this section. The court must not enter a parenting plan under section
4.35518.1705 as part of an action for an order for protection;
5.1    (5) on the same basis as is provided in chapter 518 or 518A, establish temporary
5.2support for minor children or a spouse, and order the withholding of support from the
5.3income of the person obligated to pay the support according to chapter 518A;
5.4    (6) provide upon request of the petitioner counseling or other social services for the
5.5parties, if married, or if there are minor children;
5.6    (7) order the abusing party to participate in treatment or counseling services,
5.7including requiring the abusing party to successfully complete a domestic abuse
5.8counseling program or educational program under section 518B.02;
5.9    (8) award temporary use and possession of property and restrain one or both parties
5.10from transferring, encumbering, concealing, or disposing of property except in the usual
5.11course of business or for the necessities of life, and to account to the court for all such
5.12transfers, encumbrances, dispositions, and expenditures made after the order is served or
5.13communicated to the party restrained in open court;
5.14    (9) exclude the abusing party from the place of employment of the petitioner, or
5.15otherwise limit access to the petitioner by the abusing party at the petitioner's place of
5.16employment;
5.17    (10) order the abusing party to have no contact with the petitioner whether in
5.18person, by telephone, mail, or electronic mail or messaging, through a third party, or
5.19by any other means;
5.20    (11) order the abusing party to pay restitution to the petitioner;
5.21    (12) order the continuance of all currently available insurance coverage without
5.22change in coverage or beneficiary designation;
5.23    (13) order, in its discretion, other relief as it deems necessary for the protection of
5.24a family or household member, including orders or directives to the sheriff or other law
5.25enforcement or corrections officer as provided by this section;
5.26(14) direct the care, possession, or control of a pet or companion animal owned,
5.27possessed, or kept by the petitioner or respondent or a child of the petitioner or respondent;
5.28and
5.29(15) direct the respondent to refrain from physically abusing or injuring any pet or
5.30companion animal, without legal justification, known to be owned, possessed, kept, or
5.31held by either party or a minor child residing in the residence or household of either party
5.32as an indirect means of intentionally threatening the safety of such person.
5.33    (b) Any relief granted by the order for protection shall be for a period not to exceed
5.34two years, except when the court determines a longer period is appropriate. When a
5.35referee presides at the hearing on the petition, the order granting relief becomes effective
5.36upon the referee's signature.
6.1    (c) An order granting the relief authorized in paragraph (a), clause (1), may not be
6.2vacated or modified in a proceeding for dissolution of marriage or legal separation, except
6.3that the court may hear a motion for modification of an order for protection concurrently
6.4with a proceeding for dissolution of marriage upon notice of motion and motion. The
6.5notice required by court rule shall not be waived. If the proceedings are consolidated
6.6and the motion to modify is granted, a separate order for modification of an order for
6.7protection shall be issued.
6.8    (d) An order granting the relief authorized in paragraph (a), clause (2) or (3), is not
6.9voided by the admittance of the abusing party into the dwelling from which the abusing
6.10party is excluded.
6.11    (e) If a proceeding for dissolution of marriage or legal separation is pending between
6.12the parties, the court shall provide a copy of the order for protection to the court with
6.13jurisdiction over the dissolution or separation proceeding for inclusion in its file.
6.14    (f) An order for restitution issued under this subdivision is enforceable as civil
6.15judgment.
6.16(g) An order granting relief shall prohibit the abusing party from possessing firearms
6.17for the length the order is in effect if the order (1) restrains the abusing party from
6.18harassing, stalking, or threatening the petitioner or restrains the abusing party from
6.19engaging in other conduct that would place the petitioner in reasonable fear of bodily
6.20injury, and (2) includes a finding that the abusing party represents a credible threat to the
6.21physical safety of the petitioner or prohibits the abusing party from using, attempting to
6.22use, or threatening to use physical force against the petitioner. The order shall inform the
6.23abusing party of that party's prohibited status. Except as provided in paragraph (i), the
6.24court shall order the abusing party to transfer any firearms that the person possesses,
6.25within three business days, to a federally licensed firearms dealer, a law enforcement
6.26agency, or a third party who may lawfully receive them. The transfer may be permanent
6.27or temporary. A temporary firearm transfer only entitles the receiving party to possess
6.28the firearm. A temporary transfer does not transfer ownership or title. An abusing party
6.29may not transfer firearms to a third party who resides with the abusing party. If an abusing
6.30party makes a temporary transfer, a federally licensed firearms dealer or law enforcement
6.31agency may charge the abusing party a reasonable fee to store the person's firearms and
6.32may establish policies for disposal of abandoned firearms, provided such policies require
6.33that the person be notified via certified mail prior to disposal of abandoned firearms. For
6.34temporary firearms transfers under this paragraph, a law enforcement agency, federally
6.35licensed firearms dealer, or third party shall exercise due care to preserve the quality and
6.36function of the transferred firearms and shall return the transferred firearms to the person
7.1upon request after the expiration of the prohibiting time period, provided the person is not
7.2otherwise prohibited from possessing firearms under state or federal law. The return of
7.3temporarily transferred firearms to an abusing party shall comply with state and federal
7.4law. If an abusing party permanently transfers the abusing party's firearms to a law
7.5enforcement agency, the agency is not required to compensate the abusing party and may
7.6charge the abusing party a reasonable processing fee. A law enforcement agency is not
7.7required to accept an abusing party's firearm under this paragraph.
7.8(h) An abusing party who is ordered to transfer firearms under paragraph (g) must
7.9file proof of transfer as provided for in this paragraph. If the transfer is made to a third
7.10party, the third party must sign an affidavit under oath before a notary public either
7.11acknowledging that the abusing party permanently transferred the abusing party's firearms
7.12to the third party or agreeing to temporarily store the abusing party's firearms until such
7.13time as the abusing party is legally permitted to possess firearms. The affidavit shall
7.14indicate the serial number, make, and model of all firearms transferred by the abusing
7.15party to the third party. The third party shall acknowledge in the affidavit that the third
7.16party may be held criminally and civilly responsible under section 624.7144 if the abusing
7.17party gains access to a transferred firearm while the firearm is in the custody of the third
7.18party. If the transfer is to a law enforcement agency or federally licensed firearms dealer,
7.19the law enforcement agency or federally licensed firearms dealer shall provide proof of
7.20transfer to the abusing party. The proof of transfer must specify whether the firearms were
7.21permanently or temporarily transferred and include the name of the abusing party, date of
7.22transfer, and the serial number, make, and model of all transferred firearms. The abusing
7.23party shall provide the court with a signed and notarized affidavit or proof of transfer as
7.24described in this section within two business days of the firearms transfer. The court shall
7.25seal affidavits and proofs of transfer filed pursuant to this paragraph.
7.26(i) When a court issues an order containing a firearms restriction provided for in
7.27paragraph (g), the court shall determine by a preponderance of evidence if an abusing party
7.28poses an imminent risk of causing another person substantial bodily harm. Upon a finding
7.29of imminent risk, the court shall order that the local law enforcement agency take immediate
7.30possession of all firearms in the abusing party's possession. The local law enforcement
7.31agency shall exercise due care to preserve the quality and function of the abusing party's
7.32firearms and shall return the firearms to the person upon request after the expiration of the
7.33prohibiting time period, provided the person is not otherwise prohibited from possessing
7.34firearms under state or federal law. The local law enforcement agency shall, upon written
7.35notice from the abusing party, transfer the firearms to a federally licensed firearms dealer
7.36or a third party who may lawfully receive them. Before a local law enforcement agency
8.1transfers a firearm under this paragraph, the agency shall require the third party or federally
8.2licensed firearms dealer receiving the firearm to submit an affidavit or proof of transfer that
8.3complies with the requirements for affidavits or proofs of transfer established in paragraph
8.4(h). The agency shall file all affidavits or proofs of transfer received with the court within
8.5two business days of the transfer. The court shall seal all affidavits or proofs of transfer
8.6filed pursuant to this paragraph. A federally licensed firearms dealer or third party who
8.7accepts a firearm transfer pursuant to this paragraph shall comply with paragraphs (g) and
8.8(h) as if accepting transfer from the abusing party. If the law enforcement agency does not
8.9receive written notice from the abusing party within three business days, the agency may
8.10charge a reasonable fee to store the abusing party's firearms. A law enforcement agency
8.11may establish policies for disposal of abandoned firearms, provided such policies require
8.12that the abusing party be notified via certified mail prior to disposal of abandoned firearms.

8.13    Sec. 3. Minnesota Statutes 2012, section 609.2242, subdivision 3, is amended to read:
8.14    Subd. 3. Domestic assaults; firearms. (a) When a person is convicted of a violation
8.15of this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247, the court shall
8.16determine and make written findings on the record as to whether:
8.17(1) the assault was committed against a family or household member, as defined in
8.18section 518B.01, subdivision 2;
8.19(2) the defendant owns or possesses a firearm; and
8.20(3) the firearm was used in any way during the commission of the assault.
8.21(b) If the court determines that the assault was of a family or household member,
8.22and that the offender owns or possesses a firearm and used it in any way during the
8.23commission of the assault, it shall order that the firearm be summarily forfeited under
8.24section 609.5316, subdivision 3.
8.25(c) When a person is convicted of assaulting a family or household member and is
8.26determined by the court to have used a firearm in any way during commission of the assault,
8.27the court may order that the person is prohibited from possessing any type of firearm for
8.28any period longer than three years or for the remainder of the person's life. A person who
8.29violates this paragraph is guilty of a gross misdemeanor. At the time of the conviction, the
8.30court shall inform the defendant whether and for how long the defendant is prohibited from
8.31possessing a firearm and that it is a gross misdemeanor to violate this paragraph. The failure
8.32of the court to provide this information to a defendant does not affect the applicability of
8.33the firearm possession prohibition or the gross misdemeanor penalty to that defendant.
8.34(d) Except as otherwise provided in paragraph (c), when a person is convicted of a
8.35violation of this section or section 609.224 and the court determines that the victim was a
9.1family or household member, the court shall inform the defendant that the defendant is
9.2prohibited from possessing a pistol firearm for three years from the date of conviction and
9.3that it is a gross misdemeanor offense to violate this prohibition. The failure of the court
9.4to provide this information to a defendant does not affect the applicability of the pistol
9.5 firearm possession prohibition or the gross misdemeanor penalty to that defendant.
9.6(e) Except as otherwise provided in paragraph (c), a person is not entitled to possess
9.7a pistol if the person has been convicted after August 1, 1992, or a firearm if a person has
9.8been convicted on or after the effective date of this act, of domestic assault under this
9.9section or assault in the fifth degree under section 609.224 and the assault victim was a
9.10family or household member as defined in section 518B.01, subdivision 2, unless three
9.11years have elapsed from the date of conviction and, during that time, the person has not
9.12been convicted of any other violation of this section or section 609.224. Property rights
9.13may not be abated but access may be restricted by the courts. A person who possesses a
9.14pistol firearm in violation of this paragraph is guilty of a gross misdemeanor.
9.15(f) Except as otherwise provided in paragraphs (b) and (h), when a person is convicted
9.16of a violation of this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247
9.17and the court determines that the assault was against a family or household member, the
9.18court shall order the defendant to transfer any firearms that the person possesses, within
9.19three business days, to a federally licensed firearms dealer, a law enforcement agency, or a
9.20third party who may lawfully receive them. The transfer may be permanent or temporary,
9.21unless the court prohibits the person from possessing a firearm for the remainder of the
9.22person's life under paragraph (c). A temporary firearm transfer only entitles the receiving
9.23party to possess the firearm. A temporary transfer does not transfer ownership or title.
9.24A defendant may not transfer firearms to a third party who resides with the defendant.
9.25If a defendant makes a temporary transfer, a federally licensed firearms dealer or law
9.26enforcement agency may charge the defendant a reasonable fee to store the person's
9.27firearms and may establish policies for disposal of abandoned firearms, provided such
9.28policies require that the person be notified by certified mail prior to disposal of abandoned
9.29firearms. For temporary firearms transfers under this paragraph, a law enforcement agency,
9.30federally licensed firearms dealer, or third party shall exercise due care to preserve the
9.31quality and function of the transferred firearms and shall return the transferred firearms to
9.32the person upon request after the expiration of the prohibiting time period imposed under
9.33this subdivision, provided the person is not otherwise prohibited from possessing firearms
9.34under state or federal law. The return of temporarily transferred firearms to a person shall
9.35comply with state and federal law. If a defendant permanently transfers the defendant's
9.36firearms to a law enforcement agency, the agency is not required to compensate the
10.1defendant and may charge the defendant a reasonable processing fee. A law enforcement
10.2agency is not required to accept a person's firearm under this paragraph. The court shall
10.3order that the person surrender all permits to carry and purchase firearms to the sheriff.
10.4(g) A defendant who is ordered to transfer firearms under paragraph (f) must file
10.5proof of transfer as provided for in this paragraph. If the transfer is made to a third
10.6party, the third party must sign an affidavit under oath before a notary public either
10.7acknowledging that the defendant permanently transferred the defendant's firearms to
10.8the third party or agreeing to temporarily store the defendant's firearms until such time
10.9as the defendant is legally permitted to possess firearms. The affidavit shall indicate
10.10the serial number, make, and model of all firearms transferred by the defendant to the
10.11third party. The third party shall acknowledge in the affidavit that the third party may be
10.12held criminally and civilly responsible under section 624.7144 if the defendant gains
10.13access to a transferred firearm while the firearm is in the custody of the third party. If the
10.14transfer is to a law enforcement agency or federally licensed firearms dealer, the law
10.15enforcement agency or federally licensed firearms dealer shall provide proof of transfer to
10.16the defendant. The proof of transfer must specify whether the firearms were permanently
10.17or temporarily transferred and include the name of the defendant, date of transfer, and the
10.18serial number, make, and model of all transferred firearms. The defendant shall provide
10.19the court with a signed and notarized affidavit or proof of transfer as described in this
10.20section within two business days of the firearms transfer. The court shall seal affidavits
10.21and proofs of transfer filed pursuant to this paragraph.
10.22(h) When a person is convicted of a violation of this section or section 609.221,
10.23609.222, 609.223, 609.224, or 609.2247, and the court determines that the assault was
10.24against a family or household member, the court shall determine by a preponderance of
10.25the evidence if the person poses an imminent risk of causing another person substantial
10.26bodily harm. Upon a finding of imminent risk, the court shall order that the local law
10.27enforcement agency take immediate possession of all firearms in the person's possession.
10.28The local law enforcement agency shall exercise due care to preserve the quality and
10.29function of the defendant's firearms and shall return the firearms to the person upon
10.30request after the expiration of the prohibiting time period, provided the person is not
10.31otherwise prohibited from possessing firearms under state or federal law. The local law
10.32enforcement agency shall, upon written notice from the person, transfer the firearms to a
10.33federally licensed firearms dealer or a third party who may lawfully receive them. Before
10.34a local law enforcement agency transfers a firearm under this paragraph, the agency
10.35shall require the third party or federally licensed firearms dealer receiving the firearm to
10.36submit an affidavit or proof of transfer that complies with the requirements for affidavits
11.1or proofs of transfer established in paragraph (g). The agency shall file all affidavits or
11.2proofs of transfer received with the court within two business days of the transfer. The
11.3court shall seal all affidavits or proofs of transfer filed pursuant to this paragraph. A
11.4federally licensed firearms dealer or third party who accepts a firearm transfer pursuant
11.5to this paragraph shall comply with paragraphs (f) and (g) as if accepting transfer from
11.6the defendant. If the law enforcement agency does not receive written notice from the
11.7defendant within three business days, the agency may charge a reasonable fee to store the
11.8defendant's firearms. A law enforcement agency may establish policies for disposal of
11.9abandoned firearms, provided such policies require that the person be notified via certified
11.10mail prior to disposal of abandoned firearms.

11.11    Sec. 4. Minnesota Statutes 2012, section 609.749, subdivision 8, is amended to read:
11.12    Subd. 8. Stalking; firearms. (a) When a person is convicted of a stalking crime
11.13under this section and the court determines that the person used a firearm in any way
11.14during commission of the crime, the court may order that the person is prohibited from
11.15possessing any type of firearm for any period longer than three years or for the remainder
11.16of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor.
11.17At the time of the conviction, the court shall inform the defendant whether and for
11.18how long the defendant is prohibited from possessing a firearm and that it is a gross
11.19misdemeanor to violate this paragraph. The failure of the court to provide this information
11.20to a defendant does not affect the applicability of the firearm possession prohibition or the
11.21gross misdemeanor penalty to that defendant.
11.22(b) Except as otherwise provided in paragraph (a), when a person is convicted of a
11.23stalking crime under this section, the court shall inform the defendant that the defendant is
11.24prohibited from possessing a pistol firearm for three years from the date of conviction and
11.25that it is a gross misdemeanor offense to violate this prohibition. The failure of the court
11.26to provide this information to a defendant does not affect the applicability of the pistol
11.27 firearm possession prohibition or the gross misdemeanor penalty to that defendant.
11.28(c) Except as otherwise provided in paragraph (a), a person is not entitled to possess
11.29a pistol if the person has been convicted after August 1, 1996, of a stalking crime under
11.30this section, or to possess a firearm if the person has been convicted on or after the
11.31effective date of a stalking crime under this section, unless three years have elapsed from
11.32the date of conviction and, during that time, the person has not been convicted of any other
11.33violation of this section. Property rights may not be abated but access may be restricted
11.34by the courts. A person who possesses a pistol firearm in violation of this paragraph is
11.35guilty of a gross misdemeanor.
12.1(d) If the court determines that a person convicted of a stalking crime under this
12.2section owns or possesses a firearm and used it in any way during the commission of
12.3the crime, it shall order that the firearm be summarily forfeited under section 609.5316,
12.4subdivision 3 .
12.5(e) Except as otherwise provided in paragraphs (d) and (g), when a person is
12.6convicted of a stalking crime under this section, the court shall order the defendant to
12.7transfer any firearms that the person possesses, within three business days, to a federally
12.8licensed firearms dealer, a law enforcement agency, or a third party who may lawfully
12.9receive them. The transfer may be permanent or temporary. A temporary firearm transfer
12.10only entitles the receiving party to possess the firearm. A temporary transfer does not
12.11transfer ownership or title. A defendant may not transfer firearms to a third party who
12.12resides with the defendant. If a defendant makes a temporary transfer, a federally licensed
12.13firearms dealer or law enforcement agency may charge the defendant a reasonable
12.14fee to store the person's firearms and may establish policies for disposal of abandoned
12.15firearms, provided such policies require that the person be notified via certified mail
12.16prior to disposal of abandoned firearms. For temporary firearms transfers under this
12.17paragraph, a law enforcement agency, federally licensed firearms dealer, or third party
12.18shall exercise due care to preserve the quality and function of the transferred firearms and
12.19shall return the transferred firearms to the person upon request after the expiration of
12.20the prohibiting time period imposed under this subdivision, provided the person is not
12.21otherwise prohibited from possessing firearms under state or federal law. The return of
12.22temporarily transferred firearms to a defendant shall comply with state and federal law. If
12.23a defendant permanently transfers the defendant's firearms to a law enforcement agency,
12.24the agency is not required to compensate the defendant and may charge the defendant a
12.25reasonable processing fee. A law enforcement agency is not required to accept a person's
12.26firearm under this paragraph. The court shall order that the person surrender all permits to
12.27carry and purchase firearms to the sheriff.
12.28(f) A defendant who is ordered to transfer firearms under paragraph (e) must file
12.29proof of transfer as provided for in this paragraph. If the transfer is made to a third
12.30party, the third party must sign an affidavit under oath before a notary public either
12.31acknowledging that the defendant permanently transferred the defendant's firearms to
12.32the third party or agreeing to temporarily store the defendant's firearms until such time
12.33as the defendant is legally permitted to possess firearms. The affidavit shall indicate
12.34the serial number, make, and model of all firearms transferred by the defendant to the
12.35third party. The third party shall acknowledge in the affidavit that the third party may be
12.36held criminally and civilly responsible under section 624.7144 if the defendant gains
13.1access to a transferred firearm while the firearm is in the custody of the third party. If the
13.2transfer is to a law enforcement agency or federally licensed firearms dealer, the law
13.3enforcement agency or federally licensed firearms dealer shall provide proof of transfer to
13.4the defendant. The proof of transfer must specify whether the firearms were permanently
13.5or temporarily transferred and include the name of the defendant, date of transfer, and the
13.6serial number, make, and model of all transferred firearms. The defendant shall provide
13.7the court with a signed and notarized affidavit or proof of transfer as described in this
13.8section within two business days of the firearms transfer. The court shall seal affidavits
13.9and proofs of transfer filed pursuant to this paragraph.
13.10(g) When a person is convicted of a stalking crime under this section, the court
13.11shall determine by a preponderance of the evidence if the person poses an imminent risk
13.12of causing another person substantial bodily harm. Upon a finding of imminent risk, the
13.13court shall order that the local law enforcement agency take immediate possession of all
13.14firearms in the person's possession. The local law enforcement agency shall exercise due
13.15care to preserve the quality and function of the defendant's firearms and shall return the
13.16firearms to the person upon request after the expiration of the prohibiting time period,
13.17provided the person is not otherwise prohibited from possessing firearms under state or
13.18federal law. The local law enforcement agency shall, upon written notice from the person,
13.19transfer the firearms to a federally licensed firearms dealer or a third party who may
13.20lawfully receive them. Before a local law enforcement agency transfers a firearm under
13.21this paragraph, the agency shall require the third party or federally licensed firearms dealer
13.22receiving the firearm to submit an affidavit or proof of transfer that complies with the
13.23requirements for affidavits or proofs of transfer established in paragraph (f). The agency
13.24shall file all affidavits or proofs of transfer received with the court within two business
13.25days of the transfer. The court shall seal all affidavits or proofs of transfer filed pursuant to
13.26this paragraph. A federally licensed firearms dealer or third party who accepts a firearm
13.27transfer pursuant to this paragraph shall comply with paragraphs (e) and (f) as if accepting
13.28transfer from the defendant. If the law enforcement agency does not receive written notice
13.29from the defendant within three business days, the agency may charge a reasonable fee
13.30to store the defendant's firearms. A law enforcement agency may establish policies for
13.31disposal of abandoned firearms, provided such policies require that the person be notified
13.32via certified mail prior to disposal of abandoned firearms.

13.33    Sec. 5. Minnesota Statutes 2012, section 624.713, subdivision 1, is amended to read:
14.1    Subdivision 1. Ineligible persons. The following persons shall not be entitled to
14.2possess a pistol or semiautomatic military-style assault weapon or, except for clause (1),
14.3any other firearm:
14.4(1) a person under the age of 18 years except that a person under 18 may carry or
14.5possess a pistol or semiautomatic military-style assault weapon (i) in the actual presence
14.6or under the direct supervision of the person's parent or guardian, (ii) for the purpose
14.7of military drill under the auspices of a legally recognized military organization and
14.8under competent supervision, (iii) for the purpose of instruction, competition, or target
14.9practice on a firing range approved by the chief of police or county sheriff in whose
14.10jurisdiction the range is located and under direct supervision; or (iv) if the person has
14.11successfully completed a course designed to teach marksmanship and safety with a pistol
14.12or semiautomatic military-style assault weapon and approved by the commissioner of
14.13natural resources;
14.14(2) except as otherwise provided in clause (9), a person who has been convicted of,
14.15or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing,
14.16in this state or elsewhere, a crime of violence. For purposes of this section, crime of
14.17violence includes crimes in other states or jurisdictions which would have been crimes of
14.18violence as herein defined if they had been committed in this state;
14.19(3) a person who is or has ever been committed in Minnesota or elsewhere by a
14.20judicial determination that the person is mentally ill, developmentally disabled, or mentally
14.21ill and dangerous to the public, as defined in section 253B.02, to a treatment facility, or who
14.22has ever been found incompetent to stand trial or not guilty by reason of mental illness,
14.23unless the person's ability to possess a firearm has been restored under subdivision 4;
14.24(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
14.25gross misdemeanor violation of chapter 152, unless three years have elapsed since the
14.26date of conviction and, during that time, the person has not been convicted of any other
14.27such violation of chapter 152 or a similar law of another state; or a person who is or has
14.28ever been committed by a judicial determination for treatment for the habitual use of a
14.29controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the
14.30person's ability to possess a firearm has been restored under subdivision 4;
14.31(5) a person who has been committed to a treatment facility in Minnesota or
14.32elsewhere by a judicial determination that the person is chemically dependent as defined
14.33in section 253B.02, unless the person has completed treatment or the person's ability to
14.34possess a firearm has been restored under subdivision 4. Property rights may not be abated
14.35but access may be restricted by the courts;
15.1(6) a peace officer who is informally admitted to a treatment facility pursuant to
15.2section 253B.04 for chemical dependency, unless the officer possesses a certificate from
15.3the head of the treatment facility discharging or provisionally discharging the officer from
15.4the treatment facility. Property rights may not be abated but access may be restricted
15.5by the courts;
15.6(7) a person, including a person under the jurisdiction of the juvenile court, who
15.7has been charged with committing a crime of violence and has been placed in a pretrial
15.8diversion program by the court before disposition, until the person has completed the
15.9diversion program and the charge of committing the crime of violence has been dismissed;
15.10(8) except as otherwise provided in clause (9), a person who has been convicted in
15.11another state of committing an offense similar to the offense described in section 609.224,
15.12subdivision 3 , against a family or household member or section 609.2242, subdivision
15.133 , unless three years have elapsed since the date of conviction and, during that time, the
15.14person has not been convicted of any other violation of section 609.224, subdivision 3, or
15.15609.2242, subdivision 3 , or a similar law of another state;
15.16(9) a person who has been convicted in this state or elsewhere of assaulting a family
15.17or household member and who was found by the court to have used a firearm in any way
15.18during commission of the assault is prohibited from possessing any type of firearm for the
15.19period determined by the sentencing court;
15.20(10) a person who:
15.21(i) has been convicted in any court of a crime punishable by imprisonment for a
15.22term exceeding one year;
15.23(ii) is a fugitive from justice as a result of having fled from any state to avoid
15.24prosecution for a crime or to avoid giving testimony in any criminal proceeding;
15.25(iii) is an unlawful user of any controlled substance as defined in chapter 152;
15.26(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
15.27as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
15.28the public, as defined in section 253B.02;
15.29(v) is an alien who is illegally or unlawfully in the United States;
15.30(vi) has been discharged from the armed forces of the United States under
15.31dishonorable conditions; or
15.32(vii) has renounced the person's citizenship having been a citizen of the United
15.33States; or
15.34(viii) is disqualified from possessing a firearm under United States Code, title 18,
15.35section 922(g)(8) or (9), as amended through March 1, 2014; or
16.1(11) a person who has been convicted of the following offenses at the gross
16.2misdemeanor level, unless three years have elapsed since the date of conviction and, during
16.3that time, the person has not been convicted of any other violation of these sections: section
16.4609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults
16.5motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a
16.6child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring
16.7gun); 609.71 (riot); or 609.749 (stalking). For purposes of this paragraph, the specified
16.8gross misdemeanor convictions include crimes committed in other states or jurisdictions
16.9which would have been gross misdemeanors if conviction occurred in this state.;
16.10(12) a person who has been convicted of a violation of section 609.224 if the court
16.11determined that the assault was against a family or household member in accordance with
16.12section 609.2242, subdivision 8 (domestic assault), unless three years have elapsed since
16.13the date of conviction and, during that time, the person has not been convicted of another
16.14violation of section 609.224 or a violation of a section listed in clause (11); or
16.15(13) a person who is subject to an order for protection as described in section
16.16260C.201, subdivision 3, paragraph (d), or section 518B.01, subdivision 6, paragraph (g).
16.17A person who issues a certificate pursuant to this section in good faith is not liable
16.18for damages resulting or arising from the actions or misconduct with a firearm committed
16.19by the individual who is the subject of the certificate.
16.20The prohibition in this subdivision relating to the possession of firearms other than
16.21pistols and semiautomatic military-style assault weapons does not apply retroactively
16.22to persons who are prohibited from possessing a pistol or semiautomatic military-style
16.23assault weapon under this subdivision before August 1, 1994.
16.24The lifetime prohibition on possessing, receiving, shipping, or transporting firearms
16.25for persons convicted or adjudicated delinquent of a crime of violence in clause (2),
16.26applies only to offenders who are discharged from sentence or court supervision for a
16.27crime of violence on or after August 1, 1993.
16.28For purposes of this section, "judicial determination" means a court proceeding
16.29pursuant to sections 253B.07 to 253B.09 or a comparable law from another state.

16.30    Sec. 6. [624.7144] ALLOWING AN INELIGIBLE PERSON ACCESS TO
16.31FIREARMS.
16.32    A person who accepts a transferred firearm from an abusing party or offender
16.33pursuant to section 260C.201, subdivision 3; section 518B.01, subdivision 6; section
16.34609.2242, subdivision 3; or section 609.749, subdivision 8, is guilty of a gross
16.35misdemeanor if the abusing party or offender obtains possession of the transferred firearm
17.1while the person is prohibited from possessing firearms. It is an affirmative defense to a
17.2violation of this section that the third party who accepted the transferred firearm exercised
17.3due care to ensure that the abusing party or offender could not access the firearm. The
17.4third party shall not return the firearm to the abusing party or offender until the prohibiting
17.5time period imposed under section 260C.201, subdivision 3; section 518B.01, subdivision
17.66; section 609.2242, subdivision 3; or section 609.749, subdivision 8, has expired and the
17.7abusing party or offender presents a current, valid transferee permit or passes a federal
17.8background check through the National Instant Criminal Background Check System. The
17.9third party may rely on a court order describing the length of the prohibiting time period
17.10as conclusive evidence that the prohibiting time period has expired, unless otherwise
17.11notified by the court.