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. Except as provided in paragraph (f), the court shall order the abusing
2.27party to transfer any firearms that the person possesses, within three business days, to a
2.28federally licensed firearms dealer, a law enforcement agency, or a third party who may
2.29lawfully receive them. The transfer may be permanent or temporary. A temporary firearm
2.30transfer only entitles the receiving party to possess the firearm. A temporary transfer
2.31does not transfer ownership or title. An abusing party may not transfer firearms to a
2.32third party who resides with the abusing party. If an abusing party makes a temporary
2.33transfer, a federally licensed firearms dealer or law enforcement agency may charge the
2.34abusing party a reasonable fee to store the person's firearms and may establish policies
2.35for disposal of abandoned firearms, provided such policies require that the person be
2.36notified via certified mail prior to disposal of abandoned firearms. For temporary firearms
3.1transfers under this paragraph, a law enforcement agency, federally licensed firearms
3.2dealer, or third party shall exercise due care to preserve the quality and function of the
3.3transferred firearms and shall return the transferred firearms to the person upon request
3.4after the expiration of the prohibiting time period, provided the person is not otherwise
3.5prohibited from possessing firearms under state or federal law. The return of temporarily
3.6transferred firearms to an abusing party shall comply with state and federal law. If an
3.7abusing party permanently transfers the abusing party's firearms to a law enforcement
3.8agency, the agency is not required to compensate the abusing party and may charge the
3.9abusing party a reasonable processing fee.
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 if the abusing party gains access to
3.19the firearms while the firearms are in the custody of the third party. If the transfer is to a
3.20law enforcement agency or federally licensed firearms dealer, the law enforcement agency
3.21or federally licensed firearms dealer shall provide proof of transfer to the abusing party.
3.22The proof of transfer must specify whether the firearms were permanently or temporarily
3.23transferred and include the name of the abusing party, date of transfer, and the serial
3.24number, make, and model of all transferred firearms. The abusing party shall provide the
3.25court with a signed and notarized affidavit or proof of transfer as described in this section
3.26within two business days of the firearms transfer. The court shall seal affidavits and proofs
3.27of transfer filed pursuant to this paragraph.
3.28(f) Prior to issuing an order under this subdivision, the court shall determine if an
3.29abusing party poses an imminent risk of causing another person substantial bodily harm.
3.30Upon a finding of imminent risk, the court shall order that the local law enforcement
3.31agency take immediate possession of all firearms in the abusing party's possession.
3.32The local law enforcement agency shall exercise due care to preserve the quality and
3.33function of the abusing party's firearms and shall return the firearms to the person upon
3.34request after the expiration of the prohibiting time period, provided the person is not
3.35otherwise prohibited from possessing firearms under state or federal law. The local
3.36law enforcement agency shall, upon written notice from the abusing party, transfer the
4.1firearms to a federally licensed firearms dealer or a third party who may lawfully receive
4.2them. Before a local law enforcement agency transfers a firearm under this paragraph, the
4.3agency shall require the party receiving the firearm to submit an affidavit that complies
4.4with the requirements for affidavits established in paragraph (e). The agency shall file all
4.5affidavits received with the court. The court shall seal all affidavits filed pursuant to this
4.6paragraph. A law enforcement agency may establish policies for disposal of abandoned
4.7firearms, provided such policies require that the abusing party be notified via certified mail
4.8prior to disposal of abandoned firearms.

4.9    Sec. 2. Minnesota Statutes 2012, section 518B.01, subdivision 6, is amended to read:
4.10    Subd. 6. Relief by court. (a) Upon notice and hearing, the court may provide
4.11relief as follows:
4.12    (1) restrain the abusing party from committing acts of domestic abuse;
4.13    (2) exclude the abusing party from the dwelling which the parties share or from the
4.14residence of the petitioner;
4.15    (3) exclude the abusing party from a reasonable area surrounding the dwelling or
4.16residence, which area shall be described specifically in the order;
4.17    (4) award temporary custody or establish temporary parenting time with regard to
4.18minor children of the parties on a basis which gives primary consideration to the safety of
4.19the victim and the children. In addition to the primary safety considerations, the court
4.20may consider particular best interest factors that are found to be relevant to the temporary
4.21custody and parenting time award. Findings under section 257.025, 518.17, or 518.175
4.22are not required with respect to the particular best interest factors not considered by the
4.23court. If the court finds that the safety of the victim or the children will be jeopardized by
4.24unsupervised or unrestricted parenting time, the court shall condition or restrict parenting
4.25time as to time, place, duration, or supervision, or deny parenting time entirely, as needed
4.26to guard the safety of the victim and the children. The court's decision on custody and
4.27parenting time shall in no way delay the issuance of an order for protection granting other
4.28relief provided for in this section. The court must not enter a parenting plan under section
4.29518.1705 as part of an action for an order for protection;
4.30    (5) on the same basis as is provided in chapter 518 or 518A, establish temporary
4.31support for minor children or a spouse, and order the withholding of support from the
4.32income of the person obligated to pay the support according to chapter 518A;
4.33    (6) provide upon request of the petitioner counseling or other social services for the
4.34parties, if married, or if there are minor children;
5.1    (7) order the abusing party to participate in treatment or counseling services,
5.2including requiring the abusing party to successfully complete a domestic abuse
5.3counseling program or educational program under section 518B.02;
5.4    (8) award temporary use and possession of property and restrain one or both parties
5.5from transferring, encumbering, concealing, or disposing of property except in the usual
5.6course of business or for the necessities of life, and to account to the court for all such
5.7transfers, encumbrances, dispositions, and expenditures made after the order is served or
5.8communicated to the party restrained in open court;
5.9    (9) exclude the abusing party from the place of employment of the petitioner, or
5.10otherwise limit access to the petitioner by the abusing party at the petitioner's place of
5.11employment;
5.12    (10) order the abusing party to have no contact with the petitioner whether in
5.13person, by telephone, mail, or electronic mail or messaging, through a third party, or
5.14by any other means;
5.15    (11) order the abusing party to pay restitution to the petitioner;
5.16    (12) order the continuance of all currently available insurance coverage without
5.17change in coverage or beneficiary designation;
5.18    (13) order, in its discretion, other relief as it deems necessary for the protection of
5.19a family or household member, including orders or directives to the sheriff or other law
5.20enforcement or corrections officer as provided by this section;
5.21(14) direct the care, possession, or control of a pet or companion animal owned,
5.22possessed, or kept by the petitioner or respondent or a child of the petitioner or respondent;
5.23and
5.24(15) direct the respondent to refrain from physically abusing or injuring any pet or
5.25companion animal, without legal justification, known to be owned, possessed, kept, or
5.26held by either party or a minor child residing in the residence or household of either party
5.27as an indirect means of intentionally threatening the safety of such person.
5.28    (b) Any relief granted by the order for protection shall be for a period not to exceed
5.29two years, except when the court determines a longer period is appropriate. When a
5.30referee presides at the hearing on the petition, the order granting relief becomes effective
5.31upon the referee's signature.
5.32    (c) An order granting the relief authorized in paragraph (a), clause (1), may not be
5.33vacated or modified in a proceeding for dissolution of marriage or legal separation, except
5.34that the court may hear a motion for modification of an order for protection concurrently
5.35with a proceeding for dissolution of marriage upon notice of motion and motion. The
5.36notice required by court rule shall not be waived. If the proceedings are consolidated
6.1and the motion to modify is granted, a separate order for modification of an order for
6.2protection shall be issued.
6.3    (d) An order granting the relief authorized in paragraph (a), clause (2) or (3), is not
6.4voided by the admittance of the abusing party into the dwelling from which the abusing
6.5party is excluded.
6.6    (e) If a proceeding for dissolution of marriage or legal separation is pending between
6.7the parties, the court shall provide a copy of the order for protection to the court with
6.8jurisdiction over the dissolution or separation proceeding for inclusion in its file.
6.9    (f) An order for restitution issued under this subdivision is enforceable as civil
6.10judgment.
6.11(g) An order granting relief shall prohibit the abusing party from possessing firearms
6.12for the length the order is in effect if the order (1) restrains the abusing party from
6.13harassing, stalking, or threatening the abused party or restrains the abusing party from
6.14engaging in other conduct that would place the abused party in reasonable fear of bodily
6.15injury, and (2) includes a finding that the abusing party represents a credible threat to the
6.16physical safety of the abused party or prohibits the abusing party from using, attempting to
6.17use, or threatening to use physical force against the abused party. The order shall inform
6.18the abusing party of that party's prohibited status. Except as provided in paragraph (i),
6.19the court shall order the abusing party to transfer any firearms that the person possesses,
6.20within three business days, to a federally licensed firearms dealer, a law enforcement
6.21agency, or a third party who may lawfully receive them. The transfer may be permanent
6.22or temporary. A temporary firearm transfer only entitles the receiving party to possess
6.23the firearm. A temporary transfer does not transfer ownership or title. An abusing party
6.24may not transfer firearms to a third party who resides with the abusing party. If an abusing
6.25party makes a temporary transfer, a federally licensed firearms dealer or law enforcement
6.26agency may charge the abusing party a reasonable fee to store the person's firearms and
6.27may establish policies for disposal of abandoned firearms, provided such policies require
6.28that the person be notified via certified mail prior to disposal of abandoned firearms. For
6.29temporary firearms transfers under this paragraph, a law enforcement agency, federally
6.30licensed firearms dealer, or third party shall exercise due care to preserve the quality
6.31and function of the transferred firearms and shall return the transferred firearms to the
6.32person upon request after the expiration of the prohibiting time period, provided the
6.33person is not otherwise prohibited from possessing firearms under state or federal law.
6.34The return of temporarily transferred firearms to an abusing party shall comply with state
6.35and federal law. If an abusing party permanently transfers the abusing party's firearms to a
7.1law enforcement agency, the agency is not required to compensate the abusing party and
7.2may charge the abusing party a reasonable processing fee.
7.3(h) An abusing party who is ordered to transfer firearms under paragraph (g) must
7.4file proof of transfer as provided for in this paragraph. If the transfer is made to a third
7.5party, the third party must sign an affidavit under oath before a notary public either
7.6acknowledging that the abusing party permanently transferred the abusing party's firearms
7.7to the third party or agreeing to temporarily store the abusing party's firearms until such
7.8time as the abusing party is legally permitted to possess firearms. The affidavit shall
7.9indicate the serial number, make, and model of all firearms transferred by the abusing
7.10party to the third party. The third party shall acknowledge in the affidavit that the third
7.11party may be held criminally and civilly responsible if the abusing party gains access to
7.12the firearms while the firearms are in the custody of the third party. If the transfer is to a
7.13law enforcement agency or federally licensed firearms dealer, the law enforcement agency
7.14or federally licensed firearms dealer shall provide proof of transfer to the abusing party.
7.15The proof of transfer must specify whether the firearms were permanently or temporarily
7.16transferred and include the name of the abusing party, date of transfer, and the serial
7.17number, make, and model of all transferred firearms. The abusing party shall provide the
7.18court with a signed and notarized affidavit or proof of transfer as described in this section
7.19within two business days of the firearms transfer. The court shall seal affidavits and proofs
7.20of transfer filed pursuant to this paragraph.
7.21(i) Prior to issuing an order under this subdivision, the court shall determine if an
7.22abusing party poses an imminent risk of causing another person substantial bodily harm.
7.23Upon a finding of imminent risk, the court shall order that the local law enforcement
7.24agency take immediate possession of all firearms in the abusing party's possession.
7.25The local law enforcement agency shall exercise due care to preserve the quality and
7.26function of the abusing party's firearms and shall return the firearms to the person upon
7.27request after the expiration of the prohibiting time period, provided the person is not
7.28otherwise prohibited from possessing firearms under state or federal law. The local
7.29law enforcement agency shall, upon written notice from the abusing party, transfer the
7.30firearms to a federally licensed firearms dealer or a third party who may lawfully receive
7.31them. Before a local law enforcement agency transfers a firearm under this paragraph, the
7.32agency shall require the party receiving the firearm to submit an affidavit that complies
7.33with the requirements for affidavits established in paragraph (h). The agency shall file all
7.34affidavits received with the court. The court shall seal all affidavits filed pursuant to this
7.35paragraph. A law enforcement agency may establish policies for disposal of abandoned
8.1firearms, provided such policies require that the abusing party be notified via certified mail
8.2prior to disposal of abandoned firearms.

8.3    Sec. 3. Minnesota Statutes 2012, section 609.2242, subdivision 3, is amended to read:
8.4    Subd. 3. Domestic assaults; firearms. (a) When a person is convicted of a violation
8.5of this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247, the court shall
8.6determine and make written findings on the record as to whether:
8.7(1) the assault was committed against a family or household member, as defined in
8.8section 518B.01, subdivision 2;
8.9(2) the defendant owns or possesses a firearm; and
8.10(3) the firearm was used in any way during the commission of the assault.
8.11(b) If the court determines that the assault was of a family or household member,
8.12and that the offender owns or possesses a firearm and used it in any way during the
8.13commission of the assault, it shall order that the firearm be summarily forfeited under
8.14section 609.5316, subdivision 3.
8.15(c) When a person is convicted of assaulting a family or household member and is
8.16determined by the court to have used a firearm in any way during commission of the assault,
8.17the court may order that the person is prohibited from possessing any type of firearm for
8.18any period longer than three years or for the remainder of the person's life. A person who
8.19violates this paragraph is guilty of a gross misdemeanor. At the time of the conviction, the
8.20court shall inform the defendant whether and for how long the defendant is prohibited from
8.21possessing a firearm and that it is a gross misdemeanor to violate this paragraph. The failure
8.22of the court to provide this information to a defendant does not affect the applicability of
8.23the firearm possession prohibition or the gross misdemeanor penalty to that defendant.
8.24(d) Except as otherwise provided in paragraph (c), when a person is convicted of a
8.25violation of this section or section 609.224 and the court determines that the victim was a
8.26family or household member, the court shall inform the defendant that the defendant is
8.27prohibited from possessing a pistol firearm for three years from the date of conviction and
8.28that it is a gross misdemeanor offense to violate this prohibition. The failure of the court
8.29to provide this information to a defendant does not affect the applicability of the pistol
8.30 firearm possession prohibition or the gross misdemeanor penalty to that defendant.
8.31(e) Except as otherwise provided in paragraph (c), a person is not entitled to possess
8.32a pistol if the person has been convicted after August 1, 1992, or a firearm if a person has
8.33been convicted on or after the effective date of this act, of domestic assault under this
8.34section or assault in the fifth degree under section 609.224 and the assault victim was a
8.35family or household member as defined in section 518B.01, subdivision 2, unless three
9.1years have elapsed from the date of conviction and, during that time, the person has not
9.2been convicted of any other violation of this section or section 609.224. Property rights
9.3may not be abated but access may be restricted by the courts. A person who possesses a
9.4pistol firearm in violation of this paragraph is guilty of a gross misdemeanor.
9.5(f) Except as otherwise provided in paragraphs (b) and (h), when a person is
9.6convicted of a violation of this section or section 609.221, 609.222, 609.223, 609.224,
9.7or 609.2247 and the court determines that the assault was against a family or household
9.8member, the court shall order the abusing party to transfer any firearms that the person
9.9possesses, within three business days, to a federally licensed firearms dealer, a law
9.10enforcement agency, or a third party who may lawfully receive them. The transfer may
9.11be permanent or temporary, unless the court prohibits the person from possessing a
9.12firearm for the remainder of the person's life under paragraph (c). A temporary firearm
9.13transfer only entitles the receiving party to possess the firearm. A temporary transfer
9.14does not transfer ownership or title. An abusing party may not transfer firearms to a
9.15third party who resides with the abusing party. If an abusing party makes a temporary
9.16transfer, a federally licensed firearms dealer or law enforcement agency may charge the
9.17abusing party a reasonable fee to store the person's firearms and may establish policies for
9.18disposal of abandoned firearms, provided such policies require that the person be notified
9.19by certified mail prior to disposal of abandoned firearms. For temporary firearms transfers
9.20under this paragraph, a law enforcement agency, federally licensed firearms dealer, or
9.21third party shall exercise due care to preserve the quality and function of the transferred
9.22firearms and shall return the transferred firearms to the person upon request after the
9.23expiration of the prohibiting time period imposed under this subdivision, provided the
9.24person is not otherwise prohibited from possessing firearms under state or federal law.
9.25The return of temporarily transferred firearms to an abusing party shall comply with state
9.26and federal law. If an abusing party permanently transfers the abusing party's firearms to a
9.27law enforcement agency, the agency is not required to compensate the abusing party and
9.28may charge the abusing party a reasonable processing fee. The court shall order that the
9.29person surrender all permits to carry and purchase firearms to the sheriff.
9.30(g) An abusing party who is ordered to transfer firearms under paragraph (f) must
9.31file proof of transfer as provided for in this paragraph. If the transfer is made to a third
9.32party, the third party must sign an affidavit under oath before a notary public either
9.33acknowledging that the abusing party permanently transferred the abusing party's firearms
9.34to the third party or agreeing to temporarily store the abusing party's firearms until such
9.35time as the abusing party is legally permitted to possess firearms. The affidavit shall
9.36indicate the serial number, make, and model of all firearms transferred by the abusing
10.1party to the third party. The third party shall acknowledge in the affidavit that the third
10.2party may be held criminally and civilly responsible if the abusing party gains access to
10.3the firearms while the firearms are in the custody of the third party. If the transfer is to a
10.4law enforcement agency or federally licensed firearms dealer, the law enforcement agency
10.5or federally licensed firearms dealer shall provide proof of transfer to the abusing party.
10.6The proof of transfer must specify whether the firearms were permanently or temporarily
10.7transferred and include the name of the abusing party, date of transfer, and the serial
10.8number, make, and model of all transferred firearms. The abusing party shall provide the
10.9court with a signed and notarized affidavit or proof of transfer as described in this section
10.10within two business days of the firearms transfer. The court shall seal affidavits and proofs
10.11of transfer filed pursuant to this paragraph.
10.12(h) Prior to being released from custody, the court shall determine if the person poses
10.13an imminent risk of causing another person substantial bodily harm. Upon a finding of
10.14imminent risk, the court shall order that the local law enforcement agency take immediate
10.15possession of all firearms in the person's possession. The local law enforcement agency
10.16shall exercise due care to preserve the quality and function of the abusing party's firearms
10.17and shall return the firearms to the person upon request after the expiration of the
10.18prohibiting time period, provided the person is not otherwise prohibited from possessing
10.19firearms under state or federal law. The local law enforcement agency shall, upon written
10.20notice from the person, transfer the firearms to a federally licensed firearms dealer or
10.21a third party who may lawfully receive them. Before a local law enforcement agency
10.22transfers a firearm under this paragraph, the agency shall require the party receiving the
10.23firearm to submit an affidavit that complies with the requirements for affidavits established
10.24in paragraph (g). The agency shall file all affidavits received with the court. The court
10.25shall seal all affidavits filed pursuant to this paragraph. A law enforcement agency may
10.26establish policies for disposal of abandoned firearms, provided such policies require that
10.27the person be notified via certified mail prior to disposal of abandoned firearms.

10.28    Sec. 4. Minnesota Statutes 2012, section 609.749, subdivision 8, is amended to read:
10.29    Subd. 8. Stalking; firearms. (a) When a person is convicted of a stalking crime
10.30under this section and the court determines that the person used a firearm in any way
10.31during commission of the crime, the court may order that the person is prohibited from
10.32possessing any type of firearm for any period longer than three years or for the remainder
10.33of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor.
10.34At the time of the conviction, the court shall inform the defendant whether and for
10.35how long the defendant is prohibited from possessing a firearm and that it is a gross
11.1misdemeanor to violate this paragraph. The failure of the court to provide this information
11.2to a defendant does not affect the applicability of the firearm possession prohibition or the
11.3gross misdemeanor penalty to that defendant.
11.4(b) Except as otherwise provided in paragraph (a), when a person is convicted of a
11.5stalking crime under this section, the court shall inform the defendant that the defendant is
11.6prohibited from possessing a pistol firearm for three years from the date of conviction and
11.7that it is a gross misdemeanor offense to violate this prohibition. The failure of the court
11.8to provide this information to a defendant does not affect the applicability of the pistol
11.9 firearm possession prohibition or the gross misdemeanor penalty to that defendant.
11.10(c) Except as otherwise provided in paragraph (a), a person is not entitled to possess
11.11a pistol if the person has been convicted after August 1, 1996, of a stalking crime under
11.12this section, or to possess a firearm if the person has been convicted on or after the
11.13effective date of a stalking crime under this section, unless three years have elapsed from
11.14the date of conviction and, during that time, the person has not been convicted of any other
11.15violation of this section. Property rights may not be abated but access may be restricted
11.16by the courts. A person who possesses a pistol firearm in violation of this paragraph is
11.17guilty of a gross misdemeanor.
11.18(d) If the court determines that a person convicted of a stalking crime under this
11.19section owns or possesses a firearm and used it in any way during the commission of
11.20the crime, it shall order that the firearm be summarily forfeited under section 609.5316,
11.21subdivision 3 .
11.22(e) Except as otherwise provided in paragraphs (d) and (g), when a person is
11.23convicted of a stalking crime under this section, the court shall order the abusing party to
11.24transfer any firearms that the person possesses, within three business days, to a federally
11.25licensed firearms dealer, a law enforcement agency, or a third party who may lawfully
11.26receive them. The transfer may be permanent or temporary. A temporary firearm transfer
11.27only entitles the receiving party to possess the firearm. A temporary transfer does not
11.28transfer ownership or title. An abusing party may not transfer firearms to a third party
11.29who resides with the abusing party. If an abusing party makes a temporary transfer, a
11.30federally licensed firearms dealer or law enforcement agency may charge the abusing
11.31party a reasonable fee to store the person's firearms and may establish policies for disposal
11.32of abandoned firearms, provided such policies require that the person be notified via
11.33certified mail prior to disposal of abandoned firearms. For temporary firearms transfers
11.34under this paragraph, a law enforcement agency, federally licensed firearms dealer, or
11.35third party shall exercise due care to preserve the quality and function of the transferred
11.36firearms and shall return the transferred firearms to the person upon request after the
12.1expiration of the prohibiting time period imposed under this subdivision, provided the
12.2person is not otherwise prohibited from possessing firearms under state or federal law.
12.3The return of temporarily transferred firearms to an abusing party shall comply with state
12.4and federal law. If an abusing party permanently transfers the abusing party's firearms to a
12.5law enforcement agency, the agency is not required to compensate the abusing party and
12.6may charge the abusing party a reasonable processing fee. The court shall order that the
12.7person surrender all permits to carry and purchase firearms to the sheriff.
12.8(f) An abusing party who is ordered to transfer firearms under paragraph (e) must
12.9file proof of transfer as provided for in this paragraph. If the transfer is made to a third
12.10party, the third party must sign an affidavit under oath before a notary public either
12.11acknowledging that the abusing party permanently transferred the abusing party's firearms
12.12to the third party or agreeing to temporarily store the abusing party's firearms until such
12.13time as the abusing party is legally permitted to possess firearms. The affidavit shall
12.14indicate the serial number, make, and model of all firearms transferred by the abusing
12.15party to the third party. The third party shall acknowledge in the affidavit that the third
12.16party may be held criminally and civilly responsible if the abusing party gains access to
12.17the firearms while the firearms are in the custody of the third party. If the transfer is to a
12.18law enforcement agency or federally licensed firearms dealer, the law enforcement agency
12.19or federally licensed firearms dealer shall provide proof of transfer to the abusing party.
12.20The proof of transfer must specify whether the firearms were permanently or temporarily
12.21transferred and include the name of the abusing party, date of transfer, and the serial
12.22number, make, and model of all transferred firearms. The abusing party shall provide the
12.23court with a signed and notarized affidavit or proof of transfer as described in this section
12.24within two business days of the firearms transfer. The court shall seal affidavits and proofs
12.25of transfer filed pursuant to this paragraph.
12.26(g) Prior to being released from custody, the court shall determine if the person poses
12.27an imminent risk of causing another person substantial bodily harm. Upon a finding of
12.28imminent risk, the court shall order that the local law enforcement agency take immediate
12.29possession of all firearms in the person's possession. The local law enforcement agency
12.30shall exercise due care to preserve the quality and function of the abusing party's firearms
12.31and shall return the firearms to the person upon request after the expiration of the
12.32prohibiting time period, provided the person is not otherwise prohibited from possessing
12.33firearms under state or federal law. The local law enforcement agency shall, upon written
12.34notice from the person, transfer the firearms to a federally licensed firearms dealer or
12.35a third party who may lawfully receive them. Before a local law enforcement agency
12.36transfers a firearm under this paragraph, the agency shall require the party receiving the
13.1firearm to submit an affidavit that complies with the requirements for affidavits established
13.2in paragraph (f). The agency shall file all affidavits received with the court. The court
13.3shall seal all affidavits filed pursuant to this paragraph. A law enforcement agency may
13.4establish policies for disposal of abandoned firearms, provided such policies require that
13.5the person be notified via certified mail prior to disposal of abandoned firearms.

13.6    Sec. 5. Minnesota Statutes 2012, section 624.713, subdivision 1, is amended to read:
13.7    Subdivision 1. Ineligible persons. The following persons shall not be entitled to
13.8possess a pistol or semiautomatic military-style assault weapon or, except for clause (1),
13.9any other firearm:
13.10(1) a person under the age of 18 years except that a person under 18 may carry or
13.11possess a pistol or semiautomatic military-style assault weapon (i) in the actual presence
13.12or under the direct supervision of the person's parent or guardian, (ii) for the purpose
13.13of military drill under the auspices of a legally recognized military organization and
13.14under competent supervision, (iii) for the purpose of instruction, competition, or target
13.15practice on a firing range approved by the chief of police or county sheriff in whose
13.16jurisdiction the range is located and under direct supervision; or (iv) if the person has
13.17successfully completed a course designed to teach marksmanship and safety with a pistol
13.18or semiautomatic military-style assault weapon and approved by the commissioner of
13.19natural resources;
13.20(2) except as otherwise provided in clause (9), a person who has been convicted of,
13.21or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing,
13.22in this state or elsewhere, a crime of violence. For purposes of this section, crime of
13.23violence includes crimes in other states or jurisdictions which would have been crimes of
13.24violence as herein defined if they had been committed in this state;
13.25(3) a person who is or has ever been committed in Minnesota or elsewhere by a
13.26judicial determination that the person is mentally ill, developmentally disabled, or mentally
13.27ill and dangerous to the public, as defined in section 253B.02, to a treatment facility, or who
13.28has ever been found incompetent to stand trial or not guilty by reason of mental illness,
13.29unless the person's ability to possess a firearm has been restored under subdivision 4;
13.30(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
13.31gross misdemeanor violation of chapter 152, unless three years have elapsed since the
13.32date of conviction and, during that time, the person has not been convicted of any other
13.33such violation of chapter 152 or a similar law of another state; or a person who is or has
13.34ever been committed by a judicial determination for treatment for the habitual use of a
14.1controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the
14.2person's ability to possess a firearm has been restored under subdivision 4;
14.3(5) a person who has been committed to a treatment facility in Minnesota or
14.4elsewhere by a judicial determination that the person is chemically dependent as defined
14.5in section 253B.02, unless the person has completed treatment or the person's ability to
14.6possess a firearm has been restored under subdivision 4. Property rights may not be abated
14.7but access may be restricted by the courts;
14.8(6) a peace officer who is informally admitted to a treatment facility pursuant to
14.9section 253B.04 for chemical dependency, unless the officer possesses a certificate from
14.10the head of the treatment facility discharging or provisionally discharging the officer from
14.11the treatment facility. Property rights may not be abated but access may be restricted
14.12by the courts;
14.13(7) a person, including a person under the jurisdiction of the juvenile court, who
14.14has been charged with committing a crime of violence and has been placed in a pretrial
14.15diversion program by the court before disposition, until the person has completed the
14.16diversion program and the charge of committing the crime of violence has been dismissed;
14.17(8) except as otherwise provided in clause (9), a person who has been convicted in
14.18another state of committing an offense similar to the offense described in section 609.224,
14.19subdivision 3 , against a family or household member or section 609.2242, subdivision
14.203 , unless three years have elapsed since the date of conviction and, during that time, the
14.21person has not been convicted of any other violation of section 609.224, subdivision 3, or
14.22609.2242, subdivision 3 , or a similar law of another state;
14.23(9) a person who has been convicted in this state or elsewhere of assaulting a family
14.24or household member and who was found by the court to have used a firearm in any way
14.25during commission of the assault is prohibited from possessing any type of firearm for the
14.26period determined by the sentencing court;
14.27(10) a person who:
14.28(i) has been convicted in any court of a crime punishable by imprisonment for a
14.29term exceeding one year;
14.30(ii) is a fugitive from justice as a result of having fled from any state to avoid
14.31prosecution for a crime or to avoid giving testimony in any criminal proceeding;
14.32(iii) is an unlawful user of any controlled substance as defined in chapter 152;
14.33(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
14.34as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
14.35the public, as defined in section 253B.02;
14.36(v) is an alien who is illegally or unlawfully in the United States;
15.1(vi) has been discharged from the armed forces of the United States under
15.2dishonorable conditions; or
15.3(vii) has renounced the person's citizenship having been a citizen of the United
15.4States; or
15.5(viii) is subject to an order for protection as described in section 518B.01,
15.6subdivision 6, paragraph (g); or
15.7(11) a person who has been convicted of the following offenses at the gross
15.8misdemeanor level, unless three years have elapsed since the date of conviction and, during
15.9that time, the person has not been convicted of any other violation of these sections: section
15.10609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults
15.11motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a
15.12child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring
15.13gun); 609.71 (riot); or 609.749 (stalking). For purposes of this paragraph, the specified
15.14gross misdemeanor convictions include crimes committed in other states or jurisdictions
15.15which would have been gross misdemeanors if conviction occurred in this state.; or
15.16(12) a person is disqualified from possessing a firearm under United States Code,
15.17title 18, section 922(g)(8) or (9), as amended through March 1, 2014.
15.18A person who issues a certificate pursuant to this section in good faith is not liable
15.19for damages resulting or arising from the actions or misconduct with a firearm committed
15.20by the individual who is the subject of the certificate.
15.21The prohibition in this subdivision relating to the possession of firearms other than
15.22pistols and semiautomatic military-style assault weapons does not apply retroactively
15.23to persons who are prohibited from possessing a pistol or semiautomatic military-style
15.24assault weapon under this subdivision before August 1, 1994.
15.25The lifetime prohibition on possessing, receiving, shipping, or transporting firearms
15.26for persons convicted or adjudicated delinquent of a crime of violence in clause (2),
15.27applies only to offenders who are discharged from sentence or court supervision for a
15.28crime of violence on or after August 1, 1993.
15.29For purposes of this section, "judicial determination" means a court proceeding
15.30pursuant to sections 253B.07 to 253B.09 or a comparable law from another state.

15.31    Sec. 6. [624.7144] ALLOWING AN INELIGIBLE PERSON ACCESS TO
15.32FIREARMS.
15.33    A person who accepts a transferred firearm from an abusing party or offender
15.34pursuant to section 260C.201, subdivision 3; section 518B.01, subdivision 6; section
15.35609.2242, subdivision 3; or section 609.749, subdivision 8, is guilty of a gross
16.1misdemeanor if the person required to transfer the firearm obtains possession of the
16.2transferred firearm while the person is prohibited from possessing firearms. It is an
16.3affirmative defense to a violation of this section that the third party who accepted the
16.4transferred firearm took reasonable precautions to ensure that the person who transferred
16.5the firearm could not access the firearm.