1.2relating to public safety; permitting violent felons to petition the Board of
1.3Pardons to have their ability to possess a firearm restored; amending Minnesota
1.4Statutes 2012, sections 242.31, subdivision 2a; 260B.245, subdivision 1;
1.5609.165, subdivisions 1a, 1b; 609A.03, subdivision 5a; 609B.611; 624.713,
1.6subdivision 2; 638.02, subdivision 1, by adding subdivisions; 638.07; repealing
1.7Minnesota Statutes 2012, section 609.165, subdivision 1d.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9    Section 1. Minnesota Statutes 2012, section 242.31, subdivision 2a, is amended to read:
1.10    Subd. 2a. Crimes of violence; ineligibility to possess firearms. The order of
1.11discharge must provide that a person who has been convicted of a crime of violence, as
1.12defined in section 624.712, subdivision 5, is not entitled to ship, transport, possess, or
1.13receive a firearm for the remainder of the person's lifetime. Any person who has received
1.14such a discharge and who thereafter has received a relief of disability under United
1.15States Code, title 18, section 925, or whose ability to possess firearms has been restored
1.16under section 609.165, subdivision 1d 638.02, subdivision 2a, shall not be subject to the
1.17restrictions of this subdivision.
1.18EFFECTIVE DATE.This section is effective the day following final enactment.

1.19    Sec. 2. Minnesota Statutes 2012, section 260B.245, subdivision 1, is amended to read:
1.20    Subdivision 1. Effect. (a) No adjudication upon the status of any child in the
1.21jurisdiction of the juvenile court shall operate to impose any of the civil disabilities
1.22imposed by conviction, nor shall any child be deemed a criminal by reason of this
1.23adjudication, nor shall this adjudication be deemed a conviction of crime, except as
1.24otherwise provided in this section or section 260B.255. An extended jurisdiction juvenile
2.1conviction shall be treated in the same manner as an adult felony criminal conviction for
2.2purposes of the Sentencing Guidelines. The disposition of the child or any evidence given
2.3by the child in the juvenile court shall not be admissible as evidence against the child in
2.4any case or proceeding in any other court, except that an adjudication may later be used to
2.5determine a proper sentence, nor shall the disposition or evidence disqualify the child in
2.6any future civil service examination, appointment, or application.
2.7(b) A person who was adjudicated delinquent for, or convicted as an extended
2.8jurisdiction juvenile of, a crime of violence as defined in section 624.712, subdivision 5, is
2.9not entitled to ship, transport, possess, or receive a firearm for the remainder of the person's
2.10lifetime. A person who has received a relief of disability under United States Code, title 18,
2.11section 925, or whose ability to possess firearms has been restored under section 609.165,
2.12subdivision 1d 638.02, subdivision 2a, is not subject to the restrictions of this subdivision.
2.13EFFECTIVE DATE.This section is effective the day following final enactment.

2.14    Sec. 3. Minnesota Statutes 2012, section 609.165, subdivision 1a, is amended to read:
2.15    Subd. 1a. Certain convicted felons ineligible to possess firearms. The order of
2.16discharge must provide that a person who has been convicted of a crime of violence, as
2.17defined in section 624.712, subdivision 5, is not entitled to ship, transport, possess, or
2.18receive a firearm for the remainder of the person's lifetime. Any person who has received
2.19such a discharge and who thereafter has received a relief of disability under United States
2.20Code, title 18, section 925, or whose ability to possess firearms has been restored under
2.21subdivision 1d section 638.02, subdivision 2a, shall not be subject to the restrictions
2.22of this subdivision.
2.23EFFECTIVE DATE.This section is effective the day following final enactment.

2.24    Sec. 4. Minnesota Statutes 2012, section 609.165, subdivision 1b, is amended to read:
2.25    Subd. 1b. Violation and penalty. (a) Any person who has been convicted of a
2.26crime of violence, as defined in section 624.712, subdivision 5, and who ships, transports,
2.27possesses, or receives a firearm, commits a felony and may be sentenced to imprisonment
2.28for not more than 15 years or to payment of a fine of not more than $30,000, or both.
2.29(b) A conviction and sentencing under this section shall be construed to bar a
2.30conviction and sentencing for a violation of section 624.713, subdivision 2.
2.31(c) The criminal penalty in paragraph (a) does not apply to any person who has
2.32received a relief of disability under United States Code, title 18, section 925, or whose
3.1ability to possess firearms has been restored under subdivision 1d section 638.02,
3.2subdivision 2a.
3.3EFFECTIVE DATE.This section is effective the day following final enactment.

3.4    Sec. 5. Minnesota Statutes 2012, section 609A.03, subdivision 5a, is amended to read:
3.5    Subd. 5a. Order concerning crimes of violence; firearms restriction. An order
3.6expunging the record of a conviction for a crime of violence as defined in section 624.712,
3.7subdivision 5 , must provide that the person is not entitled to ship, transport, possess, or
3.8receive a firearm for the remainder of the person's lifetime. Any person whose record of
3.9conviction is expunged under this section and who thereafter receives a relief of disability
3.10under United States Code, title 18, section 925, or whose ability to possess firearms has
3.11been restored under section 609.165, subdivision 1d 638.02, subdivision 2a, is not subject
3.12to the restriction in this subdivision.
3.13EFFECTIVE DATE.This section is effective the day following final enactment.

3.14    Sec. 6. Minnesota Statutes 2012, section 609B.611, is amended to read:
3.15609B.611 CRIME OF VIOLENCE; INELIGIBILITY TO POSSESS
3.16FIREARMS; RESTORATION OF CIVIL RIGHTS.
3.17(a) Under section 242.31, a person convicted of a crime of violence is not entitled to
3.18ship, transport, possess, or receive a firearm for the remainder of the person's lifetime,
3.19even after the person's civil rights have been restored, unless the exception under United
3.20States Code, title 18, section 925, or section 609.165, subdivision 1d 638.02, subdivision
3.212a, applies.
3.22(b) Under section 609.165, subdivision 1a, a person convicted of a crime of violence
3.23is not entitled to ship, transport, possess, or receive a firearm for the remainder of the
3.24person's lifetime, even after the person's civil rights have been restored.
3.25EFFECTIVE DATE.This section is effective the day following final enactment.

3.26    Sec. 7. Minnesota Statutes 2012, section 624.713, subdivision 2, is amended to read:
3.27    Subd. 2. Penalties. (a) A person named in subdivision 1, clause (1), who possesses
3.28a pistol or semiautomatic military-style assault weapon is guilty of a felony and may
3.29be sentenced to imprisonment for not more than five years or to payment of a fine of
3.30not more than $10,000, or both.
4.1(b) A person named in subdivision 1, clause (2), who possesses any type of firearm
4.2is guilty of a felony and may be sentenced to imprisonment for not more than 15 years or
4.3to payment of a fine of not more than $30,000, or both. This paragraph does not apply
4.4to any person who has received a relief of disability under United States Code, title 18,
4.5section 925, or whose ability to possess firearms has been restored under section 609.165,
4.6subdivision 1d 638.02, subdivision 2a.
4.7(c) A person named in any other clause of subdivision 1 who possesses any type of
4.8firearm is guilty of a gross misdemeanor.
4.9EFFECTIVE DATE.This section is effective the day following final enactment.

4.10    Sec. 8. Minnesota Statutes 2012, section 638.02, subdivision 1, is amended to read:
4.11    Subdivision 1. Absolute or conditional pardons; commutation of sentences. The
4.12Board of Pardons may grant an absolute or a conditional pardon, but every conditional
4.13pardon shall state the terms and conditions on which it was granted. Every pardon,
4.14restoration of firearm rights, or commutation of sentence shall be in writing and shall have
4.15no force or effect unless granted by a unanimous vote of the board duly convened.
4.16EFFECTIVE DATE.This section is effective the day following final enactment.

4.17    Sec. 9. Minnesota Statutes 2012, section 638.02, is amended by adding a subdivision
4.18to read:
4.19    Subd. 2a. Application for restoration of firearm rights. A person prohibited by
4.20state law from shipping, transporting, possessing, or receiving a firearm because of a
4.21conviction or a delinquency adjudication for committing a crime of violence, and who
4.22meets the filing and time requirements of subdivision 2, may file an application for relief
4.23with the Board of Pardons to restore the person's ability to possess, receive, ship, or
4.24transport firearms and otherwise deal with firearms.
4.25The Board of Pardons may grant the relief sought if the board determines that the
4.26person is of good character and reputation and shows good cause to do so. The application
4.27for a restoration of firearm rights, the proceedings to review an application, and the notice
4.28requirements are governed by the statutes and the rules of the board in respect to other
4.29proceedings before the board. The application shall contain any further information that
4.30the board may require.
4.31EFFECTIVE DATE.This section is effective the day following final enactment.

5.1    Sec. 10. Minnesota Statutes 2012, section 638.02, is amended by adding a subdivision
5.2to read:
5.3    Subd. 3a. Restoration of firearm rights; filing; copies sent. Upon restoring
5.4a person's firearm rights, the Board of Pardons shall file a copy of its order and the
5.5restoration with the district court of the county in which the conviction occurred, and the
5.6court shall order the person's firearm rights to be fully restored and include a copy of the
5.7restoration from the Board of Pardons in the court file. The court shall send a copy of its
5.8order and the restoration to the Bureau of Criminal Apprehension.
5.9EFFECTIVE DATE.This section is effective the day following final enactment.

5.10    Sec. 11. Minnesota Statutes 2012, section 638.07, is amended to read:
5.11638.07 RECORDS; SECRETARY.
5.12The Board of Pardons shall keep a record of every petition received, and of every
5.13pardon, reprieve, restoration of firearm rights, or commutation of sentence granted or
5.14refused, and the reasons assigned therefor, and shall have a seal, with which every pardon,
5.15reprieve, restoration of firearm rights, or commutation of sentence shall be attested. It
5.16may adopt such additional necessary and proper rules as are not inconsistent herewith.
5.17The commissioner of corrections or a designee shall be the secretary of the board. The
5.18commissioner shall have charge of and keep its records and perform such other duties as
5.19the board may from time to time direct. The commissioner is hereby authorized and
5.20empowered to serve subpoenas and other writs or processes necessary to return parole
5.21violators to prison, and to bring before the board witnesses to be heard in matters pending
5.22before it. The records and all the files shall be kept and preserved by the secretary, and
5.23shall be open to public inspection at all reasonable times.
5.24EFFECTIVE DATE.This section is effective the day following final enactment.

5.25    Sec. 12. RESTORATION OF ABILITY TO POSSESS FIREARM; PENDING.
5.26All petitions filed for relief under Minnesota Statutes 2012, section 609.165,
5.27subdivision 1d, that are pending and have not received a final judgment, shall be dismissed
5.28and any filing fees shall be refunded to the petitioner.
5.29EFFECTIVE DATE.This section is effective the day following final enactment.

5.30    Sec. 13. REPEALER.
5.31Minnesota Statutes 2012, section 609.165, subdivision 1d, is repealed.
6.1EFFECTIVE DATE.This section is effective the day following final enactment.