1.1Senator .................... moves to amend S.F. No. 458 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2012, section 241.301, is amended to read:
1.4241.301 FINGERPRINTS OF INMATES, PAROLEES, AND PROBATIONERS
1.5FROM OTHER STATES.
1.6    The commissioner of corrections shall establish procedures so that whenever this
1.7state receives an inmate, parolee, or probationer from another state under sections 241.28
1.8to 241.30 or 243.1605, fingerprints and thumbprints of the inmate, parolee, or probationer
1.9are obtained and forwarded to the Bureau of Criminal Apprehension. by electronic entry
1.10into a Bureau of Criminal Apprehension-managed or federal searchable database within
1.1124 hours of receipt. The bureau shall convert the fingerprints and thumbprints into an
1.12electronic format for entry into the appropriate searchable database within 72 hours of
1.13receipt if the data is not entered by the commissioner.

1.14    Sec. 2. Minnesota Statutes 2012, section 245.041, is amended to read:
1.15245.041 PROVISION OF FIREARMS AND EXPLOSIVES BACKGROUND
1.16CHECK INFORMATION.
1.17Notwithstanding section 253B.23, subdivision 9, the commissioner of human
1.18services shall provide commitment information to local law enforcement agencies on an
1.19individual request basis by means of electronic data transfer from the Department of
1.20Human Services through the Minnesota Crime Information System and the National
1.21Instant Criminal Background Check System for the sole purpose of facilitating a firearms
1.22background check under section 624.7131, 624.7132, or 624.714, or an explosives
1.23background check under section 299F.73, 299F.74, 299F.75, 299F.77, or 299F.785. The
1.24information to be provided is limited to whether the person has been committed under
1.25chapter 253B and, if so, the type of commitment. No later than August 1, 2013, the
1.26commissioner must make available in electronic data format the commitment information
1.27required by this section for commitments occurring since August 1, 1994.
1.28EFFECTIVE DATE.This section is effective the day following final enactment.

1.29    Sec. 3. Minnesota Statutes 2012, section 253B.24, is amended to read:
1.30253B.24 TRANSMITTAL OF DATA TO NATIONAL INSTANT CRIMINAL
1.31BACKGROUND CHECK SYSTEM.
1.32When a court:
2.1(1) commits a person under this chapter as being mentally ill, developmentally
2.2disabled, mentally ill and dangerous, or chemically dependent;
2.3(2) determines in a criminal case that a person is incompetent to stand trial or not
2.4guilty by reason of mental illness; or
2.5(3) restores a person's ability to possess a firearm under section 609.165, subdivision
2.61d , or 624.713, subdivision 4,
2.7the court shall ensure that this information is electronically transmitted as soon as
2.8practicable within 24 hours to the National Instant Criminal Background Check System.

2.9    Sec. 4. [299C.089] INFORMATION RECEIVED BY BUREAU.
2.10Within 72 hours of receipt of data, the bureau shall convert into an electronic format
2.11for entry into the appropriate searchable database all data received from a criminal justice
2.12agency that is not electronically entered by that agency into a bureau-managed or federal
2.13searchable database. For the purposes of this section, "criminal justice agency" has the
2.14meaning given under section 299C.46, subdivision 2.

2.15    Sec. 5. Minnesota Statutes 2012, section 299C.10, subdivision 1, is amended to read:
2.16    Subdivision 1. Required fingerprinting. (a) Sheriffs, peace officers, and
2.17community corrections agencies operating secure juvenile detention facilities shall take
2.18or cause to be taken immediately finger and thumb prints, photographs, distinctive
2.19physical mark identification data, information on any known aliases or street names, and
2.20other identification data requested or required by the superintendent of the bureau, of
2.21the following:
2.22(1) persons arrested for, appearing in court on a charge of, or convicted of a felony,
2.23gross misdemeanor, or targeted misdemeanor;
2.24(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent
2.25for, or alleged to have committed felonies or gross misdemeanors as distinguished from
2.26those committed by adult offenders;
2.27(3) adults and juveniles admitted to jails or detention facilities;
2.28(4) persons reasonably believed by the arresting officer to be fugitives from justice;
2.29(5) persons in whose possession, when arrested, are found concealed firearms or
2.30other dangerous weapons, burglar tools or outfits, high-power explosives, or articles,
2.31machines, or appliances usable for an unlawful purpose and reasonably believed by the
2.32arresting officer to be intended for such purposes;
2.33(6) juveniles referred by a law enforcement agency to a diversion program for a
2.34felony or gross misdemeanor offense; and
3.1(7) persons currently involved in the criminal justice process, on probation, on
3.2parole, or in custody for any offense whom the superintendent of the bureau identifies as
3.3being the subject of a court disposition record which cannot be linked to an arrest record,
3.4and whose fingerprints are necessary to reduce the number of suspense files, or to comply
3.5with the mandates of section 299C.111, relating to the reduction of the number of suspense
3.6files. This duty to obtain fingerprints for the offenses in suspense at the request of the
3.7bureau shall include the requirement that fingerprints be taken in post-arrest interviews,
3.8while making court appearances, while in custody, or while on any form of probation,
3.9diversion, or supervised release.
3.10(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours
3.11of taking the fingerprints and data, the fingerprint records and other identification data
3.12specified under paragraph (a) must be forwarded to the bureau on such forms and in such
3.13 electronically entered into a bureau-managed or federal searchable database in a manner
3.14as may be prescribed by the superintendent.
3.15(c) Prosecutors, courts, and probation officers and their agents, employees, and
3.16subordinates shall attempt to ensure that the required identification data is taken on a
3.17person described in paragraph (a). Law enforcement may take fingerprints of an individual
3.18who is presently on probation.
3.19(d) Finger and thumb prints must be obtained no later than:
3.20(1) release from booking; or
3.21(2) if not booked prior to acceptance of a plea of guilty or not guilty.
3.22Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb
3.23prints must be submitted to the Bureau of Criminal Apprehension for the offense. If finger
3.24and thumb prints have not been successfully received by the bureau, an individual may,
3.25upon order of the court, be taken into custody for no more than eight hours so that the
3.26taking of prints can be completed. Upon notice and motion of the prosecuting attorney,
3.27this time period may be extended upon a showing that additional time in custody is
3.28essential for the successful taking of prints.
3.29(e) For purposes of this section, a targeted misdemeanor is a misdemeanor violation
3.30of section 169A.20 (driving while impaired), 518B.01 (order for protection violation),
3.31609.224 (fifth-degree assault), 609.2242 (domestic assault), 609.746 (interference with
3.32privacy), 609.748 (harassment or restraining order violation), 617.23 (indecent exposure),
3.33or 629.75 (domestic abuse no contact order).

3.34    Sec. 6. Minnesota Statutes 2012, section 299C.10, subdivision 3, is amended to read:
4.1    Subd. 3. Bureau duty. The bureau must enter convert into an electronic format for
4.2entry in the criminal records system finger and thumb prints fingerprints, thumbprints,
4.3and other identification data within five working days 72 hours after they are received
4.4under this section if the fingerprints, thumbprints, and other identification data were not
4.5electronically entered by a criminal justice agency.

4.6    Sec. 7. Minnesota Statutes 2012, section 299C.11, subdivision 1, is amended to read:
4.7    Subdivision 1. Identification data other than DNA. (a) Each sheriff and chief of
4.8police shall furnish the bureau, upon such form as the superintendent shall prescribe, with
4.9such finger and thumb prints, photographs, distinctive physical mark identification data,
4.10information on known aliases and street names, and other identification data as may be
4.11requested or required by the superintendent of the bureau, which must be taken under the
4.12provisions of section 299C.10. In addition, sheriffs and chiefs of police shall furnish this
4.13identification data to the bureau for individuals found to have been convicted of a felony,
4.14gross misdemeanor, or targeted misdemeanor, within the ten years immediately preceding
4.15their arrest. When the bureau learns that an individual who is the subject of a background
4.16check has used, or is using, identifying information, including, but not limited to, name
4.17and date of birth, other than those listed on the criminal history, the bureau may add
4.18 shall convert into an electronic format, if necessary, and enter into a bureau-managed or
4.19federal searchable database the new identifying information to the criminal history when
4.20supported by fingerprints within 72 hours of learning the information if the information is
4.21not entered by a law enforcement agency.
4.22(b) No petition under chapter 609A is required if the person has not been convicted
4.23of any felony or gross misdemeanor, either within or without the state, within the period
4.24of ten years immediately preceding the determination of all pending criminal actions or
4.25proceedings in favor of the arrested person, and either of the following occurred:
4.26(1) all charges were dismissed prior to a determination of probable cause; or
4.27(2) the prosecuting authority declined to file any charges and a grand jury did not
4.28return an indictment.
4.29Where these conditions are met, the bureau or agency shall, upon demand, return to
4.30the arrested person finger and thumb prints, photographs, distinctive physical mark
4.31identification data, information on known aliases and street names, and other identification
4.32data, and all copies and duplicates of them.
4.33(c) Except as otherwise provided in paragraph (b), upon the determination of all
4.34pending criminal actions or proceedings in favor of the arrested person, and the granting
4.35of the petition of the arrested person under chapter 609A, the bureau shall seal finger and
5.1thumb prints, photographs, distinctive physical mark identification data, information on
5.2known aliases and street names, and other identification data, and all copies and duplicates
5.3of them if the arrested person has not been convicted of any felony or gross misdemeanor,
5.4either within or without the state, within the period of ten years immediately preceding
5.5such determination.

5.6    Sec. 8. Minnesota Statutes 2012, section 299C.14, is amended to read:
5.7299C.14 INFORMATION ON RELEASED PRISONER.
5.8It shall be the duty of the officials having charge of the penal institutions of the state
5.9or the release of prisoners therefrom to furnish to the bureau, as the superintendent may
5.10require, finger and thumb prints, photographs, distinctive physical mark identification
5.11data, other identification data, modus operandi reports, and criminal records of prisoners
5.12heretofore, now, or hereafter confined in such penal institutions, together with the period
5.13of their service and the time, terms, and conditions of their discharge. This duty to furnish
5.14information includes, but is not limited to, requests for fingerprints as the superintendent of
5.15the bureau deems necessary to maintain and ensure the accuracy of the bureau's criminal
5.16history files, to reduce the number of suspense files, or to comply with the mandates
5.17of section 299C.111 relating to the reduction of the number of suspense files where a
5.18disposition record is received that cannot be linked to an arrest record. The officials shall
5.19electronically enter the information in a bureau-managed or federal searchable database
5.20within 24 hours of a prisoner's date of release or discharge. The bureau shall convert the
5.21information into an electronic format and enter it into the appropriate searchable database
5.22within 72 hours of the date of receipt, if the information is not entered by the officials.

5.23    Sec. 9. Minnesota Statutes 2012, section 299C.17, is amended to read:
5.24299C.17 REPORT BY COURT ADMINISTRATOR.
5.25The superintendent shall have power to require the court administrator of any county
5.26 of every court which sentences a defendant for a felony or gross misdemeanor to file with
5.27the department, at such time as the superintendent may designate, electronically transmit
5.28within 24 hours of the disposition of the case a report, upon such in a form as prescribed by
5.29 the superintendent may prescribe, furnishing such providing information as the required by
5.30the superintendent may require with regard to the prosecution and disposition of criminal
5.31cases. A copy of the report shall be kept on file in the office of the court administrator.

5.32    Sec. 10. Minnesota Statutes 2012, section 609.02, is amended by adding a subdivision
5.33to read:
6.1    Subd. 17. Ammunition. "Ammunition" means ammunition or cartridge cases,
6.2primers, bullets, or propellent powder designed for use in any firearm.
6.3EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
6.4committed on or after that date.

6.5    Sec. 11. Minnesota Statutes 2012, section 609.11, subdivision 9, is amended to read:
6.6    Subd. 9. Applicable offenses. The crimes for which mandatory minimum
6.7sentences shall be served as provided in this section are: murder in the first, second,
6.8or third degree; assault in the first, second, or third degree; burglary; kidnapping; false
6.9imprisonment; manslaughter in the first or second degree; aggravated robbery; simple
6.10robbery; first-degree or aggravated first-degree witness tampering; criminal sexual
6.11conduct under the circumstances described in sections 609.342, subdivision 1, clauses
6.12(a) to (f); 609.343, subdivision 1, clauses (a) to (f); and 609.344, subdivision 1, clauses
6.13(a) to (e) and (h) to (j); escape from custody; arson in the first, second, or third degree;
6.14drive-by shooting under section 609.66, subdivision 1e; stalking under section 609.749,
6.15subdivision 3 , clause (3); possession or other unlawful use of a firearm or ammunition
6.16 in violation of section 609.165, subdivision 1b, or 624.713, subdivision 1, clause (2), a
6.17felony violation of chapter 152; or any attempt to commit any of these offenses.
6.18EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
6.19committed on or after that date.

6.20    Sec. 12. Minnesota Statutes 2012, section 609.165, is amended to read:
6.21609.165 RESTORATION OF CIVIL RIGHTS; POSSESSION OF FIREARMS
6.22 AND AMMUNITION.
6.23    Subdivision 1. Restoration. When a person has been deprived of civil rights by
6.24reason of conviction of a crime and is thereafter discharged, such discharge shall restore the
6.25person to all civil rights and to full citizenship, with full right to vote and hold office, the
6.26same as if such conviction had not taken place, and the order of discharge shall so provide.
6.27    Subd. 1a. Certain convicted felons ineligible to possess firearms or ammunition.
6.28The order of discharge must provide that a person who has been convicted of a crime of
6.29violence, as defined in section 624.712, subdivision 5, is not entitled to ship, transport,
6.30possess, or receive a firearm or ammunition for the remainder of the person's lifetime.
6.31Any person who has received such a discharge and who thereafter has received a relief
6.32of disability under United States Code, title 18, section 925, or whose ability to possess
7.1firearms and ammunition has been restored under subdivision 1d, shall not be subject to
7.2the restrictions of this subdivision.
7.3    Subd. 1b. Violation and penalty. (a) Any person who has been convicted of a
7.4crime of violence, as defined in section 624.712, subdivision 5, and who ships, transports,
7.5possesses, or receives a firearm or ammunition, commits a felony and may be sentenced
7.6to imprisonment for not more than 15 years or to payment of a fine of not more than
7.7$30,000, or both.
7.8(b) A conviction and sentencing under this section shall be construed to bar a
7.9conviction and sentencing for a violation of section 624.713, subdivision 2.
7.10(c) The criminal penalty in paragraph (a) does not apply to any person who has
7.11received a relief of disability under United States Code, title 18, section 925, or whose
7.12ability to possess firearms and ammunition has been restored under subdivision 1d.
7.13    Subd. 1d. Judicial restoration of ability to possess firearm firearms and
7.14ammunition by felon. (a) A person prohibited by state law from shipping, transporting,
7.15possessing, or receiving a firearm or ammunition because of a conviction or a delinquency
7.16adjudication for committing a crime of violence may petition a court to restore the
7.17person's ability to possess, receive, ship, or transport firearms and otherwise deal with
7.18firearms and ammunition.
7.19(b) A person petitioning the court under paragraph (a) shall serve a copy of the
7.20petition by mail on the prosecutorial office that had jurisdiction over the crime of violence
7.21and the corrections department, if any, who supervised the person in the community
7.22before the person's sentence or disposition was discharged.
7.23(c) The court may grant the relief sought if the person shows good cause to do so
7.24and the person has been released from physical confinement establishes by clear and
7.25convincing evidence that: (1) the person is not likely to act in a manner that is dangerous
7.26to public safety; and (2) the granting of relief is not contrary to the public interest.
7.27(d) If a petition is denied, the person may not file another petition until three years
7.28have elapsed without the permission of the court.
7.29(e) A petition under this subdivision must be filed in the county in which the
7.30petitioner was convicted or adjudicated delinquent for the underlying crime of violence.
7.31(f) A petition under this subdivision may be brought only after the discharge of the
7.32petitioner's sentence or disposition for the underlying crime of violence.
7.33(g) A person bringing a petition under this subdivision may be required to disclose
7.34any relevant information and, upon request, must agree to release any relevant mental
7.35health information to facilitate the court's decision on the petition.
8.1(h) A judge who grants or denies a petition under this subdivision must report this
8.2action along with its underlying justification to the state court administrator.
8.3(i) By January 15 of each year, the state court administrator shall report to the chairs
8.4and ranking minority members of the senate and house of representatives committees
8.5having jurisdiction over firearms summary data on the number of petitions brought under
8.6this subdivision and the number granted.
8.7    Subd. 2. Discharge. The discharge may be:
8.8(1) by order of the court following stay of sentence or stay of execution of sentence; or
8.9(2) upon expiration of sentence.
8.10    Subd. 3. Applicability. This section does not apply to a forfeiture of and
8.11disqualification for public office as provided in section 609.42, subdivision 2.
8.12EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
8.13committed on or after that date.

8.14    Sec. 13. Minnesota Statutes 2012, section 609.505, is amended by adding a subdivision
8.15to read:
8.16    Subd. 3. Lost or stolen firearms; false reporting. (a) As used in this section,
8.17"crime of violence" has the meaning given in section 624.712, subdivision 5.
8.18(b) Whoever informs a law enforcement officer that a firearm has been lost or stolen,
8.19knowing that the report is false, is guilty of a gross misdemeanor.
8.20(c) A person is guilty of a felony and may be sentenced to imprisonment for not more
8.21than five years, or to payment of a fine of not more than $10,000, or both, if the person:
8.22(1) is convicted a second or subsequent time of violating this subdivision; or
8.23(2) violates paragraph (b) while knowing, or having reason to believe, that the
8.24firearm has been transferred to someone who intends to use it in furtherance of a felony
8.25crime of violence.
8.26EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
8.27committed on or after that date.

8.28    Sec. 14. Minnesota Statutes 2012, section 624.712, subdivision 5, is amended to read:
8.29    Subd. 5. Crime of violence. "Crime of violence" means: felony convictions of
8.30the following offenses: sections 609.185 (murder in the first degree); 609.19 (murder
8.31in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in
8.32the first degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide
8.33and aiding attempted suicide); 609.221 (assault in the first degree); 609.222 (assault
9.1in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the
9.2fourth degree); 609.224, subdivision 4 (felony assault in the fifth degree); 609.2242,
9.3subdivision 4 (felony domestic assault); 609.2247 (domestic assault by strangulation);
9.4 609.229 (crimes committed for the benefit of a gang); 609.235 (use of drugs to injure
9.5or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25
9.6(kidnapping); 609.255 (false imprisonment); 609.322 (solicitation, inducement, and
9.7promotion of prostitution; sex trafficking); 609.342 (criminal sexual conduct in the first
9.8degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual
9.9conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree);
9.10609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);
9.11609.486 (commission of crime while wearing or possessing a bullet-resistant vest);
9.12609.52 (involving theft of a firearm, theft involving the intentional taking or driving of a
9.13motor vehicle without the consent of the owner or authorized agent of the owner, theft
9.14involving the taking of property from a burning, abandoned, or vacant building, or from
9.15an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle,
9.16and theft involving the theft of a controlled substance, an explosive, or an incendiary
9.17device); 609.561 (arson in the first degree); 609.562 (arson in the second degree); 609.582,
9.18subdivision 1 , 2, or 3 (burglary in the first through third degrees); 609.66, subdivision 1e
9.19(drive-by shooting); 609.67 (unlawfully owning, possessing, operating a machine gun or
9.20short-barreled shotgun); 609.71 (riot); 609.713 (terroristic threats); 609.749 (stalking);
9.21609.855, subdivision 5 (shooting at a public transit vehicle or facility); and chapter 152
9.22(drugs, controlled substances); and an attempt to commit any of these offenses. The term
9.23also includes a second or subsequent conviction or delinquency adjudication for a violation
9.24of section 624.713, subdivision 2, paragraph (a) (certain juveniles not to possess firearms).
9.25EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
9.26committed on or after that date.

9.27    Sec. 15. Minnesota Statutes 2012, section 624.712, is amended by adding a subdivision
9.28to read:
9.29    Subd. 12. Ammunition. "Ammunition" means ammunition or cartridge cases,
9.30primers, bullets, or propellent powder designed for use in any firearm.
9.31EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
9.32committed on or after that date.

9.33    Sec. 16. Minnesota Statutes 2012, section 624.713, subdivision 1, is amended to read:
10.1    Subdivision 1. Ineligible persons. The following persons shall not be entitled to
10.2possess ammunition or a pistol or semiautomatic military-style assault weapon or, except
10.3for clause (1), any other firearm:
10.4(1) a person under the age of 18 years except that a person under 18 may possess
10.5ammunition designed for use in a firearm that the person may lawfully possess and may
10.6carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual
10.7presence or under the direct supervision of the person's parent or guardian, (ii) for the
10.8purpose of military drill under the auspices of a legally recognized military organization
10.9and under competent supervision, (iii) for the purpose of instruction, competition, or target
10.10practice on a firing range approved by the chief of police or county sheriff in whose
10.11jurisdiction the range is located and under direct supervision; or (iv) if the person has
10.12successfully completed a course designed to teach marksmanship and safety with a pistol
10.13or semiautomatic military-style assault weapon and approved by the commissioner of
10.14natural resources;
10.15(2) except as otherwise provided in clause (9), a person who has been convicted of,
10.16or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing,
10.17in this state or elsewhere, a crime of violence. For purposes of this section, crime of
10.18violence includes crimes in other states or jurisdictions which would have been crimes of
10.19violence as herein defined if they had been committed in this state;
10.20(3) a person who is involuntarily confined or has ever been ordered involuntarily
10.21 committed in Minnesota or elsewhere by a judicial determination that the person is as
10.22being mentally ill, developmentally disabled, or mentally ill and dangerous to the public,
10.23as defined in section 253B.02, to a treatment facility, whether or not the order was stayed,
10.24or who has ever been found incompetent to stand trial or not guilty by reason of mental
10.25illness, unless the person's ability to possess a firearm and ammunition has been restored
10.26under subdivision 4;
10.27(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
10.28gross misdemeanor violation of chapter 152, unless three years have elapsed since the
10.29date of conviction and, during that time, the person has not been convicted of any other
10.30such violation of chapter 152 or a similar law of another state; or a person who is or
10.31has ever been involuntarily hospitalized or committed by a judicial determination for
10.32treatment for the habitual use of a controlled substance or marijuana, as defined in sections
10.33152.01 and 152.02, unless the person's ability to possess a firearm and ammunition has
10.34been restored under subdivision 4;
10.35(5) a person who is or has ever been involuntarily confined or committed to a
10.36treatment facility in Minnesota or elsewhere by a judicial determination that the person is
11.1 as chemically dependent as defined in section 253B.02, unless the person has completed
11.2treatment or the person's ability to possess a firearm and ammunition has been restored
11.3under subdivision 4. Property rights may not be abated but access may be restricted
11.4by the courts;
11.5(6) a peace officer who is informally admitted to a treatment facility pursuant to
11.6section 253B.04 for chemical dependency, unless the officer possesses a certificate from
11.7the head of the treatment facility discharging or provisionally discharging the officer from
11.8the treatment facility. Property rights may not be abated but access may be restricted
11.9by the courts;
11.10(7) a person, including a person under the jurisdiction of the juvenile court, who
11.11has been charged with committing a crime of violence and has been placed in a pretrial
11.12diversion program by the court before disposition, until the person has completed the
11.13diversion program and the charge of committing the crime of violence has been dismissed;
11.14(8) except as otherwise provided in clause (9), a person who has been convicted in
11.15another state of committing an offense similar to the offense described in section 609.224,
11.16subdivision 3 , against a family or household member or section 609.2242, subdivision
11.173 , unless three years have elapsed since the date of conviction and, during that time, the
11.18person has not been convicted of any other violation of section 609.224, subdivision 3, or
11.19609.2242, subdivision 3 , or a similar law of another state;
11.20(9) a person who has been convicted in this state or elsewhere of assaulting a family
11.21or household member and who was found by the court to have used a firearm in any way
11.22during commission of the assault is prohibited from possessing any type of firearm or
11.23ammunition for the period determined by the sentencing court;
11.24(10) a person who:
11.25(i) has been convicted in any court of a crime punishable by imprisonment for a
11.26term exceeding one year;
11.27(ii) is a fugitive from justice as a result of having fled from any state to avoid
11.28prosecution for a crime or to avoid giving testimony in any criminal proceeding;
11.29(iii) is an unlawful user of any controlled substance as defined in chapter 152;
11.30(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
11.31as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
11.32the public, as defined in section 253B.02;
11.33(v) is an alien who is illegally or unlawfully in the United States;
11.34(vi) has been discharged from the armed forces of the United States under
11.35dishonorable conditions; or
12.1(vii) has renounced the person's citizenship having been a citizen of the United
12.2States; or
12.3(11) a person who has been convicted of the following offenses at the gross
12.4misdemeanor level, unless three years have elapsed since the date of conviction and,
12.5during that time, the person has not been convicted of any other violation of these sections:
12.6section 609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision
12.74 (assaults motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or
12.8endangerment of a child); section 609.505, subdivision 3, paragraph (b) (lost or stolen
12.9firearms; false reporting); 609.582, subdivision 4 (burglary in the fourth degree); 609.665
12.10(setting a spring gun); 609.71 (riot); or 609.749 (stalking); or 624.7141, subdivision 1
12.11(transfer of firearm to an ineligible person). For purposes of this paragraph, the specified
12.12gross misdemeanor convictions include crimes committed in other states or jurisdictions
12.13which would have been gross misdemeanors if conviction occurred in this state.
12.14A person who issues a certificate pursuant to this section in good faith is not
12.15liable for damages resulting or arising from the actions or misconduct with a firearm or
12.16ammunition committed by the individual who is the subject of the certificate.
12.17The prohibition in this subdivision relating to the possession of firearms other than
12.18pistols and semiautomatic military-style assault weapons does not apply retroactively
12.19to persons who are prohibited from possessing a pistol or semiautomatic military-style
12.20assault weapon under this subdivision before August 1, 1994.
12.21The lifetime prohibition on possessing, receiving, shipping, or transporting firearms
12.22and ammunition for persons convicted or adjudicated delinquent of a crime of violence
12.23in clause (2), applies only to offenders who are discharged from sentence or court
12.24supervision for a crime of violence on or after August 1, 1993.
12.25For purposes of this section, "judicial determination" means a court proceeding
12.26pursuant to sections 253B.07 to 253B.09 or a comparable law from another state.
12.27EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
12.28committed on or after that date.

12.29    Sec. 17. Minnesota Statutes 2012, section 624.713, subdivision 1a, is amended to read:
12.30    Subd. 1a. Ineligible to receive, ship, transport. A person presently charged with
12.31a crime punishable by imprisonment for a term exceeding one year shall not be entitled
12.32to receive, ship, or transport any ammunition or pistol or semiautomatic military-style
12.33assault weapon. A violation of this subdivision is a gross misdemeanor.
13.1EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
13.2committed on or after that date.

13.3    Sec. 18. Minnesota Statutes 2012, section 624.713, subdivision 2, is amended to read:
13.4    Subd. 2. Penalties. (a) A person named in subdivision 1, clause (1), who possesses
13.5ammunition or a pistol or semiautomatic military-style assault weapon in violation of that
13.6clause is guilty of a felony and may be sentenced to imprisonment for not more than five
13.7years or to payment of a fine of not more than $10,000, or both.
13.8(b) A person named in subdivision 1, clause (2), who possesses any type of firearm
13.9 or ammunition is guilty of a felony and may be sentenced to imprisonment for not more
13.10than 15 years or to payment of a fine of not more than $30,000, or both. This paragraph
13.11does not apply to any person who has received a relief of disability under United States
13.12Code, title 18, section 925, or whose ability to possess firearms and ammunition has been
13.13restored under section 609.165, subdivision 1d.
13.14(c) A person named in any other clause of subdivision 1 who possesses any type of
13.15firearm or ammunition is guilty of a gross misdemeanor.
13.16(d) A person is criminally liable for a crime committed by another under this section
13.17if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise
13.18procures the other to commit the crime.
13.19EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
13.20committed on or after that date.

13.21    Sec. 19. Minnesota Statutes 2012, section 624.713, subdivision 3, is amended to read:
13.22    Subd. 3. Notice. (a) When a person is convicted of, or adjudicated delinquent or
13.23convicted as an extended jurisdiction juvenile for committing, a crime of violence as defined
13.24in section 624.712, subdivision 5, the court shall inform the defendant that the defendant is
13.25prohibited from possessing ammunition or a pistol or semiautomatic military-style assault
13.26weapon for the remainder of the person's lifetime, and that it is a felony offense to violate
13.27this prohibition. The failure of the court to provide this information to a defendant does
13.28not affect the applicability of the ammunition or pistol or semiautomatic military-style
13.29assault weapon possession prohibition or the felony penalty to that defendant.
13.30(b) When a person, including a person under the jurisdiction of the juvenile court, is
13.31charged with committing a crime of violence and is placed in a pretrial diversion program
13.32by the court before disposition, the court shall inform the defendant that: (1) the defendant
13.33is prohibited from possessing ammunition or a pistol or semiautomatic military-style
13.34assault weapon until the person has completed the diversion program and the charge of
14.1committing a crime of violence has been dismissed; (2) it is a gross misdemeanor offense
14.2to violate this prohibition; and (3) if the defendant violates this condition of participation
14.3in the diversion program, the charge of committing a crime of violence may be prosecuted.
14.4The failure of the court to provide this information to a defendant does not affect the
14.5applicability of the ammunition or pistol or semiautomatic military-style assault weapon
14.6possession prohibition or the gross misdemeanor penalty to that defendant.
14.7EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
14.8committed on or after that date.

14.9    Sec. 20. Minnesota Statutes 2012, section 624.713, is amended by adding a subdivision
14.10to read:
14.11    Subd. 3a. Prompt reporting of disqualifying mental health data. When a court
14.12orders a commitment under chapter 253B or makes a finding or adjudication by which a
14.13person becomes subject to the provisions of section 624.713, subdivision 1, clause (3), or
14.14United States Code, title 18, sections 922(d)(4) and 922(g)(4), the court administrator shall
14.15electronically enter the nature of the court's action and only the information necessary to
14.16identify the person into the National Instant Criminal Background Check System database.
14.17The court shall also notify the person of the prohibitions of section 624.713, subdivision 1,
14.18clause (3), and United States Code, title 18, sections 922(d)(4) and 922(g)(4).
14.19EFFECTIVE DATE.This section is effective August 1, 2013.

14.20    Sec. 21. Minnesota Statutes 2012, section 624.713, subdivision 4, is amended to read:
14.21    Subd. 4. Restoration of firearms and ammunition eligibility to civilly committed
14.22person; petition authorized. (a) A person who is prohibited from possessing a firearm
14.23or ammunition under subdivision 1, due to involuntary commitment resulting from a
14.24judicial determination that the person is, hospitalization, or confinement based on the
14.25person being mentally ill, developmentally disabled, mentally ill and dangerous, or
14.26chemically dependent, may petition a court to restore the person's ability to possess a
14.27firearm or ammunition.
14.28(b) A person petitioning the court under paragraph (a) shall serve a copy of the
14.29petition by mail on the prosecutorial office responsible for the commitment.
14.30(b) (c) The court may grant the relief sought in paragraph (a) in accordance with the
14.31principles of due process if the person establishes by clear and convincing evidence that
14.32the circumstances regarding the person's disqualifying condition and the person's record
14.33and reputation are determined to be such that:
15.1(1) the person is not likely to act in a manner that is dangerous to public safety; and
15.2(2) the granting of relief would not be contrary to the public interest.
15.3(c) (d) When determining whether a person has met the requirement of paragraph (b)
15.4 (c), clause (1), the court may consider evidence from a licensed medical doctor or clinical
15.5psychologist that the person is no longer suffering from the disease or condition that
15.6caused the disability or that the disease or condition has been successfully treated for a
15.7period of three consecutive years.
15.8(d) (e) Review on appeal shall be de novo.
15.9EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
15.10committed on or after that date.

15.11    Sec. 22. Minnesota Statutes 2012, section 624.713, is amended by adding a subdivision
15.12to read:
15.13    Subd. 5. Provision of firearms background check information. (a) When a
15.14court places a person, including a person under the jurisdiction of the juvenile court, who
15.15is charged with committing a crime of violence into a pretrial diversion program before
15.16disposition, the court must ensure that information regarding the person's placement in
15.17that program and the ordered expiration date of that placement is transmitted as soon as
15.18practicable to the National Instant Criminal Background Check System. When a person
15.19successfully completes or discontinues the program, the prosecuting attorney must report
15.20that fact within 24 hours to the National Instant Criminal Background Check System.
15.21(b) The court must report the conviction and duration of the firearms disqualification
15.22imposed as soon as practicable to the National Instant Criminal Background Check
15.23System when a person is convicted of a gross misdemeanor that disqualifies the person
15.24from possessing firearms under the following sections:
15.25(1) 518B.01, subdivision 14;
15.26(2) 609.224, subdivision 3;
15.27(3) 609.2242, subdivision 3;
15.28(4) 609.749, subdivision 8;
15.29(5) 624.713, subdivision 1, clause (11); or
15.30(6) 629.715, subdivision 2.
15.31(c) If the court reports a firearms disqualification based on a charge of violating an
15.32offense listed in paragraph (b), the court must provide notice of the disposition of the
15.33charge to the National Instant Criminal Background Check System as soon as practicable.
15.34EFFECTIVE DATE.This section is effective August 1, 2013.

16.1    Sec. 23. Minnesota Statutes 2012, section 624.7131, subdivision 1, is amended to read:
16.2    Subdivision 1. Information. (a) Any person may apply for a transferee permit by
16.3providing the following information in writing to the chief of police of an organized full
16.4time police department of the municipality in which the person resides or to the county
16.5sheriff if there is no such local chief of police:
16.6(1) the name, residence, telephone number, and driver's license number or
16.7nonqualification certificate number, if any, of the proposed transferee;
16.8(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing
16.9physical characteristics, if any, of the proposed transferee;
16.10(3) a statement that the proposed transferee authorizes the release to the local police
16.11authority of commitment information about the proposed transferee maintained by the
16.12commissioner of human services, to the extent that the information relates to the proposed
16.13transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon
16.14under section 624.713, subdivision 1; and
16.15(4) a statement by the proposed transferee that the proposed transferee is not
16.16prohibited by section 624.713 state or federal law from possessing a pistol or semiautomatic
16.17military-style assault weapon and has not been denied a permit under subdivision 4,
16.18paragraph (b), or section 624.7132, subdivision 5, paragraph (b), within the past six months.
16.19(b) In addition to the requirements described in paragraph (a), the proposed
16.20transferee shall submit an accurate photocopy of the person's current driver's license, state
16.21identification card, or the photo page of the person's passport.
16.22(c) The statements shall be signed and dated by the person applying for a permit. At
16.23the time of application, the local police authority shall provide the applicant with a dated
16.24receipt for the application. The statement under paragraph (a), clause (3), must comply
16.25with any applicable requirements of Code of Federal Regulations, title 42, sections 2.31 to
16.262.35 , with respect to consent to disclosure of alcohol or drug abuse patient records.

16.27    Sec. 24. Minnesota Statutes 2012, section 624.7131, subdivision 4, is amended to read:
16.28    Subd. 4. Grounds for disqualification. A determination by (a) The chief of
16.29police or sheriff that shall refuse to grant a transferee permit if the applicant is prohibited
16.30by section 624.713 state or federal law from possessing a pistol or semiautomatic
16.31military-style assault weapon shall be the only basis for refusal to grant a transferee permit
16.32 or is determined to be a danger to self or others under paragraph (b).
16.33(b) A chief or sheriff shall refuse to grant a permit to a person who is a danger to self
16.34or others. The decision of the chief or sheriff must be based on documented past contact
17.1with law enforcement. A notice of disqualification issued pursuant to this paragraph must
17.2describe and document the specific police contact or contacts relied upon to deny the permit.
17.3(c) A person is not eligible to submit a permit application under this section if the
17.4person has had an application denied pursuant to paragraph (b) and less than six months
17.5have elapsed since the denial was issued or the person's appeal under subdivision 8 was
17.6denied, whichever is later.
17.7(d) A chief of police or sheriff who denies a permit application pursuant to paragraph
17.8(b) must provide a copy of the notice of disqualification to the chief of police or sheriff
17.9with joint-jurisdiction over the proposed transferee's residence.

17.10    Sec. 25. Minnesota Statutes 2012, section 624.7131, subdivision 5, is amended to read:
17.11    Subd. 5. Granting of permits. (a) Except as provided in paragraph (b), the chief
17.12of police or sheriff shall issue a transferee permit or deny the application within seven
17.13business days of application for the permit. The chief of police or sheriff shall provide an
17.14applicant with written notification of a denial and the specific reason for the denial. The
17.15permits and their renewal shall be granted free of charge.
17.16(b) If a chief of police or sheriff is unable to verify a proposed transferee's identity or
17.17criminal record within the seven-business-day requirement described in paragraph (a),
17.18the chief of police or sheriff may require the transferee to appear in person to present a
17.19current driver's license, state identification card, or passport, and, if deemed necessary, to
17.20be fingerprinted. If this occurs, the chief of police or sheriff shall notify the transferor of
17.21this in writing, and the seven-business-day requirement is extended to 30 days.

17.22    Sec. 26. Minnesota Statutes 2012, section 624.7131, is amended by adding a
17.23subdivision to read:
17.24    Subd. 5a. Emergency permit. The chief of police or sheriff may limit or expedite
17.25the investigation required in subdivision 2 if the chief or sheriff finds that the transferee
17.26requires access to a pistol or semiautomatic military-style assault weapon because of a
17.27threat to the life of the transferee or any member of the transferee's household. Under these
17.28circumstances, the chief or sheriff may issue a transferee permit that expires no more than
17.2948 hours after issuance and that is valid for the transfer of a single pistol or semiautomatic
17.30military-style assault weapon. An emergency transferee permit is not renewable.

17.31    Sec. 27. Minnesota Statutes 2012, section 624.7131, subdivision 7, is amended to read:
17.32    Subd. 7. Permit voided. The transferee permit shall be void at the time that the
17.33holder becomes prohibited from possessing a pistol under section 624.713 state or federal
18.1law, in which event the holder shall return the permit within five days to the issuing
18.2authority. Failure of the holder to return the permit within the five days is a misdemeanor
18.3unless the court finds that the circumstances or the physical or mental condition of the
18.4permit holder prevented the holder from complying with the return requirement.

18.5    Sec. 28. Minnesota Statutes 2012, section 624.7132, subdivision 1, is amended to read:
18.6    Subdivision 1. Required information. (a) Except as provided in this section
18.7and section 624.7131, every person who agrees to transfer a pistol or semiautomatic
18.8military-style assault weapon shall report the following information in writing to the
18.9chief of police of the organized full-time police department of the municipality where the
18.10proposed transferee resides or to the appropriate county sheriff if there is no such local
18.11chief of police:
18.12(1) the name, residence, telephone number, and driver's license number or
18.13nonqualification certificate number, if any, of the proposed transferee;
18.14(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing
18.15physical characteristics, if any, of the proposed transferee;
18.16(3) a statement that the proposed transferee authorizes the release to the local police
18.17authority of commitment information about the proposed transferee maintained by the
18.18commissioner of human services, to the extent that the information relates to the proposed
18.19transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon
18.20under section 624.713, subdivision 1;
18.21(4) a statement by the proposed transferee that the transferee is not prohibited
18.22by section 624.713 state or federal law from possessing a pistol or semiautomatic
18.23military-style assault weapon and that the person has not been denied a permit under
18.24subdivision 5, paragraph (b), or section 624.7131, subdivision 4, paragraph (b), within
18.25the past six months; and
18.26(5) the address of the place of business of the transferor.
18.27(b) In addition to the requirements described in paragraph (a), the proposed
18.28transferee shall submit an accurate photocopy of the person's current driver's license, state
18.29identification card, or the photo page of the person's passport.
18.30(c) The report shall be signed and dated by the transferor and the proposed transferee.
18.31The report shall be delivered by the transferor to the chief of police or sheriff no later
18.32than three days after the date of the agreement to transfer, excluding weekends and legal
18.33holidays. The statement under paragraph (a), clause (3), must comply with any applicable
18.34requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect
18.35to consent to disclosure of alcohol or drug abuse patient records.

19.1    Sec. 29. Minnesota Statutes 2012, section 624.7132, subdivision 3, is amended to read:
19.2    Subd. 3. Notification. The chief of police or sheriff shall notify the transferor and
19.3proposed transferee in writing as soon as possible if the chief or sheriff determines that the
19.4proposed transferee is prohibited by section 624.713 state or federal law from possessing a
19.5pistol or semiautomatic military-style assault weapon or is determined to be a danger to
19.6self or others under subdivision 5, paragraph (b). The notification to the transferee shall
19.7specify the grounds for the disqualification of the proposed transferee and shall set forth in
19.8detail the transferee's right of appeal under subdivision 13.

19.9    Sec. 30. Minnesota Statutes 2012, section 624.7132, subdivision 4, is amended to read:
19.10    Subd. 4. Delivery. (a) Except as otherwise provided in this subdivision 7 or
19.11 subdivision 8, no person shall deliver a pistol or semiautomatic military-style assault
19.12weapon to a proposed transferee until five seven business days after the date the
19.13agreement to transfer is delivered to a chief of police or sheriff in accordance with
19.14subdivision 1 unless the chief of police or sheriff waives all or a portion of the seven-day
19.15 seven-business-day waiting period. The chief of police or sheriff may waive all or a
19.16portion of the five business day seven-business-day waiting period in writing if the chief
19.17of police or sheriff finds that the transferee requires access to a pistol or semiautomatic
19.18military-style assault weapon because of a threat to the life of the transferee or of any
19.19member of the household of the transferee.
19.20(b) If a chief of police or sheriff is unable to verify a proposed transferee's identity or
19.21criminal record within the seven-business-day requirement described in paragraph (a),
19.22the chief of police or sheriff may require the transferee to appear in person to present a
19.23current driver's license, state identification card, or passport, and, if deemed necessary, to
19.24be fingerprinted. If this occurs, the chief of police or sheriff shall notify the transferor of
19.25this in writing, and the seven-business-day requirement is extended to 30 days.
19.26(c) No person shall deliver a pistol or semiautomatic military-style assault weapon
19.27to a proposed transferee after receiving a written notification that the chief of police or
19.28sheriff has determined that the proposed transferee is prohibited by section 624.713 state
19.29or federal law from possessing a pistol or semiautomatic military-style assault weapon.
19.30(d) If the transferor makes a report of transfer and receives no written notification
19.31of disqualification of the proposed transferee and no written notification as described
19.32in paragraph (b) within five seven business days after delivery of the agreement to
19.33transfer, the pistol or semiautomatic military-style assault weapon may be delivered to
19.34the transferee. If the transferor receives the written notification described in paragraph
19.35(b), the seven-business-day period is extended to 30 days.

20.1    Sec. 31. Minnesota Statutes 2012, section 624.7132, subdivision 5, is amended to read:
20.2    Subd. 5. Grounds for disqualification. A determination by (a) The chief of police
20.3or sheriff that shall deny an application if the proposed transferee is prohibited by section
20.4624.713 state or federal law from possessing a pistol or semiautomatic military-style
20.5assault weapon shall be the sole basis for a notification of disqualification under this
20.6section or is determined to be a danger to self or others under paragraph (b).
20.7(b) A chief or sheriff shall deny a permit to a person who is a danger to self or others.
20.8The decision of the chief or sheriff must be based on documented past contact with law
20.9enforcement. A notice of disqualification issued pursuant to this paragraph must describe
20.10and document the specific police contact or contacts relied upon to deny the permit.
20.11(c) A person is not eligible to submit a permit application under this section if the
20.12person has had an application denied pursuant to paragraph (b) and less than six months
20.13have elapsed since the denial was issued or the person's appeal under subdivision 13
20.14was denied, whichever is later.
20.15(d) A chief of police or sheriff who denies a permit application pursuant to paragraph
20.16(b) must provide a copy of the notice of disqualification to the chief of police or sheriff
20.17with joint-jurisdiction over the applicant's residence.

20.18    Sec. 32. Minnesota Statutes 2012, section 624.7132, subdivision 6, is amended to read:
20.19    Subd. 6. Transferee permit. If a chief of police or sheriff determines that a
20.20transferee is not a person prohibited by section 624.713 state or federal law from
20.21possessing a pistol or semiautomatic military-style assault weapon and is not a danger to
20.22self or others, the transferee may, within 30 days after the determination, apply to that
20.23chief of police or sheriff for a transferee permit, and the permit shall be issued.

20.24    Sec. 33. Minnesota Statutes 2012, section 624.7132, is amended by adding a
20.25subdivision to read:
20.26    Subd. 7a. Transfer by or to licensed dealers only. (a) No person shall transfer
20.27a pistol or semiautomatic military-style assault weapon unless the transferor or the
20.28transferee is a federally licensed firearms dealer. Where neither party to a prospective
20.29pistol or semiautomatic military-style assault weapon transfer is a federally licensed
20.30firearms dealer, the parties shall complete the transfer through a federally licensed firearms
20.31dealer as follows:
20.32(1) the transferor shall deliver the pistol or semiautomatic military-style assault
20.33weapon and a valid transferee permit or report of transfer to a federally licensed firearms
21.1dealer, who shall retain possession of that pistol or semiautomatic military-style assault
21.2weapon until the transaction is completed or as provided in clause (3);
21.3(2) the federally licensed dealer shall comply with this section and federal law as
21.4if the dealer had agreed to directly transfer the pistol or semiautomatic military-style
21.5assault weapon to the proposed transferee;
21.6(3) if the dealer cannot legally deliver the pistol or semiautomatic military-style
21.7assault weapon to the proposed transferee or otherwise chooses not to complete the
21.8transaction, the dealer shall conduct a background check in accordance with federal law
21.9and file a report of transfer to transfer the pistol or semiautomatic military-style assault
21.10weapon back to the original transferor. If the original transferor is prohibited by state or
21.11federal law from possessing a pistol or semiautomatic military-style assault weapon, the
21.12dealer shall transfer the firearm to the chief of police or sheriff within 24 hours;
21.13(4) a dealer who denies transfer of a pistol or semiautomatic military-style assault
21.14weapon shall immediately report the identity of the proposed transferee, and the date,
21.15time, and place of the attempted transfer to the local law enforcement agency where
21.16the dealer is located; and
21.17(5) the dealer may require the proposed transferee to pay a fee of no more than $25
21.18when assisting with a transfer under this subdivision.
21.19(b) For purposes of this section and section 624.7131, an auctioneer who is licensed
21.20and bonded in accordance with section 330.01 who, while acting in the person's role as
21.21an auctioneer, facilitates the sale of a pistol or a semiautomatic military-style assault
21.22weapon, is neither the transferor nor transferee in the sale of the firearm, provided that the
21.23auctioneer does not transfer physical possession of the firearm to the buyer or buyer's agent
21.24or assignee at any time preceding, during, or following the auction other than temporarily
21.25prior to the auctioning of the firearm for the purpose of enabling the prospective buyer to
21.26inspect the characteristics and quality of the firearm. Upon completion of the auctioning
21.27of the firearm, the auctioneer or the auctioneer's agent must physically return the firearm
21.28to the possession of the person who owns the firearm and who is the prospective transferor
21.29of the firearm, or to that person's agent in the auction. The owner who is the prospective
21.30transferor, and the prospective transferee who has agreed in the auction to purchase the
21.31firearm, must then comply in full with the terms of paragraph (a), if applicable, and with
21.32the provisions of this chapter, chapter 609, and any other state or federal law, to complete
21.33the transfer of the firearm.

21.34    Sec. 34. Minnesota Statutes 2012, section 624.7132, subdivision 12, is amended to read:
22.1    Subd. 12. Exclusions. (a) For purposes of this subdivision, "relative" means a
22.2spouse, parent, stepparent, child, stepchild, brother, sister, aunt, uncle, grandparent, or
22.3grandchild by blood or marriage.
22.4Except as otherwise provided in section 609.66, subdivision 1f, (b) This section shall
22.5not apply to transfers of antique firearms as curiosities or for their historical significance
22.6or value, transfers to or between federally licensed firearms dealers, transfers by order of
22.7court, involuntary transfers, transfers at death or the following transfers:
22.8(1) a transfer by a person other than a federally licensed firearms dealer to a relative
22.9who is not ineligible to possess a firearm under state or federal law;
22.10(2) a loan to a prospective transferee if the loan is intended for a period of no more
22.11than one day;
22.12(3) the delivery of a pistol or semiautomatic military-style assault weapon to a
22.13person for the purpose of repair, reconditioning or remodeling;
22.14(4) a loan by a teacher to a student in a course designed to teach marksmanship or
22.15safety with a pistol and approved by the commissioner of natural resources;
22.16(5) a loan between persons at a firearms collectors exhibition;
22.17(6) a loan between persons lawfully engaged in hunting or target shooting if the
22.18loan is intended for a period of no more than 12 72 hours and the person receiving the
22.19pistol or semiautomatic military-style assault weapon is not ineligible to possess a firearm
22.20under state or federal law;
22.21(7) a loan between law enforcement officers who have the power to make arrests
22.22other than citizen arrests; and
22.23(8) a loan between employees or between the employer and an employee in a
22.24business if the employee is required to carry a pistol or semiautomatic military-style assault
22.25weapon by reason of employment and is the holder of a valid permit to carry a pistol.

22.26    Sec. 35. Minnesota Statutes 2012, section 624.7132, subdivision 13, is amended to read:
22.27    Subd. 13. Appeal. A person aggrieved by the determination of a chief of police
22.28or sheriff that the person is prohibited by section 624.713 from possessing a pistol
22.29or semiautomatic military-style assault weapon under subdivision 5 may appeal the
22.30determination as provided in this subdivision. The district court shall have jurisdiction of
22.31proceedings under this subdivision.
22.32On review pursuant to this subdivision, the court shall be limited to a determination
22.33of whether the proposed transferee is a person prohibited from possessing a pistol or
22.34semiautomatic military-style assault weapon by section 624.713.

23.1    Sec. 36. Minnesota Statutes 2012, section 624.7132, subdivision 15, is amended to read:
23.2    Subd. 15. Penalties. (a) Except as otherwise provided in paragraph (b), a person
23.3who does any of the following is guilty of a gross misdemeanor:
23.4(1) transfers a pistol or semiautomatic military-style assault weapon in violation
23.5of subdivisions 1 to 13;
23.6(2) transfers a pistol or semiautomatic military-style assault weapon to a person who
23.7has made a false statement in order to become a transferee, if the transferor knows or has
23.8reason to know the transferee has made the false statement;
23.9(3) knowingly becomes a transferee in violation of subdivisions 1 to 13; or
23.10(4) makes a false statement in order to become a transferee of a pistol or
23.11semiautomatic military-style assault weapon knowing or having reason to know the
23.12statement is false.
23.13(b) A person who does either any of the following is guilty of a felony:
23.14(1) transfers a pistol or semiautomatic military-style assault weapon to a person
23.15under the age of 18 in violation of subdivisions 1 to 13; or
23.16(2) transfers a pistol or semiautomatic military-style assault weapon to a person
23.17under the age of 18 who has made a false statement in order to become a transferee, if the
23.18transferor knows or has reason to know the transferee has made the false statement;
23.19(3) transfers a pistol or a semiautomatic military-style assault weapon to another in
23.20violation of this section if: (i) the person knows or has reason to know that the transferee is
23.21prohibited under state or federal law from possessing a firearm; and (ii) the transferee uses
23.22the weapon within one year after the transfer in furtherance of a felony crime of violence; or
23.23(4) violates paragraph (a), clause (1) or (3), after having been previously convicted
23.24or adjudicated delinquent for a violation of this section or section 624.7131.
23.25EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
23.26committed on or after that date.

23.27    Sec. 37. Minnesota Statutes 2012, section 624.714, subdivision 6, is amended to read:
23.28    Subd. 6. Granting and denial of permits. (a) The sheriff must, within 30 days
23.29after the date of receipt of the application packet described in subdivision 3:
23.30(1) issue the permit to carry;
23.31(2) deny the application for a permit to carry solely on the grounds that the applicant
23.32failed to qualify under the criteria described in subdivision 2, paragraph (b); or
23.33(3) deny the application on the grounds that there exists a substantial likelihood that
23.34the applicant is a danger to self or the public if authorized to carry a pistol under a permit.
24.1(b) Failure of the sheriff to notify the applicant of the denial of the application
24.2within 30 days after the date of receipt of the application packet constitutes issuance of the
24.3permit to carry and the sheriff must promptly fulfill the requirements under paragraph (c).
24.4To deny the application, the sheriff must provide the applicant with written notification
24.5and the specific factual basis justifying the denial under paragraph (a), clause (2) or (3),
24.6including the source of the factual basis. The sheriff must inform the applicant of the
24.7applicant's right to submit, within 20 business days, any additional documentation relating
24.8to the propriety of the denial. Upon receiving any additional documentation, the sheriff
24.9must reconsider the denial and inform the applicant within 15 business days of the result
24.10of the reconsideration. Any denial after reconsideration must be in the same form and
24.11substance as the original denial and must specifically address any continued deficiencies
24.12in light of the additional documentation submitted by the applicant. The applicant must be
24.13informed of the right to seek de novo review of the denial as provided in subdivision 12.
24.14(c) Upon issuing a permit to carry, the sheriff must provide a laminated permit
24.15card to the applicant by first class mail unless personal delivery has been made. Within
24.16five business days, the sheriff must submit the information specified in subdivision 7,
24.17paragraph (a), to the commissioner for inclusion solely in the database required under
24.18subdivision 15, paragraph (a). The sheriff must transmit the information in a manner and
24.19format prescribed by the commissioner.
24.20(d) Within five business days of learning that a permit to carry has been suspended
24.21or revoked, the sheriff must submit information to the commissioner regarding the
24.22suspension or revocation for inclusion solely in the databases required or permitted under
24.23subdivision 15.
24.24(e) Notwithstanding paragraphs (a) and (b), the sheriff may suspend the application
24.25process if a charge is pending against the applicant that, if resulting in conviction, will
24.26prohibit the applicant from possessing a firearm.

24.27    Sec. 38. Minnesota Statutes 2012, section 624.714, subdivision 8, is amended to read:
24.28    Subd. 8. Permit to carry voided. (a) The permit to carry is void at the time that the
24.29holder becomes prohibited by law from possessing a firearm, in which event the holder
24.30must return the permit card to the issuing sheriff within five business days after the holder
24.31knows or should know that the holder is a prohibited person. If the sheriff has knowledge
24.32that a permit is void under this paragraph, the sheriff must give notice to the permit holder
24.33in writing in the same manner as a denial. Failure of the holder to return the permit within
24.34the five days is a gross misdemeanor unless the court finds that the circumstances or the
25.1physical or mental condition of the permit holder prevented the holder from complying
25.2with the return requirement.
25.3(b) When a permit holder is convicted of an offense that prohibits the permit holder
25.4from possessing a firearm, the court must take possession of the permit, if it is available,
25.5and send it to the issuing sheriff.
25.6(c) The sheriff of the county where the application was submitted, or of the county
25.7of the permit holder's current residence, may file a petition with the district court therein,
25.8for an order revoking a permit to carry on the grounds set forth in subdivision 6, paragraph
25.9(a), clause (3). An order shall be issued only if the sheriff meets the burden of proof and
25.10criteria set forth in subdivision 12. If the court denies the petition, the court must award
25.11the permit holder reasonable costs and expenses, including attorney fees.
25.12(d) A permit revocation must be promptly reported to the issuing sheriff.

25.13    Sec. 39. Minnesota Statutes 2012, section 624.714, subdivision 12, is amended to read:
25.14    Subd. 12. Hearing upon denial or revocation. (a) Any person aggrieved by denial
25.15or revocation of a permit to carry may appeal by petition to the district court having
25.16jurisdiction over the county or municipality where the application was submitted. The
25.17petition must list the sheriff as the respondent. The district court must hold a hearing at
25.18the earliest practicable date and in any event no later than 60 days following the filing of
25.19the petition for review. The court may not grant or deny any relief before the completion
25.20of the hearing. The record of the hearing must be sealed. The matter must be heard de
25.21novo without a jury.
25.22(b) The court must issue written findings of fact and conclusions of law regarding
25.23the issues submitted by the parties. The court must issue its writ of mandamus directing
25.24that the permit be issued and order other appropriate relief unless the sheriff establishes
25.25by clear and convincing a preponderance of the evidence:
25.26(1) that the applicant is disqualified under the criteria described in subdivision 2,
25.27paragraph (b); or
25.28(2) that there exists a substantial likelihood that the applicant is a danger to self or
25.29the public if authorized to carry a pistol under a permit. Incidents of alleged criminal
25.30misconduct that are not investigated and documented may not be considered.
25.31(c) If an applicant is denied a permit on the grounds that the applicant is listed in
25.32the criminal gang investigative data system under section 299C.091, the person may
25.33challenge the denial, after disclosure under court supervision of the reason for that listing,
25.34based on grounds that the person:
25.35(1) was erroneously identified as a person in the data system;
26.1(2) was improperly included in the data system according to the criteria outlined in
26.2section 299C.091, subdivision 2, paragraph (b); or
26.3(3) has demonstrably withdrawn from the activities and associations that led to
26.4inclusion in the data system.
26.5(d) If the court grants a petition brought under paragraph (a), the court must award
26.6the applicant or permit holder reasonable costs and expenses including attorney fees.

26.7    Sec. 40. Minnesota Statutes 2012, section 624.714, subdivision 16, is amended to read:
26.8    Subd. 16. Recognition of permits from other states. (a) The commissioner must
26.9annually establish and publish a list of other states that have laws governing the issuance
26.10of permits to carry weapons that are not substantially similar to this section. The list
26.11must be available on the Internet. A person holding a carry permit from a state not on
26.12the list may use the license or permit in this state subject to the rights, privileges, and
26.13requirements of this section.
26.14(b) Notwithstanding paragraph (a), no license or permit from another state is valid in
26.15this state if the holder is or becomes prohibited by law from possessing a firearm.
26.16(c) Any sheriff or police chief may file a petition under subdivision 12 seeking an
26.17order suspending or revoking an out-of-state permit holder's authority to carry a pistol in
26.18this state on the grounds set forth in subdivision 6, paragraph (a), clause (3). An order shall
26.19only be issued if the petitioner meets the burden of proof and criteria set forth in subdivision
26.2012. If the court denies the petition, the court must award the permit holder reasonable
26.21costs and expenses including attorney fees. The petition may be filed in any county in the
26.22state where a person holding a license or permit from another state can be found.
26.23(d) The commissioner must, when necessary, execute reciprocity agreements
26.24regarding carry permits with jurisdictions whose carry permits are recognized under
26.25paragraph (a).

26.26    Sec. 41. Minnesota Statutes 2012, section 624.714, subdivision 21, is amended to read:
26.27    Subd. 21. Use of fees. Fees collected by sheriffs under this section and not forwarded
26.28to the commissioner must be used only to pay the direct costs of administering this section.
26.29Fee money may be used to pay the costs of appeals of prevailing applicants or permit
26.30holders under subdivision 8, paragraph (c); subdivision 12, paragraph (e); and subdivision
26.3116, paragraph (c). Fee money may also be used to pay and the reasonable costs of the county
26.32attorney to represent the sheriff in proceedings under this section. The revenues must be
26.33maintained in a segregated fund. Fund balances must be carried over from year to year and
26.34do not revert to any other fund. As part of the information supplied under subdivision 20,
27.1paragraph (b), by January 31 of each year, a sheriff must report to the commissioner on the
27.2sheriff's segregated fund for the preceding calendar year, including information regarding:
27.3(1) nature and amount of revenues;
27.4(2) nature and amount of expenditures; and
27.5(3) nature and amount of balances.

27.6    Sec. 42. Minnesota Statutes 2012, section 624.7141, subdivision 1, is amended to read:
27.7    Subdivision 1. Transfer prohibited. A person is guilty of a gross misdemeanor who
27.8intentionally transfers a pistol or semiautomatic military-style assault weapon to another if
27.9the person knows, or has reason to believe, that the transferee:
27.10(1) has been denied a permit to carry under section 624.714 because the transferee
27.11is not eligible under section 624.713 to possess a pistol or semiautomatic military-style
27.12assault weapon;
27.13(2) has been found ineligible to possess a pistol or semiautomatic military-style
27.14assault weapon by a chief of police or sheriff as a result of an application for a transferee
27.15permit or a transfer report; or
27.16(3) is disqualified under section 624.713 state or federal law from possessing a pistol
27.17or semiautomatic military-style assault weapon.
27.18EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
27.19committed on or after that date.

27.20    Sec. 43. Minnesota Statutes 2012, section 624.7141, subdivision 2, is amended to read:
27.21    Subd. 2. Felony. A violation of this section is a felony:
27.22(1) if the transferee possesses or uses the weapon within one year after the transfer in
27.23furtherance of a felony crime of violence; or
27.24(2) if the transferor knows, or has reason to believe, the transferee intends to use the
27.25weapon in the furtherance of a felony crime of violence.
27.26EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
27.27committed on or after that date.

27.28    Sec. 44. Minnesota Statutes 2012, section 624.7141, subdivision 3, is amended to read:
27.29    Subd. 3. Subsequent eligibility. This section Subdivision 2, clause (1), is not
27.30applicable to a transfer to a person who became eligible to possess a pistol or semiautomatic
27.31military-style assault weapon under section 624.713 after the transfer occurred but before
27.32the transferee used or possessed the weapon in furtherance of any crime.
28.1EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
28.2committed on or after that date.

28.3    Sec. 45. PRIOR CIVIL COMMITMENTS AND FELONY CONVICTIONS.
28.4(a) By September 1, 2013, a civil commitment court shall electronically enter
28.5information to the National Instant Criminal Background Check System information on
28.6all persons civilly committed during the years 2008 to 2012 that has not already been
28.7entered in the system.
28.8(b) By September 1, 2013, a criminal justice agency shall electronically enter into a
28.9Bureau of Criminal Apprehension-managed or federal database information on all persons
28.10convicted of a felony during the years 2008 to 2012 that has not already been entered in a
28.11searchable database. The bureau shall convert into an electronic format and enter into the
28.12appropriate searchable database, within 72 hours of receipt of the data, all data received
28.13from the criminal justice agency that is not entered by that agency into a bureau-managed
28.14or federal searchable database. For the purposes of this paragraph, "criminal justice
28.15agency" has the meaning given under Minnesota Statutes, section 299C.46, subdivision 2.
28.16(c) The governor or commissioner of public safety may extend the time for entering
28.17information of prior civil commitments and felony convictions under paragraphs (a) and
28.18(b) for a period not to exceed 60 days for good cause shown.

28.19    Sec. 46. CRIMINAL AND JUVENILE JUSTICE INFORMATION POLICY
28.20GROUP.
28.21The Criminal and Juvenile Justice Information Policy Group shall report to the chairs
28.22and ranking minority members of the house of representatives and senate committees
28.23having jurisdiction over criminal justice policy and funding by January 1, 2014, on the
28.24search capabilities of the Bureau of Criminal Apprehension-managed databases and
28.25recommend how the search capabilities of the databases may be improved with, among
28.26other proposals, an increase in the number of identification data for each person included
28.27in the databases. The group shall also report on the progress made on reducing the number
28.28of bureau suspense files and recommendations to facilitate the reduction of these files. The
28.29group, in consultation with the revisor of statutes, shall review existing law relating to the
28.30timely transmittal and entry of data and propose legislation for the 2014 legislative session
28.31that clarifies, conforms, implements, and resolves any conflicts with this act.

28.32    Sec. 47. REPEALER.
29.1Minnesota Statutes 2012, sections 609.66, subdivision 1f; and 624.7132, subdivision
29.214, are repealed."
29.3Delete the title and insert:
29.5relating to public safety; modifying provisions related to the transfer of pistols
29.6and semiautomatic military-style assault weapons, to eligibility to carry a
29.7handgun in public, and to eligibility to possess a firearm; modifying the
29.8judicial process for restoring firearms eligibility to certain persons who have
29.9become ineligible; modifying the judicial challenge process for persons who
29.10have been denied a permit to carry a handgun; regulating the possession of
29.11ammunition by certain persons; making it a crime to falsely report the loss or
29.12theft of a firearm; expanding the crime of transferring certain firearms to an
29.13ineligible person; clarifying the law on aiding and abetting an ineligible person to
29.14possess a firearm; requiring the reporting of certain information to the National
29.15Instant Criminal Background Check System for the purpose of facilitating
29.16firearms background checks; creating a reporting requirement; requiring timely
29.17transmittal of civil commitment, law enforcement, and court data to certain
29.18state and federal searchable databases; requiring a report;amending Minnesota
29.19Statutes 2012, sections 241.301; 245.041; 253B.24; 299C.10, subdivisions 1, 3;
29.20299C.11, subdivision 1; 299C.14; 299C.17; 609.02, by adding a subdivision;
29.21609.11, subdivision 9; 609.165; 609.505, by adding a subdivision; 624.712,
29.22subdivision 5, by adding a subdivision; 624.713, subdivisions 1, 1a, 2, 3, 4, by
29.23adding subdivisions; 624.7131, subdivisions 1, 4, 5, 7, by adding a subdivision;
29.24624.7132, subdivisions 1, 3, 4, 5, 6, 12, 13, 15, by adding a subdivision; 624.714,
29.25subdivisions 6, 8, 12, 16, 21; 624.7141, subdivisions 1, 2, 3; proposing coding
29.26for new law in Minnesota Statutes, chapter 299C; repealing Minnesota Statutes
29.272012, sections 609.66, subdivision 1f; 624.7132, subdivision 14."