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S.F. No. 458 - Transfer of Pistols and SAMSAWs; Eligibility to Possess Firearms
 
Author: Senator Bobby Joe Champion
 
Prepared By: Kenneth P. Backhus, Senate Counsel (651/296-4396)
 
Date: February 20, 2013



 

Section 1 amends the provision of the firearms law specifying persons who are ineligible to possess firearms. Expands ineligibility of persons who are mentally ill, developmentally disabled, or mentally ill and dangerous to the public, by striking the requirement that the determination be a judicial one.  Also changes the provision to include confinement (not just commitment) of these individuals. Expands ineligibilty of persons who habitually use controlled substances or marijuana by striking the requirement that this be based on a judicial determination. Also changes the provision to include hospitalization (not just commitment). Expands the ineligibility of persons who are chemically dependent by striking the requirement that there be a judicial determination. Also changes the provision to include confinement (not just commitment).

Section 2 makes conforming changes related to section 1 to the judicial restoration of firearms eligibility law for persons who are mentally ill, developmentally disabled, mentally ill and dangerous, or chemically dependent.

Sections 3 to 8 amend the transferee report law (i.e., permit to purchase law). Provides that a person is not eligible for a permit if the person is prohibited by any state or federal law from possessing a pistol or semiautomatic military-style assault weapon (SAMSAW) (see sections 3, 4, and 6). Current law refers only to being prohibited under M.S. 624.713. Requires the proposed transferee to submit an accurate photocopy of the person’s current driver’s license, state identification card, or passport photo page (see section 3). Allows the law enforcement agency to set a fee not to exceed $25 for a permit (current law requires the permit to be granted free of charge) (see section 5). Authorizes the law enforcement agency to require the proposed transferee to appear in-person to present a current driver’s license, state identification card, or passport, if law enforcement is unable to verify the proposed transferee's identity or criminal record (see section 5). In these situations, the law enforcement agency may also fingerprint the proposed transferee. Extends the timeline for granting a permit in these instances to 30 days. Provides that in order for a valid permit to carry to be considered a transferee permit, the permit to carry must have been issued within the past 12 months (see sections 7 and 8).

Sections 9 to 18 amend the transfer report law to make the same changes being made to the transferee permit law in sections 3 to 8 (prohibited by state or federal law--sections 9, 10, 11, 12, 13, and 17; photocopy of driver's license, etc.--section 9; in-person appearance, fingerprinting, extension of timeline--section 11; recency of permit to carry--section 15).  In addition, makes the timelines specified in the law uniform at seven business days (see section 11).  Prohibits a person from transferring a pistol or SAMSAW unless the transferor or transferee is a federally licensed firearms dealer (see section 14). Provides that if neither party to a prospective transfer is a federally licensed firearms dealer, the parties must complete the transfer through a federally licensed dealer. Specifies the process by which such a transfer must occur. Authorizes a dealer to require a proposed transferee to pay a fee of not more than $25 for assistance. Provides that a permit or report is not required for a transfer to a relative who is not otherwise ineligible to possess a firearm under state or federal law (see section 16). Amends the current exception applicable to loans between persons at firearms collectors exhibitions to specify that the loan must be intended for a period of no more than 24 hours (see section 16). Makes it a felony for a person to transfer a pistol or a SAMSAW to another in violation of the transfer report law, if the person knows or has reason to know that the transferee is prohibited under law from possessing a firearm and the transferee uses the weapon within one year after the transfer in furtherance of a felony crime of violence (see section 18). Also makes a repeat violation of the basic transfer report  law a felony (see section 18).

Section 19 repeals two sections of law superseded by this bill.

 

KPB/tg

 
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