Section 1 directs the commissioner of Corrections to transfer fingerprint records of offenders transferred to the custody of the commissioner from another state to the Bureau of Criminal Apprehension (BCA) or National Instant Criminal Background Check System (NICS) by electronic entry within 24 hours of receiving the fingerprints. If the BCA receives data under this section in nonelectronic format, the commissioner must convert that record into electronic format for entry into the appropriate searchable databases within 72 hours of receiving the record.

Section 2 amends the law requiring the reporting of firearms and explosives background check information. Current law, since 1994, has directed the commissioner of Human Services (DHS) to electronically provide mental health commitment information on individuals to the Minnesota Crime Information  System (MnCIS) maintained by the Minnesota BCA for use by local law enforcement agencies in performing background checks on applicants for a permit-to-purchase a pistol or semi-automatic military style assault weapon (i.e., a SAMSAW) or a permit-to-carry a pistol in Minnesota. This provision broadens that requirement by directing that the commissioner of DHS must also provide such information to NICS being maintained by the FBI for the purpose of background checks on all firearms purchasers nationally. Under this section, the commissioner must, by August 1, 2013, transfer to both of these agencies all mental health commitment information in its possession dating to August 1, 1994 (the original effective date of the statute).

Section 3 directs a court to submit a mental health adjudication to NICS within 24 hours of issuing the ruling if it affects a mentally ill person’s right to possess firearms.

Section 4 requires the BCA to convert any “hard copy” data it receives from criminal justice agencies into electronic format for entry into the appropriate searchable databases within 72 hours of receiving the records.

Section 5 compels local law enforcement agencies to submit electronic fingerprint records to state and/or federal searchable databases within 24 hours of taking the fingerprints.

Section 6 directs the BCA to convert paper records of fingerprints, thumbprints, and other identification data into electronic format within 72 hours of receiving the data.

Section 7 directs the BCA to enter alias data for persons listed in the BCA’s offender database within 72 hours of the BCA becoming aware of the new identifying data.

Section 8 directs sheriffs and the commissioner of Corrections to enter specified data about soon-to-be-released offenders into either a bureau-managed offender database or a federal searchable database. This transfer must occur within 24 hours of the offender’s release.

Section 9 authorizes the superintendent of the BCA to require the court administrator to provide the BCA with the sentence for each felony and gross misdemeanor case within 24 hours of disposition of the case.

Sections 10, 11, 15, 17, and 19 amend various provisions in law prohibiting certain persons from possessing firearms or providing penalties for certain persons who possess firearms to include references to ammunition. Defines ammunition. (Similar changes are made in other sections of the bill as well.)

Section 12 amends the criminal code's provision authorizing a person who is ineligible to possess a firearm based on having committed a crime of violence to have that eligibility restored.

Under current law, a judge may grant the relief sought if the person shows good cause to do so and has been released from physical confinement for the offense. This section requires that the petitioner establish by clear and convincing evidence that the petitioner is not likely to act in a manner that is dangerous to public safety, and that the granting of relief is not contrary to the public interest. Authorizes a person to bring a petition anytime after the person’s sentence for the underlying crime of violence has expired. Requires the petitioner to notify the prosecutorial office that had jurisdiction over the underlying crime of violence and the corrections department that supervised the petitioner of the petition. Requires that the petition be filed in the county in which the petitioner was convicted of the underlying crime. Provides that the petitioner may be required to disclose relevant information, and agree to release mental health information to facilitate the court’s decision. Requires that specified information regarding the petition be reported.

Also adds references to ammunition (see sections 10, 11, 15, 17, and 19).

Section 13 amends the criminal code's falsely reporting a crime provision to make it a gross misdemeanor to inform a law enforcement officer that a firearm has been lost or stolen knowing that the report is false. Makes it a felony if the violation is a repeat violation or it occurs while knowing or having reason to believe that the firearm has been transferred to someone who intends use it in furtherance of a felony crime of violence.

Section 14 amends the definition of "crime of violence" in the firearms chapter of law (M.S., chapter 624) by adding felony level 5th degree assaults and domestic assaults, domestic assaults by strangulation, and repeat violations of the law prohibiting juveniles from possessing pistols or SAMSAWs. It is a 15 year felony for a person who has been convicted or adjudicated delinquent for a crime of violence to possess a firearm. In addition, such a person is ineligible to possess a firearm for the remainder of the person’s life (unless eligibility has been restored by court order).

Also adds references to ammunition (see sections 10, 11, 15, 17, and 19).

Section 16 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 involuntary confinement (not just commitment) of these individuals. Expands ineligibility 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 involuntary 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 involuntary confinement (not just commitment). Strikes the definition of "judicial determination". This term is no longer used in the section due to the changes discussed earlier. Clarifies that the ineligibility provision relating to mentally ill, developmentally disabled, and mentally ill and dangerous commitments applies also to situations in which the commitment order was stayed.

Provides for a 3-year period of ineligibility to possess a firearm for persons convicted of gross misdemeanor violations of section 13 (lost or stolen firearms; false reporting) or section 42 (transfer of pistol or SAMSAW to ineligible person). Also adds references to ammunition (see sections 10, 11, 15, 17, and 19).

Section 18 amends the penalty provision applicable to section 624.713 (certain persons not to possess firearms) to provide that a person is criminally liable for a violation of the provision committed by another if the person intentionally aids,  advises, hires, counsels, or conspires with or otherwise procures the other person to commit the crime.

Also adds references to ammunition (see sections 10, 11, 15, 17, and 19).

Section 20 requires a court that civilly commits a person or adjudicates a mentally ill person in a manner that disqualifies the person from possessing firearms to notify the Department of Public Safety (DPS). DPS is required to report the information to the FBI for inclusion in NICS. Requires the court to provide notice to the person of their firearms disqualification.

Section 21 amends the provision of law authorizing a person who is prohibited from possessing a firearm due to being mentally ill, developmentally disabled, mentally ill and dangerous, or chemically dependent to have that ability restored. Provides that a judge may grant the relief sought if the petitioner establishes eligibility by clear and convincing evidence. Requires the petitioner to serve a copy of the petition on the prosecutorial office responsible for the commitment.

Adds a conforming change related to section 16 and references to ammunition (see sections 10, 11, 15, 17, and 19).

Section 22 adds a new subdivision to section 624.713 directing the courts to notify NICS whenever the court places a person (adult or juvenile), who is charged with committing a crime of violence, into a pretrial diversion program before disposition. The court must notify NICS of both the person’s placement and the ordered expiration date of the program, and when the person completes the program the prosecuting attorney must notify NICS of that fact in a timely manner. Section 624.713 prohibits such a person from possessing firearms until successfully completing the pretrial diversion program.

The section also directs the court to notify NICS of any gross misdemeanor conviction that disqualifies the person from possessing firearms, including the expiration date of that disqualification. If notice is provided for a disqualification based solely on a charge, the court must provide notice of the disposition of the case to the FBI.

Sections 23 to 27 amend the transferee permit law (i.e., permit to purchase law). Provides that a person is not eligible for a permit if the person is prohibited by state or federal law from possessing a pistol or SAMSAW (see sections 23, 24, and 27). Current law refers only to being prohibited under section 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 23). 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 25). 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. Requires a police chief or sheriff to refuse to grant a permit to a person who is a danger to self or others (see sections 23 and 24). Requires that this decision be based on documented past contact with law enforcement. Requires a disqualification notice to describe and document the specific police contact or contacts relied upon to deny the permit. Prohibits a person from reapplying for a permit if less than six months have elapsed since a denial.  Requires a chief or sheriff who denies a permit application based on danger to self or others to provide a copy of the notice of disqualification to other law enforcement entities with joint-jurisdiction over the person’s residence. Authorizes a police chief or sheriff to issue an emergency permit without fully complying with the permit law investigation provision (see section 26).

Sections  28 to 36 amend the transfer report law to make the same changes being made to the transferee permit law in sections 23 to 27 (prohibited by state or federal law--sections 28, 29, 30, 31, and 32; photocopy of driver's license, etc.--section 28; in-person appearance, fingerprinting, extension of timeline--section 30; denial based on danger to self or others--sections 28, 29, 31, 32, and 35).  In addition, makes the timelines specified in the law uniform at seven business days (see section 30).  Prohibits a person from transferring a pistol or SAMSAW unless the transferor or transferee is a federally licensed firearms dealer (see section 33). 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. Clarifies the role of auctioneers and specifies the process for transfers of pistols or SAMSAWs taking place at an auction. 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 34). Provides that a permit or report is not required for loans of up to 72 hours between persons lawfully engaged in hunting or target shooting as long as the loanee is not ineligible to possess a firearm (see section 34). Under current law, these loans are capped at 24 hours and there is no ineligibility language. Makes it a felony for a person to transfer a pistol or 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 36). Also makes a repeat violation of the basic transfer report law a felony (see section 36).

Section 37 amends the permit to carry law to allow sheriffs to deny the issuance of a permit based on there being a likelihood that the applicant is a danger to self or the public. Current laws require there be a substantial likelihood.

Section 38 amends the permit to carry law’s provision authorizing a sheriff to file a petition in court to revoke an existing permit to carry. Strikes language requiring the court to award reasonable costs, expenses, and attorney fees against the sheriff if the court denies the petition.

Section 39 amends the permit to carry law’s provision relating to appeals of a denial of a permit to carry. (This provision is also applicable to judicial determinations on a sheriff's revocation petition.) Under current law, a court must direct that a permit be issued unless the sheriff establishes by clear and convincing evidence that the applicant is disqualified under the permit to carry criteria, or that there exists a substantial likelihood that the applicant is a danger to self or the public if issued a permit to carry. Lowers the standard of proof to a preponderance of evidence and strikes the requirement that the likelihood of danger to self or the public be substantial. Allows incidents of alleged criminal misconduct that are documented to be considered when determining whether there is a likelihood of a danger to self or others (current law requires that the incidents also be investigated). Strikes the requirement that the court award the applicant reasonable costs, expenses, and attorney fees if the applicant is successful on the appeal.

Section 40 amends the permit to carry law’s provision addressing recognition of permits from other states. Strikes language requiring that a court award a permit holder reasonable costs,  expenses, and attorney fees if the court denies a sheriff’s petition to revoke an out-of-state permit holder’s authority to carry a pistol in Minnesota.

Section 41 amends the permit to carry law’s provision regarding the use of permit fees collected by sheriffs. Strikes language allowing sheriffs to use these fees to pay costs, expenses, and attorney fees of successful challenges or the sheriff’s denial of a permit. This language is no longer necessary due to the changes in sections 38, 39, and 40.

Section 42 amends the gross misdemeanor transfer of a pistol or SAMSAW to an ineligible person crime to include violations where the offender has reason to believe that the transferee is ineligible to possess a firearm.  Also, expands the crime to include transfers to persons prohibited by state or federal law from possessing a firearm (not just prohibited under section 624.713).

Section 43 amends the felony transfer of a pistol or a SAMSAW to an ineligible person crime to include violations where the transferor knows or has reason to believe that the transferee intends to use the weapon in furtherance of a felony crime of violence.

Section 44 is a conforming change necessitated by section 43.

Section 45 establishes a September 1, 2013, deadline for courts and criminal justice agencies to enter data on civil commitments and felony convictions from 2008 to 2012, if those records have not already been submitted to the appropriate searchable databases.

Section 46 directs the criminal and juvenile justice information policy group to submit a report to the legislature recommending how to improve the search capabilities of BCA managed databases. The group shall also report on the progress of reducing the number of files in suspense. The group shall also consult with the Revisor on other statutory changes needed to implement this bill and the group’s legislative recommendations.

Section 47 repeals two sections of law superseded by this amendment.

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