Section 1 amends the child in need of protection or services (CHIPS) disposition law to provide that if the court, as part of the disposition: (1) restrains the abusing party from harassing, stalking, or threatening the abused party, or restrains the abusing party from engaging in other conduct that would put the abused party in reasonable fear of bodily harm; (2) includes a finding that the abusing party represents a credible threat to the physical safety of the abused party; and (3) prohibits the abusing party from using, attempting to use, or threatening to use physical force against the abused party; the order must prohibit the abusing party from possessing firearms during the period the order is in effect. Requires the abusing party to surrender any permits to carry or purchase firearms. In addition, requires the court to order the abusing party to surrender any firearms that the abusing party controls, owns, or possesses to a federally-licensed firearms dealer or law enforcement agency. The dealer or agency may charge the person a reasonable fee to store the firearms.
Section 2 amends the domestic abuse order for protection (OFP) law to add nearly the same language being added in section 1. The only difference is that this language requires that the credible threat be one that would cause substantial harm to the physical safety of the abused party.
Section 3 amends the domestic assault law's provision restricting firearm possession to provide that when a person is convicted of assault in the first, second, third or fifth degree assault involving the intentional infliction of or an attempt to inflict bodily harm upon another, or domestic assault by strangulation, and the court determines that the assault was against a family or a household member, the court must order the person to surrender any permits to carry or purchase firearms and also to surrender firearms that the person controls, owns, or possesses to a federally-licensed firearms dealer or law enforcement agency. The dealer or agency may charge the person a reasonable fee to store the firearms.
Section 4 amends the stalking law's provision on restricting firearm possession to persons convicted of stalking to add the same language being related to surrendering permits and firearms added in section 3.
Section 5 expands the list of persons who are ineligible to possess firearms under Minnesota Statutes, section 624.713, to include persons prohibited from possessing firearms pursuant to an OFP under the language being added in section 2.
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