Lifetime firearms ban on persons who are convicted of certain misdemeanor and gross misdemeanor domestic assault offenses established.

A bill for an act

relating to public safety; establishing a lifetime firearms ban on persons who are

convicted of certain misdemeanor and gross misdemeanor domestic assault

offenses; amending Minnesota Statutes 2024, sections 518B.01, subdivision 14;

609.2242, subdivision 3; 624.713, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 518B.01, subdivision 14, is amended to read:

Subd. 14.

Violation of an order for protection.

(a) A person who violates an order for

protection issued by a judge or referee is subject to the penalties provided in paragraphs (b)

to (d).

(b) Except as otherwise provided in paragraphs (c) and (d), whenever an order for

protection is granted by a judge or referee or pursuant to a similar law of another state, the

United States, the District of Columbia, tribal lands, United States territories, Canada, or a

Canadian province, and the respondent or person to be restrained knows of the existence

of the order, violation of the order for protection is a misdemeanor. Upon a misdemeanor

conviction under this paragraph, the defendant must be sentenced to a minimum of three

days imprisonment and must be ordered to participate in counseling or other appropriate

programs selected by the court. If the court stays imposition or execution of the jail sentence

and the defendant refuses or fails to comply with the court's treatment order, the court must

impose and execute the stayed jail sentence. A violation of an order for protection shall also

constitute contempt of court and be subject to the penalties provided in chapter 588.

(c) A person is guilty of a gross misdemeanor who violates this subdivision within ten

years of a previous qualified domestic violence-related offense conviction or adjudication

of delinquency. Upon a gross misdemeanor conviction under this paragraph, the defendant

must be sentenced to a minimum of ten days imprisonment and must be ordered to participate

in counseling or other appropriate programs selected by the court. Notwithstanding section

609.135, the court must impose and execute the minimum sentence provided in this paragraph

for gross misdemeanor convictions.

(d) A person is guilty of a felony and may be sentenced to imprisonment for not more

than five years or to payment of a fine of not more than $10,000, or both, if the person

violates this subdivision:

(1) within ten years of the first of two or more previous qualified domestic

violence-related offense convictions or adjudications of delinquency; or

(2) while possessing a dangerous weapon, as defined in section 609.02, subdivision 6.

Upon a felony conviction under this paragraph in which the court stays imposition or

execution of sentence, the court shall impose at least a 30-day period of incarceration as a

condition of probation. The court also shall order that the defendant participate in counseling

or other appropriate programs selected by the court. Notwithstanding section 609.135, the

court must impose and execute the minimum sentence provided in this paragraph for felony

convictions.

(e) A peace officer shall arrest without a warrant and take into custody a person whom

the peace officer has probable cause to believe has violated an order granted pursuant to

this section or a similar law of another state, the United States, the District of Columbia,

tribal lands, United States territories, Canada, or a Canadian province restraining the person

or excluding the person from the residence or the petitioner's place of employment, even if

the violation of the order did not take place in the presence of the peace officer, if the

existence of the order can be verified by the officer. The probable cause required under this

paragraph includes probable cause that the person knows of the existence of the order. If

the order has not been served, the officer shall immediately serve the order whenever

reasonably safe and possible to do so. An order for purposes of this subdivision, includes

the short-form order described in subdivision 8a. When the order is first served upon the

person at a location at which, under the terms of the order, the person's presence constitutes

a violation, the person shall not be arrested for violation of the order without first being

given a reasonable opportunity to leave the location in the presence of the peace officer. A

person arrested under this paragraph shall be held in custody for at least 36 hours, excluding

the day of arrest, Sundays, and holidays, unless the person is released earlier by a judge or

judicial officer. A peace officer acting in good faith and exercising due care in making an

arrest pursuant to this paragraph is immune from civil liability that might result from the

officer's actions.

(f) If the court finds that the respondent has violated an order for protection and that

there is reason to believe that the respondent will commit a further violation of the provisions

of the order restraining the respondent from committing acts of domestic abuse or excluding

the respondent from the petitioner's residence, the court may require the respondent to

acknowledge an obligation to comply with the order on the record. The court may require

a bond sufficient to deter the respondent from committing further violations of the order

for protection, considering the financial resources of the respondent, and not to exceed

$10,000. If the respondent refuses to comply with an order to acknowledge the obligation

or post a bond under this paragraph, the court shall commit the respondent to the county

jail during the term of the order for protection or until the respondent complies with the

order under this paragraph. The warrant must state the cause of commitment, with the sum

and time for which any bond is required. If an order is issued under this paragraph, the court

may order the costs of the contempt action, or any part of them, to be paid by the respondent.

An order under this paragraph is appealable.

(g) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested

party designated by the court, alleging that the respondent has violated any order for

protection granted pursuant to this section or a similar law of another state, the United States,

the District of Columbia, tribal lands, United States territories, Canada, or a Canadian

province, the court may issue an order to the respondent, requiring the respondent to appear

and show cause within 14 days why the respondent should not be found in contempt of

court and punished therefor. The hearing may be held by the court in any county in which

the petitioner or respondent temporarily or permanently resides at the time of the alleged

violation, or in the county in which the alleged violation occurred, if the petitioner and

respondent do not reside in this state. The court also shall refer the violation of the order

for protection to the appropriate prosecuting authority for possible prosecution under

paragraph (b), (c), or (d).

(h) If it is alleged that the respondent has violated an order for protection issued under

subdivision 6 or a similar law of another state, the United States, the District of Columbia,

tribal lands, United States territories, Canada, or a Canadian province, and the court finds

that the order has expired between the time of the alleged violation and the court's hearing

on the violation, the court may grant a new order for protection under subdivision 6 based

solely on the respondent's alleged violation of the prior order, to be effective until the hearing

on the alleged violation of the prior order. If the court finds that the respondent has violated

the prior order, the relief granted in the new order for protection shall be extended for a

fixed period, not to exceed one year, except when the court determines a longer fixed period

is appropriate.

(i) The admittance into petitioner's dwelling of an abusing party excluded from the

dwelling under an order for protection is not a violation by the petitioner of the order for

protection.

A peace officer is not liable under section 609.43, clause (1), for a failure to perform a

duty required by paragraph (e).

(j) When a person is convicted under paragraph (b) or (c) of violating an order for

protection and the court determines that the person used a firearm in any way during

commission of the violation
new text begin
or the offense otherwise qualifies as a misdemeanor crime of

domestic violence, as defined in United States Code, title 18, section 921(a)(33)
new text end
, the court
deleted text begin

may
deleted text end
new text begin
shall
new text end
order that the person is prohibited from possessing any type of firearm for
deleted text begin
any

period longer than three years or for
deleted text end
the remainder of the person's life. A person who violates

this paragraph is guilty of a gross misdemeanor. At the time of the conviction, the court

shall inform the defendant
deleted text begin
whether and for how long the defendant is prohibited from
deleted text end
new text begin
of

the lifetime prohibition on
new text end
possessing a firearm and that it is a gross misdemeanor to violate

this paragraph. The failure of the court to provide this information to a defendant does not

affect the applicability of the firearm possession prohibition or the gross misdemeanor

penalty to that defendant.
new text begin
A firearms restriction imposed pursuant to this paragraph expires

if the person receives an expungement or pardon for the offense unless the pardon or

expungement expressly provides that the person may not ship, transport, possess, or receive

firearms. Expiration of a firearms restriction imposed pursuant to this paragraph has no

impact on any other conviction or adjudication that restricts the person's firearms rights.
new text end

(k) Except as otherwise provided in paragraph (j), when a person is convicted under

paragraph (b) or (c) of violating an order for protection, the court shall inform the defendant

that the defendant is prohibited from possessing
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a pistol
deleted text end
new text begin
firearms
new text end
for three years from the

date of conviction and that it is a gross misdemeanor offense to violate this prohibition. The

failure of the court to provide this information to a defendant does not affect the applicability

of the
deleted text begin
pistol
deleted text end
new text begin
firearms
new text end
possession prohibition or the gross misdemeanor penalty to that

defendant.

(l) Except as otherwise provided in paragraph (j), a person is not entitled to possess
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a

pistol
deleted text end
new text begin
firearms
new text end
if the person has been convicted under paragraph (b) or (c) after August 1,

1996, of violating an order for protection, unless three years have elapsed from the date of

conviction and, during that time, the person has not been convicted of any other violation

of this section. Property rights may not be abated but access may be restricted by the courts.

A person who possesses a
deleted text begin
pistol
deleted text end
new text begin
firearm
new text end
in violation of this paragraph is guilty of a gross

misdemeanor.

(m) If the court determines that a person convicted under paragraph (b) or (c) of violating

an order for protection owns or possesses a firearm and used it in any way during the

commission of the violation, it shall order that the firearm be summarily forfeited under

section 609.5316, subdivision 3.

Sec. 2.

Minnesota Statutes 2024, section 609.2242, subdivision 3, is amended to read:

Subd. 3.

Domestic assaults; firearms.

(a) When a person is convicted of a violation of

this section or section
609.221
,
609.222
,
609.223
,
609.224
, or
609.2247
, the court shall

determine and make written findings on the record as to whether:

(1) the assault was committed against a family or household member, as defined in

section
518B.01, subdivision 2
;

(2) the defendant owns or possesses a firearm; and

(3) the firearm was used in any way during the commission of the assault.

(b) If the court determines that the assault was of a family or household member, and

that the offender owns or possesses a firearm and used it in any way during the commission

of the assault, it shall order that the firearm be summarily forfeited under section
609.5316,

subdivision 3
.

(c) When a person is convicted of assaulting a family or household member and is

determined by the court to have used a firearm in any way during commission of the assault
new text begin

or the offense otherwise qualifies as a misdemeanor crime of domestic violence, as defined

in United States Code, title 18, section 921(a)(33)
new text end
, the court
deleted text begin
may
deleted text end
new text begin
shall
new text end
order that the person

is prohibited from possessing any type of firearm for
deleted text begin
any period longer than three years or

for
deleted text end
the remainder of the person's life. A person who violates this paragraph is guilty of a

gross misdemeanor. At the time of the conviction, the court shall inform the defendant
deleted text begin
for

how long the defendant is prohibited from
deleted text end
new text begin
of the lifetime prohibition on
new text end
possessing a firearm

and that it is a gross misdemeanor to violate this paragraph. The failure of the court to

provide this information to a defendant does not affect the applicability of the firearm

possession prohibition or the gross misdemeanor penalty to that defendant.
new text begin
A firearms

restriction imposed pursuant to this paragraph expires if the person receives an expungement

or pardon for the offense unless the pardon or expungement expressly provides that the

person may not ship, transport, possess, or receive firearms. Expiration of a firearms

restriction imposed pursuant to this paragraph has no impact on any other conviction or

adjudication that restricts the person's firearms rights.
new text end

(d) Except as otherwise provided in paragraph (c), when a person is convicted of a

violation of this section or section
609.224
and the court determines that the victim was a

family or household member, the court shall inform the defendant that the defendant is

prohibited from possessing a firearm for three years from the date of conviction and that it

is a gross misdemeanor offense to violate this prohibition. The failure of the court to provide

this information to a defendant does not affect the applicability of the firearm possession

prohibition or the gross misdemeanor penalty to that defendant.

deleted text begin

(e) Except as otherwise provided in paragraph (c), a person is not entitled to possess a

pistol if the person has been convicted after August 1, 1992, or a firearm if a person has

been convicted on or after August 1, 2014, of domestic assault under this section or assault

in the fifth degree under section
609.224
and the assault victim was a family or household

member as defined in section
518B.01, subdivision 2
, unless three years have elapsed from

the date of conviction and, during that time, the person has not been convicted of any other

violation of this section or section
609.224
. Property rights may not be abated but access

may be restricted by the courts. A person who possesses a firearm in violation of this

paragraph is guilty of a gross misdemeanor.

deleted text end

deleted text begin

(f)
deleted text end
new text begin
(e)
new text end
Except as otherwise provided in paragraphs (b) and
deleted text begin
(h)
deleted text end
new text begin
(g)
new text end
, when a person is

convicted of a violation of this section or section
609.221
,
609.222
,
609.223
,
609.224
, or

609.2247
and the court determines that the assault was against a family or household member,

the court shall order the defendant to transfer any firearms that the person possesses, within

three business days, to a federally licensed firearms dealer, a law enforcement agency, or

a third party who may lawfully receive them. The transfer may be permanent or temporary,

unless the court prohibits the person from possessing a firearm for the remainder of the

person's life under paragraph (c). A temporary firearm transfer only entitles the receiving

party to possess the firearm. A temporary transfer does not transfer ownership or title. A

defendant may not transfer firearms to a third party who resides with the defendant. If a

defendant makes a temporary transfer, a federally licensed firearms dealer or law enforcement

agency may charge the defendant a reasonable fee to store the person's firearms and may

establish policies for disposal of abandoned firearms, provided such policies require that

the person be notified by certified mail prior to disposal of abandoned firearms. For temporary

firearms transfers under this paragraph, a law enforcement agency, federally licensed firearms

dealer, or third party shall exercise due care to preserve the quality and function of the

transferred firearms and shall return the transferred firearms to the person upon request after

the expiration of the prohibiting time period imposed under this subdivision, provided the

person is not otherwise prohibited from possessing firearms under state or federal law. The

return of temporarily transferred firearms to a person shall comply with state and federal

law. If a defendant permanently transfers the defendant's firearms to a law enforcement

agency, the agency is not required to compensate the defendant and may charge the defendant

a reasonable processing fee. A law enforcement agency is not required to accept a person's

firearm under this paragraph. The court shall order that the person surrender all permits to

carry and purchase firearms to the sheriff.

deleted text begin

(g)
deleted text end
new text begin
(f)
new text end
A defendant who is ordered to transfer firearms under paragraph
deleted text begin
(f)
deleted text end
new text begin
(e)
new text end
must file

proof of transfer as provided for in this paragraph. If the transfer is made to a third party,

the third party must sign an affidavit under oath before a notary public either acknowledging

that the defendant permanently transferred the defendant's firearms to the third party or

agreeing to temporarily store the defendant's firearms until such time as the defendant is

legally permitted to possess firearms. The affidavit shall indicate the serial number, make,

and model of all firearms transferred by the defendant to the third party. The third party

shall acknowledge in the affidavit that the third party may be held criminally and civilly

responsible under section
624.7144
if the defendant gains access to a transferred firearm

while the firearm is in the custody of the third party. If the transfer is to a law enforcement

agency or federally licensed firearms dealer, the law enforcement agency or federally

licensed firearms dealer shall provide proof of transfer to the defendant. The proof of transfer

must specify whether the firearms were permanently or temporarily transferred and include

the name of the defendant, date of transfer, and the serial number, make, and model of all

transferred firearms. The defendant shall provide the court with a signed and notarized

affidavit or proof of transfer as described in this section within two business days of the

firearms transfer. The court shall seal affidavits and proofs of transfer filed pursuant to this

paragraph.

deleted text begin

(h)
deleted text end
new text begin
(g)
new text end
When a person is convicted of a violation of this section or section
609.221
,

609.222
,
609.223
,
609.224
, or
609.2247
, and the court determines that the assault was

against a family or household member, the court shall determine by a preponderance of the

evidence if the person poses an imminent risk of causing another person substantial bodily

harm. Upon a finding of imminent risk, the court shall order that the local law enforcement

agency take immediate possession of all firearms in the person's possession. The local law

enforcement agency shall exercise due care to preserve the quality and function of the

defendant's firearms and shall return the firearms to the person upon request after the

expiration of the prohibiting time period, provided the person is not otherwise prohibited

from possessing firearms under state or federal law. The local law enforcement agency

shall, upon written notice from the person, transfer the firearms to a federally licensed

firearms dealer or a third party who may lawfully receive them. Before a local law

enforcement agency transfers a firearm under this paragraph, the agency shall require the

third party or federally licensed firearms dealer receiving the firearm to submit an affidavit

or proof of transfer that complies with the requirements for affidavits or proofs of transfer

established in paragraph
deleted text begin
(g)
deleted text end
new text begin
(h)
new text end
. The agency shall file all affidavits or proofs of transfer

received with the court within two business days of the transfer. The court shall seal all

affidavits or proofs of transfer filed pursuant to this paragraph. A federally licensed firearms

dealer or third party who accepts a firearm transfer pursuant to this paragraph shall comply

with paragraphs
new text begin
(e) and
new text end
(f)
deleted text begin
and (g)
deleted text end
as if accepting transfer from the defendant. If the law

enforcement agency does not receive written notice from the defendant within three business

days, the agency may charge a reasonable fee to store the defendant's firearms. A law

enforcement agency may establish policies for disposal of abandoned firearms, provided

such policies require that the person be notified via certified mail prior to disposal of

abandoned firearms.

Sec. 3.

Minnesota Statutes 2024, section 624.713, subdivision 1, is amended to read:

Subdivision 1.

Ineligible persons.

The following persons shall not be entitled to possess

ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause

(1), any other firearm:

(1) a person under the age of 18 years except that a person under 18 may possess

ammunition designed for use in a firearm that the person may lawfully possess and may

carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual

presence or under the direct supervision of the person's parent or guardian, (ii) for the

purpose of military drill under the auspices of a legally recognized military organization

and under competent supervision, (iii) for the purpose of instruction, competition, or target

practice on a firing range approved by the chief of police or county sheriff in whose

jurisdiction the range is located and under direct supervision; or (iv) if the person has

successfully completed a course designed to teach marksmanship and safety with a pistol

or semiautomatic military-style assault weapon and approved by the commissioner of natural

resources;

(2) except as otherwise provided in clause (9), a person who has been convicted of, or

adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in

this state or elsewhere, a crime of violence. For purposes of this section, crime of violence

includes crimes in other states or jurisdictions which would have been crimes of violence

as herein defined if they had been committed in this state;

(3) a person who is or has ever been committed in Minnesota or elsewhere by a judicial

determination that the person is mentally ill, developmentally disabled, or mentally ill and

dangerous to the public, as defined in section
253B.02
, to a treatment facility, or who has

ever been found incompetent to stand trial or not guilty by reason of mental illness, unless

the person's ability to possess a firearm and ammunition has been restored under subdivision

4;

(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or

gross misdemeanor violation of chapter 152, unless three years have elapsed since the date

of conviction and, during that time, the person has not been convicted of any other such

violation of chapter 152 or a similar law of another state; or a person who is or has ever

been committed by a judicial determination for treatment for the habitual use of a controlled

substance or marijuana, as defined in sections
152.01
and
152.02
, unless the person's ability

to possess a firearm and ammunition has been restored under subdivision 4;

(5) a person who has been committed to a treatment facility in Minnesota or elsewhere

by a judicial determination that the person is chemically dependent as defined in section

253B.02
, unless the person has completed treatment or the person's ability to possess a

firearm and ammunition has been restored under subdivision 4. Property rights may not be

abated but access may be restricted by the courts;

(6) a peace officer who is informally admitted to a treatment facility pursuant to section

253B.04
for chemical dependency, unless the officer possesses a certificate from the head

of the treatment facility discharging or provisionally discharging the officer from the

treatment facility. Property rights may not be abated but access may be restricted by the

courts;

(7) a person, including a person under the jurisdiction of the juvenile court, who has

been charged with committing a crime of violence and has been placed in a pretrial diversion

program by the court before disposition, until the person has completed the diversion program

and the charge of committing the crime of violence has been dismissed;

(8) except as otherwise provided in clause (9), a person who has been convicted in

another state of committing an offense similar to the offense described in section
609.224,

subdivision 3
, against a family or household member or section
609.2242, subdivision 3
,

unless three years have elapsed since the date of conviction and, during that time, the person

has not been convicted of any other violation of section
609.224, subdivision 3
, or
609.2242,

subdivision 3
, or a similar law of another state;

(9) a person who has been convicted in this state or elsewhere of
new text begin
either
new text end
new text begin
(i)
new text end
assaulting a

family or household member and who was found by the court to have used a firearm in any

way during commission of the assault
new text begin
, or (ii) an offense that qualifies as a misdemeanor

crime of domestic violence, as defined in United States Code, title 18, section 921(a)(33),
new text end

is prohibited from possessing any type of firearm or ammunition for the
deleted text begin
period determined

by the sentencing court
deleted text end
new text begin
remainder of the person's life
new text end
;

(10) a person who:

(i) has been convicted in any court of a crime punishable by imprisonment for a term

exceeding one year;

(ii) is a fugitive from justice as a result of having fled from any state to avoid prosecution

for a crime or to avoid giving testimony in any criminal proceeding;

(iii) is an unlawful user of any controlled substance as defined in chapter 152. The use

of medical cannabis flower or medical cannabinoid products by a patient enrolled in the

registry program or the use of adult-use cannabis flower, adult-use cannabis products,

lower-potency hemp edibles, or hemp-derived consumer products by a person 21 years of

age or older does not constitute the unlawful use of a controlled substance under this item;

(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere as

a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the

public, as defined in section
253B.02
;

(v) is an alien who is illegally or unlawfully in the United States;

(vi) has been discharged from the armed forces of the United States under dishonorable

conditions;

(vii) has renounced the person's citizenship having been a citizen of the United States;

or

(viii) is disqualified from possessing a firearm under United States Code, title 18, section

922(g)(8) or (9), as amended through March 1, 2014;

(11) a person who has been convicted of the following offenses at the gross misdemeanor

level, unless three years have elapsed since the date of conviction and, during that time, the

person has not been convicted of any other violation of these sections: section
609.229

(crimes committed for the benefit of a gang);
609.2231, subdivision 4
(assaults motivated

by bias);
609.255
(false imprisonment);
609.378
(neglect or endangerment of a child);

609.582, subdivision 4
(burglary in the fourth degree);
609.665
(setting a spring gun);
609.71

(riot); or
609.749
(harassment or stalking). For purposes of this paragraph, the specified

gross misdemeanor convictions include crimes committed in other states or jurisdictions

which would have been gross misdemeanors if conviction occurred in this state;

(12) a person who has been convicted of a violation of section
609.224
if the court

determined that the assault was against a family or household member in accordance with

section 609.2242, subdivision 3 (domestic assault), unless three years have elapsed since

the date of conviction and, during that time, the person has not been convicted of another

violation of section
609.224
or a violation of a section listed in clause (11);

(13) a person who is subject to an order for protection as described in section
260C.201,

subdivision 3
, paragraph (d), or
518B.01, subdivision 6
, paragraph (g); or

(14) a person who is subject to an extreme risk protection order as described in section

624.7172
or
624.7174
.

A person who issues a certificate pursuant to this section in good faith is not liable for

damages resulting or arising from the actions or misconduct with a firearm or ammunition

committed by the individual who is the subject of the certificate.

The prohibition in this subdivision relating to the possession of firearms other than

pistols and semiautomatic military-style assault weapons does not apply retroactively to

persons who are prohibited from possessing a pistol or semiautomatic military-style assault

weapon under this subdivision before August 1, 1994.

The lifetime prohibition on possessing, receiving, shipping, or transporting firearms and

ammunition for persons convicted or adjudicated delinquent of a crime of violence in clause

(2), applies only to offenders who are discharged from sentence or court supervision for a

crime of violence on or after August 1, 1993.

Participation as a patient in the registry program or use of adult-use cannabis flower,

adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer

products by a person 21 years of age or older does not disqualify the person from possessing

firearms and ammunition under this section.

For purposes of this section, "judicial determination" means a court proceeding pursuant

to sections
253B.07
to
253B.09
or a comparable law from another state.