Uniform procedure established for imposition, implementation, and oversight of firearm restrictions resulting from certain criminal convictions and judicial orders.

A bill for an act

relating to public safety; establishing a uniform procedure for imposition,

implementation, and oversight of firearm restrictions resulting from certain criminal

convictions and judicial orders; amending Minnesota Statutes 2024, sections

260C.201, subdivision 3; 518B.01, subdivisions 6, 14; 609.2242, subdivision 3;

609.749, subdivision 8; 629.715, subdivision 2; Minnesota Statutes 2025

Supplement, sections 260C.141, subdivision 1; 518B.01, subdivision 4; proposing

coding for new law in Minnesota Statutes, chapter 518B.

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

Section 1.

Minnesota Statutes 2025 Supplement, section 260C.141, subdivision 1, is

amended to read:

Subdivision 1.

Who may file; required form.

(a) Any reputable person, including but

not limited to any agent of the commissioner of children, youth, and families, having

knowledge of a child in this state or of a child who is a resident of this state, who appears

to be in need of protection or services or neglected and in foster care, may petition the

juvenile court in the manner provided in this section.

(b) A petition for a child in need of protection filed by an individual who is not a county

attorney or an agent of the commissioner of children, youth, and families shall be filed on

a form developed by the state court administrator and provided to court administrators.

Copies of the form may be obtained from the court administrator in each county. The court

administrator shall review the petition before it is filed to determine that it is completed.

The court administrator may reject the petition if it does not indicate that the petitioner has

contacted the responsible social services agency.

An individual may file a petition under this subdivision without seeking internal review

of the responsible social services agency's decision. The court shall determine whether there

is probable cause to believe that a need for protection or services exists before the matter

is set for hearing. If the matter is set for hearing, the court administrator shall notify the

responsible social services agency by sending notice to the county attorney.

The petition must contain:

(1) a statement of facts that would establish, if proven, that there is a need for protection

or services for the child named in the petition;

(2) a statement that petitioner has reported the circumstances underlying the petition to

the responsible social services agency, and protection or services were not provided to the

child;

(3) a statement whether there are existing juvenile or family court custody orders or

pending proceedings in juvenile or family court concerning the child;

(4) a statement of the relationship of the petitioner to the child and any other parties;
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and
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(5) a statement whether the petitioner has inquired of the parent or parents of the child,

the child, and relatives about the child's heritage, including the child's Tribal lineage pursuant

to section
260.761
and the child's race, culture, and ethnicity pursuant to section
260.63
,

subdivision 10
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.
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; and
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(6) a description, to the best of the petitioner's knowledge, of the types and locations of

any firearms believed by the petitioner to be possessed by the abusing party or otherwise

in the home of the child, if the abusing party lives with the child.

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The court may not allow a petition to proceed under this paragraph if it appears that the

sole purpose of the petition is to modify custody between the parents.
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A court may not

dismiss a petition if the petitioner does not provide a description of firearms or the locations

of firearms owned by the respondent as required in clause (6).
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Sec. 2.

Minnesota Statutes 2024, section 260C.201, subdivision 3, is amended to read:

Subd. 3.

Domestic child abuse.

(a) If the court finds that the child is a victim of domestic

child abuse, as defined in section
260C.007, subdivision 13
, it may order any of the following

dispositions of the case in addition to or as alternatives to the dispositions authorized under

subdivision 1:

(1) restrain any party from committing acts of domestic child abuse;

(2) exclude the abusing party from the dwelling which the family or household members

share or from the residence of the child;

(3) on the same basis as is provided in chapter 518, establish temporary visitation with

regard to minor children of the adult family or household members;

(4) on the same basis as is provided in chapter 518 or 518A, establish temporary support

or maintenance for a period of 30 days for minor children or a spouse;

(5) provide counseling or other social services for the family or household members; or

(6) order the abusing party to participate in treatment or counseling services.

Any relief granted by the order for protection shall be for a fixed period not to exceed

one year.

(b) No order excluding the abusing party from the dwelling may be issued unless the

court finds that:

(1) the order is in the best interests of the child or children remaining in the dwelling;

(2) a remaining adult family or household member is able to care adequately for the

child or children in the absence of the excluded party; and

(3) the local welfare agency has developed a plan to provide appropriate social services

to the remaining family or household members.

(c) Upon a finding that the remaining parent is able to care adequately for the child and

enforce an order excluding the abusing party from the home and that the provision of

supportive services by the responsible social services agency is no longer necessary, the

responsible social services agency may be dismissed as a party to the proceedings. Orders

entered regarding the abusing party remain in full force and effect and may be renewed by

the remaining parent as necessary for the continued protection of the child for specified

periods of time, not to exceed one year.

(d) An order granting relief that was issued after a hearing of which the abusing party

received actual notice and at which the abusing party had the opportunity to participate,

shall prohibit the abusing party from possessing firearms for the length the order is in effect

if the order (1) restrains the abusing party from harassing, stalking, or threatening the child

or restrains the abusing party from engaging in other conduct that would place the child in

reasonable fear of bodily injury, and (2) includes a finding that the abusing party represents

a credible threat to the physical safety of the child or prohibits the abusing party from using,

attempting to use, or threatening to use physical force against the child. The order shall

inform the abusing party of that party's prohibited status. Except as provided in paragraph
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(f)
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(e)
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, the court shall order the abusing party to transfer any firearms that the person

possesses
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, 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. A temporary firearm transfer only entitles the receiving party to

possess the firearm. A temporary transfer does not transfer ownership or title. An abusing

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

abusing party makes a temporary transfer, a federally licensed firearms dealer or law

enforcement agency may charge the abusing party 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 via 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, provided the

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

return of temporarily transferred firearms to an abusing party shall comply with state and

federal law. If an abusing party permanently transfers the abusing party's firearms to a law

enforcement agency, the agency is not required to compensate the abusing party and may

charge the abusing party a reasonable processing fee. A law enforcement agency is not

required to accept an abusing party's firearm under this paragraph.
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as provided for in section

518B.03 and direct the abusing party to surrender all permits to carry and purchase firearms

to the court. If the court does not take immediate possession of an abusing party's permit

to carry or permit to purchase, the abusing party must surrender the permits to the chief law

enforcement officer who issued the permit as required under sections 624.714, subdivision

8, and 624.7131, subdivision 7. If the abusing party surrenders their permits to the chief

law enforcement officer, the person must declare that in the proof of transfer or declaration

of nonpossession required under section 518B.03, subdivision 3.
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(e) An abusing party who is ordered to transfer firearms under paragraph (d) 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 abusing party permanently transferred the abusing party's firearms to the third party

or agreeing to temporarily store the abusing party's firearms until such time as the abusing

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

make, and model of all firearms transferred by the abusing party 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 abusing party 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 abusing party. The

proof of transfer must specify whether the firearms were permanently or temporarily

transferred and include the name of the abusing party, date of transfer, and the serial number,

make, and model of all transferred firearms. The abusing party 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.

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(f)
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(e)
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When a court issues an order containing a firearms restriction provided for in

paragraph (d), the court shall determine by a preponderance of evidence if an abusing party

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 abusing party's possession.
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The local law enforcement

agency shall exercise due care to preserve the quality and function of the abusing party'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 abusing party, 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

(e). 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 (d) and

(e) as if accepting transfer from the abusing party. If the law enforcement agency does not

receive written notice from the abusing party within three business days, the agency may

charge a reasonable fee to store the abusing party's firearms. A law enforcement agency

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

that the abusing party be notified via certified mail prior to disposal of abandoned firearms.
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Sec. 3.

Minnesota Statutes 2025 Supplement, section 518B.01, subdivision 4, is amended

to read:

Subd. 4.

Order for protection.

There shall exist an action known as a petition for an

order for protection in cases of domestic abuse.

(a) A petition for relief under this section may be made by any family or household

member personally or by a family or household member, a guardian as defined in section

524.1-201
, clause (28), or, if the court finds that it is in the best interests of the minor, by

a reputable adult age 25 or older on behalf of minor family or household members. A minor

age 16 or older may make a petition on the minor's own behalf against a spouse or former

spouse, or a person with whom the minor has a child in common, if the court determines

that the minor has sufficient maturity and judgment and that it is in the best interests of the

minor.

(b) A petition for relief shall allege the existence of domestic abuse, and shall be

accompanied by an affidavit made under oath stating the specific facts and circumstances

from which relief is sought.

(c) A petition for relief must state whether the petitioner has ever had an order for

protection in effect against the respondent.

(d) A petition for relief must state whether there is an existing order for protection in

effect under this chapter governing both the parties and whether there is a pending lawsuit,

complaint, petition or other action between the parties under chapter 257, 518, 518A, 518B,

or 518C. The court administrator shall verify the terms of any existing order governing the

parties. The court may not delay granting relief because of the existence of a pending action

between the parties or the necessity of verifying the terms of an existing order. A subsequent

order in a separate action under this chapter may modify only the provision of an existing

order that grants relief authorized under subdivision 6, paragraph (a), clause (1). A petition

for relief may be granted, regardless of whether there is a pending action between the parties.

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(e) A petition for relief must describe, to the best of the petitioner's knowledge, the types

and locations of any firearms believed by the petitioner to be possessed by the respondent.

A court may not dismiss a petition if the petitioner does not provide a description of firearms

or the locations of firearms owned by the respondent.

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(e)
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(f)
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A petition for relief must state whether the petitioner has any minor children and,

if so, must provide the name of any custodian of the minor children and must identify the

location or residence of the custodian. If any custodian is a program participant as defined

in section
5B.02
, paragraph (g), the location or residence of the custodian is the address

designated by the secretary of state as the address of the program participant. A petition

must not be rejected or denied for failure to identify any custodian.

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(f)
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(g)
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The court shall provide simplified forms and clerical assistance to help with the

writing and filing of a petition under this section.

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(g)
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(h)
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The court shall advise a petitioner under paragraph
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(f)
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(g)
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of the right to file a

motion and affidavit and to sue in forma pauperis pursuant to section
563.01
and shall assist

with the writing and filing of the motion and affidavit.

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(h)
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(i)
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The court shall advise a petitioner under paragraph
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(f)
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(g)
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of the right to serve the

respondent by published notice under subdivision 5, paragraph (b), if the respondent is

avoiding personal service by concealment or otherwise, and shall assist with the writing

and filing of the affidavit.

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(i)
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(j)
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The court shall advise the petitioner of the right to seek restitution under the petition

for relief.

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(j)
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(k)
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The court shall advise the petitioner of the right to request a hearing under

subdivision 7, paragraph (c). If the petitioner does not request a hearing, the court shall

advise the petitioner that the respondent may request a hearing and that notice of the hearing

date and time will be provided to the petitioner and the custodian of any of the petitioner's

minor children by mail at least five days before the hearing.

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(k)
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(l)
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The court shall advise the petitioner of the right to request supervised parenting

time, as provided in section
518.175, subdivision 1a
.

Sec. 4.

Minnesota Statutes 2024, section 518B.01, subdivision 6, is amended to read:

Subd. 6.

Relief by court.

(a) Upon notice and hearing, the court may provide relief as

follows:

(1) restrain the abusing party from committing acts of domestic abuse;

(2) exclude the abusing party from the dwelling which the parties share or from the

residence of the petitioner;

(3) exclude the abusing party from a reasonable area surrounding the dwelling or

residence, which area shall be described specifically in the order;

(4) award temporary custody or establish temporary parenting time with regard to minor

children of the parties on a basis which gives primary consideration to the safety of the

victim and the children. In addition to the primary safety considerations, the court may

consider particular best interest factors that are found to be relevant to the temporary custody

and parenting time award. Findings under section
257.025
,
518.17
, or
518.175
are not

required with respect to the particular best interest factors not considered by the court. If

the court finds that the safety of the victim or the children will be jeopardized by unsupervised

or unrestricted parenting time, the court shall condition or restrict parenting time as to time,

place, duration, or supervision, or deny parenting time entirely, as needed to guard the safety

of the victim and the children. The court's decision on custody and parenting time shall in

no way delay the issuance of an order for protection granting other relief provided for in

this section. The court must not enter a parenting plan under section
518.1705
as part of an

action for an order for protection;

(5) on the same basis as is provided in chapter 518 or 518A, establish temporary support

for minor children or a spouse, and order the withholding of support from the income of

the person obligated to pay the support according to chapter 518A;

(6) provide upon request of the petitioner counseling or other social services for the

parties, if married, or if there are minor children;

(7) order the abusing party to participate in treatment or counseling services, including

requiring the abusing party to successfully complete a domestic abuse counseling program

or educational program under section
518B.02
;

(8) award temporary use and possession of property and restrain one or both parties from

transferring, encumbering, concealing, or disposing of property except in the usual course

of business or for the necessities of life, and to account to the court for all such transfers,

encumbrances, dispositions, and expenditures made after the order is served or communicated

to the party restrained in open court;

(9) exclude the abusing party from the place of employment of the petitioner, or otherwise

limit access to the petitioner by the abusing party at the petitioner's place of employment;

(10) order the abusing party to have no contact with the petitioner whether in person,

by telephone, mail, or electronic mail or messaging, through a third party, or by any other

means;

(11) order the abusing party to pay restitution to the petitioner;

(12) order the continuance of all currently available insurance coverage without change

in coverage or beneficiary designation;

(13) order, in its discretion, other relief as it deems necessary for the protection of a

family or household member, including orders or directives to the sheriff or other law

enforcement or corrections officer as provided by this section;

(14) direct the care, possession, or control of a pet or companion animal owned,

possessed, or kept by the petitioner or respondent or a child of the petitioner or respondent;

and

(15) direct the respondent to refrain from physically abusing or injuring any pet or

companion animal, without legal justification, known to be owned, possessed, kept, or held

by either party or a minor child residing in the residence or household of either party as an

indirect means of intentionally threatening the safety of such person.

(b) Any relief granted by the order for protection shall be for a period not to exceed two

years, except when the court determines a longer period is appropriate. When a referee

presides at the hearing on the petition, the order granting relief becomes effective upon the

referee's signature.

(c) An order granting the relief authorized in paragraph (a), clause (1), may not be vacated

or modified in a proceeding for dissolution of marriage or legal separation, except that the

court may hear a motion for modification of an order for protection concurrently with a

proceeding for dissolution of marriage upon notice of motion and motion. The notice required

by court rule shall not be waived. If the proceedings are consolidated and the motion to

modify is granted, a separate order for modification of an order for protection shall be issued.

(d) An order granting the relief authorized in paragraph (a), clause (2) or (3), is not

voided by the admittance of the abusing party into the dwelling from which the abusing

party is excluded.

(e) If a proceeding for dissolution of marriage or legal separation is pending between

the parties, the court shall provide a copy of the order for protection to the court with

jurisdiction over the dissolution or separation proceeding for inclusion in its file.

(f) An order for restitution issued under this subdivision is enforceable as civil judgment.

(g) An order granting relief shall prohibit the abusing party from possessing firearms

for the length the order is in effect if the order (1) restrains the abusing party from harassing,

stalking, or threatening the petitioner or restrains the abusing party from engaging in other

conduct that would place the petitioner in reasonable fear of bodily injury, and (2) includes

a finding that the abusing party represents a credible threat to the physical safety of the

petitioner or prohibits the abusing party from using, attempting to use, or threatening to use

physical force against the petitioner. The order shall inform the abusing party of that party's

prohibited status. Except as provided in paragraph
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(i)
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(h)
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, the court shall order the abusing

party to transfer any firearms that the person possesses
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, 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. A temporary firearm

transfer only entitles the receiving party to possess the firearm. A temporary transfer does

not transfer ownership or title. An abusing party may not transfer firearms to a third party

who resides with the abusing party. If an abusing party makes a temporary transfer, a

federally licensed firearms dealer or law enforcement agency may charge the abusing party

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 via 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, provided the person is not otherwise prohibited from possessing

firearms under state or federal law. The return of temporarily transferred firearms to an

abusing party shall comply with state and federal law. If an abusing party permanently

transfers the abusing party's firearms to a law enforcement agency, the agency is not required

to compensate the abusing party and may charge the abusing party a reasonable processing

fee. A law enforcement agency is not required to accept an abusing party's firearm under

this paragraph.
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as provided for in section 518B.03 and direct the person to surrender all

permits to carry and purchase firearms to the court. If the court does not take immediate

possession of an abusing party's permit to carry or permit to purchase, the abusing party

must surrender the permits to the chief law enforcement officer who issued the permit as

required under sections 624.714, subdivision 8, and 624.7131, subdivision 7. If the abusing

party surrenders their permits to the chief law enforcement officer, the person must declare

that in the proof of transfer or declaration of nonpossession required under section 518B.03,

subdivision 3.
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(h) An abusing party who is ordered to transfer firearms under paragraph (g) 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 abusing party permanently transferred the abusing party's firearms to the third party

or agreeing to temporarily store the abusing party's firearms until such time as the abusing

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

make, and model of all firearms transferred by the abusing party 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 abusing party 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 abusing party. The

proof of transfer must specify whether the firearms were permanently or temporarily

transferred and include the name of the abusing party, date of transfer, and the serial number,

make, and model of all transferred firearms. The abusing party 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.

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(i)
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(h)
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When a court issues an order containing a firearms restriction provided for in

paragraph (g), the court shall determine by a preponderance of evidence if an abusing party

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 abusing party's possession.
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The local law enforcement

agency shall
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exercise due care to preserve the quality and function of the abusing party'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 abusing party, 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

(h). 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 (g) and

(h) as if accepting transfer from the abusing party. If the law enforcement agency does not

receive written notice from the abusing party within three business days, the agency may

charge a reasonable fee to store the abusing party's firearms. A law enforcement agency

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

that the abusing party be notified via certified mail prior to disposal of abandoned firearms.
deleted text end

Sec. 5.

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, the court may order that the person is prohibited from possessing

any type of firearm for any period longer than three years or for 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 whether and for how long the defendant

is prohibited from 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.

(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
deleted text begin
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
deleted text begin
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
new text begin
and all other firearms possessed

by the person
new text end
be summarily forfeited under section 609.5316, subdivision 3.

Sec. 6.

new text begin

[518B.03] TRANSFER OF FIREARMS FROM CERTAIN PROHIBITED

PERSONS.

new text end

new text begin

Subdivision 1.

new text end

new text begin

Definitions.

new text end

new text begin

(a) For purposes of this section, the following terms have

the meanings given.

new text end

new text begin

(b) "Local law enforcement agency" means the organized full-time police department

of the municipality in which the subject resides or the county sheriff if there is no such

police department.

new text end

new text begin

(c) "Subject" means a person who is subject to a court order prohibiting the person from

possessing firearms issued pursuant to section 260C.201, 518B.01, 609.2242, 609.749, or

629.715.

new text end

new text begin

(d) "Transfer order" is a court order requiring that a person transfer any firearms that

the person possesses to comply with a firearms prohibition imposed pursuant to section

260C.201, 518B.01, 609.2242, 609.749, or 629.715.

new text end

new text begin

Subd. 2.

new text end

new text begin

Transfer of firearms; documentation; storage; disposal.

new text end

new text begin

(a) Firearm transfers

ordered pursuant to section 260C.201, 518B.01, 609.2242, 609.749, or 629.715 must comply

with this section.

new text end

new text begin

(b) Upon issuance of a transfer order, the court must order the subject to transfer any

firearms the person possesses or owns as soon as reasonably practicable to a federally

licensed firearms dealer, the local law enforcement agency, or a third party who may lawfully

receive them. The court shall impose a deadline for the subject to comply with the transfer

order that takes into account the subject's custody status and the location of the subject's

firearms. Transfers may be permanent or temporary except that transfers required pursuant

to a lifetime firearms ban are permanent. A temporary firearm transfer only entitles the

receiving party to possess the firearm and does not transfer ownership or title. If the subject

elects to transfer the subject's firearms to the local law enforcement agency, the agency

must accept the transfer. The subject may not transfer firearms to a third party who resides

with the subject.

new text end

new text begin

(c) A transfer to a third party must be completed at the local law enforcement agency

and either supervised by a peace officer employed by the agency or conducted in a safe

zone provided by the agency that is under video surveillance. The subject shall provide at

least 24 hours' notice to the local law enforcement agency of the date and time of a transfer

to a third party. The subject must document the date and time of a third-party transfer on

the required proof of transfer. If the third-party transfer is supervised by a peace officer, the

supervising peace officer must sign the subject's proof of transfer as an attestation that the

transfer was completed.

new text end

new text begin

(d) A federally licensed firearms dealer or law enforcement agency may charge the

subject a reasonable fee to store temporarily transferred firearms. A person who does not

pay the storage fee for a temporary firearm transfer within 60 days of the firearm being

transferred is considered to have abandoned their firearm. Law enforcement agencies must

establish policies for disposal of permanently transferred and abandoned firearms. These

policies must require that the subject be notified via certified mail prior to disposal of

abandoned firearms. A dealer must notify the subject via certified mail prior to disposing

of an abandoned firearm. A law enforcement agency may destroy all permanently transferred

and abandoned firearms. For temporary firearm transfers under this subdivision, a law

enforcement agency or federally licensed firearms dealer must exercise due care to preserve

the quality and function of the transferred firearms. If a subject permanently transfers the

person's firearms to a law enforcement agency, the agency is not required to compensate

the subject and may charge the subject a reasonable processing fee.

new text end

new text begin

(e) A law enforcement agency or federally licensed firearms dealer that accepted a

temporary firearm transfer under this section must return the firearms to the subject upon

request after the expiration of the prohibiting time period, provided the subject is not

otherwise prohibited from possessing firearms under state or federal law. The return of

temporarily transferred firearms to a subject must comply with state and federal law. A third

party may not return to the subject a firearm transferred under this section until the subject

is eligible to possess firearms, and the return transfer must comply with section 624.7134.

new text end

new text begin

(f) A law enforcement agency shall be immune from civil or criminal liability for any

damage or deterioration of firearms, ammunition, or weapons stored or transported pursuant

to this section. This paragraph shall not apply if the damage or deterioration occurred as a

result of recklessness, gross negligence, or intentional misconduct by the law enforcement

agency.

new text end

new text begin

Subd. 3.

new text end

new text begin

Proof of transfer; filing.

new text end

new text begin

(a) The subject must file proof of transfer or a

declaration of nonpossession as provided for in this subdivision.

new text end

new text begin

(b) A law enforcement agency, federally licensed firearms dealer, or third party accepting

transfer of a firearm pursuant to this section must provide proof of transfer to the subject.

The proof of transfer must specify whether the firearms were permanently or temporarily

transferred and must include the name of the subject, the date of transfer, and the serial

number, manufacturer, and model of all transferred firearms. If transfer is made to a federally

licensed firearms dealer, the subject must, within two business days after being served with

the order, file a copy of the proof of transfer with the court and attest that all firearms owned

or possessed at the time of the order have been transferred in accordance with this section

and that the person currently does not possess any firearms.

new text end

new text begin

(c) If a firearms transfer is made to a third party under this section, the third party must

sign an affidavit under oath before a notary public either acknowledging that the subject

permanently transferred the subject's firearms to the person or agreeing to temporarily store

the subject's firearms until the subject is legally permitted to possess firearms. To the extent

possible, the affidavit must indicate the serial number, make, and model of all firearms

transferred by the subject to the person. The subject must file the affidavit with the court.

new text end

new text begin

(d) If the subject claims not to own or possess firearms, the subject must file a declaration

of nonpossession with the court attesting that, at the time of the order, the subject neither

owned nor possessed any firearms and that the subject currently neither owns nor possesses

any firearms.

new text end

new text begin

(e) Upon written notice from the subject, a law enforcement agency that temporarily

possesses the subject's firearms must transfer the firearms to a federally licensed firearms

dealer or a third party who is eligible to possess firearms and does not reside with the subject.

Before a law enforcement agency transfers a firearm under this paragraph, the agency must

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

an affidavit and proof of transfer based on the requirements under this subdivision. The

agency must file all affidavits and proofs of transfer with the court within two business days

of receiving the documents. A federally licensed firearms dealer who accepts a firearm

transfer pursuant to this paragraph must comply with subdivision 2, as if accepting transfer

directly from the subject.

new text end

new text begin

(f) Except as provided for in paragraph (e), the subject is responsible for filing with the

court all affidavits, proofs of transfer, and declarations of nonpossession, and the court must

make the documents confidential.

new text end

new text begin

(g) Nothing in this section limits the authority of a chief law enforcement officer, county

attorney, city attorney, or a family or household member from petitioning a court to impose

an extreme risk protection order prohibiting the subject from possessing firearms under

sections 624.7171 to 624.7178.

new text end

new text begin

Subd. 4.

new text end

new text begin

Compliance hearing; arrest; sanctions; protections.

new text end

new text begin

(a) To ensure that all

firearms have been transferred, the court issuing a transfer order must hold a compliance

hearing within ten business days of issuing the order. The court may waive the hearing

requirement on its own motion or upon request of either the prosecutor or subject if the

court determines that the subject has complied with the transfer order, including filing of a

proof of transfer or affidavit of transfer, or otherwise submitted a credible declaration of

nonpossession.

new text end

new text begin

(b) If the court finds that there is probable cause to believe that the subject is not in

compliance with a transfer order or fails to appear at a compliance hearing, the court must

take appropriate action under the circumstances, including but not limited to issuing a

warrant for the subject's arrest and notifying the chief law enforcement officer of the local

law enforcement agency of the subject's failure to comply with the court's order. The court

may also initiate a contempt proceeding under section 588.01, subdivision 3, to impose

remedial sanctions on its own motion, or upon the motion of the prosecutor, and issue an

order requiring the subject to appear, with additional sanctions for failure to appear; provide

proof of compliance with the order; and show cause why the subject should not be held in

contempt of court.

new text end

new text begin

(c) The act of voluntarily surrendering firearms, providing testimony relating to the

surrender of firearms, or complying with a transfer order, and any information directly or

indirectly derived from such act or testimony, may not be used against the subject in any

criminal prosecution, except a prosecution for perjury, giving a false statement, or otherwise

failing to comply with the transfer order. Every transfer order must contain language

consistent with the statutory immunity set forth in this subdivision.

new text end

new text begin

(d) If a subject invokes the privilege against self-incrimination at the time of issuance

of the order or at a subsequent hearing, the court may afford the subject an opportunity to

demonstrate that compliance with a transfer order would expose that person to a realistic

threat of self-incrimination in a subsequent or pending criminal proceeding. The court may

conduct this portion of the proceeding ex parte or receive evidence in camera, without the

presence of the prosecuting attorney.

new text end

new text begin

(e) If the subject establishes such a realistic threat of self-incrimination regarding possible

criminal prosecution that is not addressed by the immunity from prosecution set forth in

paragraph (c), the court must afford the relevant prosecuting attorney an opportunity to offer

an immunity agreement tailored specifically to the firearms implicated by the potential

self-incrimination. To achieve the purposes of this section, any immunity offered must be

narrowly tailored to address any realistic threat of self-incrimination while ensuring that

any other firearms not implicated are surrendered.

new text end

new text begin

(f) Any immunity from prosecution beyond the immunity set forth in paragraph (c) may

only be extended by the prosecuting attorney. If the prosecuting attorney declines to extend

immunity such that the subject cannot fully comply with the transfer order without facing

a realistic threat of self-incrimination, the court's order must provide for the surrender of

every firearm and firearm permit that does not implicate a realistic threat of

self-incrimination. The order's prohibition on firearms possession remains in effect.

new text end

new text begin

(g) Nothing in this section shall be interpreted as diminishing the requirement that the

subject fully comply with the order issued by the court. The burden remains on the subject

to prove compliance.

new text end

Sec. 7.

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
new text begin
and all other firearms possessed by the person
new text end

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,

the court may order that the person is prohibited from possessing any type of firearm for

any period longer than three years or for 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 for how long the defendant is prohibited from 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.

(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.

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

pistol
deleted text end
new text begin
firearms
new text end
if the person has been convicted after August 1, 1992, or
deleted text begin
a firearm
deleted text end
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.

(f) 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
deleted text begin
, 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 end
new text begin
as provided for in section 518B.03 and direct the

person to surrender all permits to carry and purchase firearms to the court. If the court does

not take immediate possession of a defendant's permit to carry or permit to purchase, the

defendant must surrender the permit to the chief law enforcement officer who issued the

permit as required under sections 624.714, subdivision 8, and 624.7131, subdivision 7. If

the defendant surrenders their permits to the chief law enforcement officer, the person must

declare that in the proof of transfer or declaration of nonpossession required under section

518B.03, subdivision 3.
new text end

deleted text begin

(g) A defendant who is ordered to transfer firearms under paragraph (f) 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 end

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.
deleted text begin
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 (g). 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 (f) and (g) 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.
deleted text end

Sec. 8.

Minnesota Statutes 2024, section 609.749, subdivision 8, is amended to read:

Subd. 8.

Harassment; stalking; firearms.

(a) When a person is convicted of harassment

or stalking under this section and the court determines that the person used a firearm in any

way during commission of the crime, the court may order that the person is prohibited from

possessing any type of firearm for any period longer than three years or for 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 for how long the defendant

is prohibited from 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.

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

harassment or stalking under this section, 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.

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

pistol
deleted text end
new text begin
firearms
new text end
if the person has been convicted after August 1, 1996, of harassment or

stalking under this section, or
deleted text begin
to possess a firearm
deleted text end
if the person has been convicted on or

after August 1, 2014, of harassment or stalking under this section, 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 firearm in violation of this paragraph is

guilty of a gross misdemeanor.

(d) If the court determines that a person convicted of harassment or stalking under this

section owns or possesses a firearm and used it in any way during the commission of the

crime, it shall order that the firearm
new text begin
and all other firearms possessed by the person
new text end
be

summarily forfeited under section
609.5316, subdivision 3
.

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

of harassment or stalking under this section, the court shall order the defendant to transfer

any firearms that the person possesses
deleted text begin
, 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. 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 via 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 defendant 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 end
new text begin
as provided for

in section 518.03 and direct the person to surrender all permits to carry and purchase firearms

to the court. If the court does not take immediate possession of a defendant's permit to carry

or permit to purchase, the defendant must surrender the permit to the chief law enforcement

officer who issued the permit as required under sections 624.714, subdivision 8, and

624.7131, subdivision 7. If the defendant surrenders their permits to the chief law

enforcement officer, the person must declare that in the proof of transfer or declaration of

nonpossession required under section 518B.03, subdivision 3.
new text end

deleted text begin

(f) A defendant who is ordered to transfer firearms under paragraph (e) 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 end

deleted text begin

(g)
deleted text end
new text begin
(f)
new text end
When a person is convicted of harassment or stalking under this section, 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.
deleted text begin
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 (f). 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 (e) and (f) 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.
deleted text end

Sec. 9.

Minnesota Statutes 2024, section 629.715, subdivision 2, is amended to read:

Subd. 2.

Surrender of firearms.

new text begin
(a)
new text end
The judge may order as a condition of release that

the person surrender to the local law enforcement agency all firearms, destructive devices,

or dangerous weapons owned or possessed by the person, and may not live in a residence

where others possess firearms.
new text begin
If ordered to surrender firearms, the person must also surrender

all permits to carry and purchase firearms to the court. If the court does not take immediate

possession of a person's permit to carry or permit to purchase, the person must surrender

the permit to the chief law enforcement officer who issued the permit as required under

sections 624.714, subdivision 8, and 624.7131, subdivision 7. If the person surrenders their

permits to the chief law enforcement officer, the person must declare that in the proof of

transfer or declaration of nonpossession required under section 518B.03, subdivision 3.
new text end

new text begin

(b) Except as otherwise provided for in this section, the surrender of firearms under this

section must comply with section 518B.03.

new text end

new text begin

(c)
new text end
Any firearm, destructive device, or dangerous weapon surrendered under this

subdivision shall be inventoried and retained, with due care to preserve its quality and

function, by the local law enforcement agency, and must be returned to the person upon the

person's acquittal, when charges are dismissed, or if no charges are filed. If the person is

convicted, the firearm must be returned when the court orders the return or when the person

is discharged from probation and restored to civil rights.

new text begin

(d)
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If the person is convicted of a designated offense as defined in section
609.531
, the

firearm is subject to forfeiture as provided under that section.

new text begin

(e)
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This condition may be imposed in addition to any other condition authorized by
rule

6.02
of the Rules of Criminal Procedure.