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A bill for an act
relating to public safety; regulating the possession and transfer of semiautomatic
military-style assault weapons after a specified date; requiring reporting; providing
criminal penalties; amending Minnesota Statutes 2024, sections 624.712,
subdivision 7; 624.7151; proposing coding for new law in Minnesota Statutes,
chapter 624.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 624.712, subdivision 7, is amended to read:
Subd. 7.
Semiautomatic military-style assault weapon.
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(a)
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"Semiautomatic
military-style assault weapon" means:
(1) any of the following firearms:
(i) Avtomat Kalashnikov (AK-47) semiautomatic rifle type;
(ii) Beretta AR-70 and BM-59 semiautomatic rifle types;
(iii) Colt AR-15 semiautomatic rifle type;
(iv) Daewoo Max-1 and Max-2 semiautomatic rifle types;
(v) Famas MAS semiautomatic rifle type;
(vi) Fabrique Nationale FN-LAR and FN-FNC semiautomatic rifle types;
(vii) Galil semiautomatic rifle type;
(viii) Heckler & Koch HK-91, HK-93, and HK-94 semiautomatic rifle types;
(ix) Ingram MAC-10 and MAC-11 semiautomatic pistol and carbine types;
(x) Intratec TEC-9 semiautomatic pistol type;
(xi) Sigarms SIG 550SP and SIG 551SP semiautomatic rifle types;
(xii) SKS with detachable magazine semiautomatic rifle type;
(xiii) Steyr AUG semiautomatic rifle type;
(xiv) Street Sweeper and Striker-12 revolving-cylinder shotgun types;
(xv) USAS-12 semiautomatic shotgun type;
(xvi) Uzi semiautomatic pistol and carbine types; or
(xvii) Valmet M76 and M78 semiautomatic rifle types;
(2) any firearm that is another model made by the same manufacturer as one of the
firearms listed in clause (1), and has the same action design as one of the listed firearms,
and is a redesigned, renamed, or renumbered version of one of the firearms listed in clause
(1), or has a slight modification or enhancement, including but not limited to a folding or
retractable stock; adjustable sight; case deflector for left-handed shooters; shorter barrel;
wooden, plastic, or metal stock; larger clip size; different caliber; or a bayonet mount; and
(3) any firearm that has been manufactured or sold by another company under a licensing
agreement with a manufacturer of one of the firearms listed in clause (1) entered into after
the effective date of Laws 1993, chapter 326, to manufacture or sell firearms that are identical
or nearly identical to those listed in clause (1), or described in clause (2), regardless of the
company of production or country of origin.
The weapons listed in clause (1), except those listed in items (iii), (ix), (x), (xiv), and (xv),
are the weapons the importation of which was barred by the Bureau of Alcohol, Tobacco,
and Firearms of the United States Department of the Treasury in July 1989.
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Except as otherwise specifically provided in paragraph (d), a firearm is not a
"semiautomatic military-style assault weapon" if it is generally recognized as particularly
suitable for or readily adaptable to sporting purposes under United States Code, title 18,
section 925, paragraph (d)(3), or any regulations adopted pursuant to that law.
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(b) Semiautomatic military-style assault weapon includes any:
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(1) semiautomatic rifle that has the capacity to accept a detachable magazine and has
one or more of the following:
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(i) a pistol grip or thumbhole stock;
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(ii) any feature capable of functioning as a protruding grip that can be held by the
nontrigger hand;
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(iii) a folding or telescoping stock; or
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(iv) a shroud attached to the barrel, or that partially or completely encircles the barrel,
allowing the bearer to hold the firearm with the nontrigger hand without being burned. A
shroud does not include a slide that encloses the barrel;
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(2) semiautomatic pistol that has the capacity to accept a detachable magazine and has
one or more of the following:
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(i) any feature capable of functioning as a protruding grip that can be held by the
nontrigger hand;
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(ii) a folding, telescoping, or thumbhole stock;
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(iii) a shroud attached to the barrel, or that partially or completely encircles the barrel,
allowing the bearer to hold the firearm with the nontrigger hand without being burned. A
shroud does not include a slide that encloses the barrel; or
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(iv) the capacity to accept a detachable magazine at any location outside of the pistol
grip;
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(3) semiautomatic shotgun that has one or more of the following:
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(i) a pistol grip or thumbhole stock;
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(ii) any feature capable of functioning as a protruding grip that can be held by the
nontrigger hand;
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(iii) a folding or telescoping stock;
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(iv) a fixed magazine capacity in excess of ten rounds; or
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(v) the capacity to accept a detachable magazine;
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(4) shotgun with a revolving cylinder; or
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(5) conversion kit, part, or combination of parts from which an assault weapon can be
assembled if those parts are in the possession or under the control of the same person.
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Semiautomatic military-style assault weapon does not include any firearm described in this
paragraph that has been made permanently inoperable.
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EFFECTIVE DATE.
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This section is effective the day following final enactment and
applies to crimes committed on or after that date.
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Sec. 2.
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[624.7145] SEMIAUTOMATIC MILITARY-STYLE ASSAULT WEAPONS;
CERTIFICATION REQUIRED.
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Subdivision 1.
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Certification required.
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No person may own or possess a semiautomatic
military-style assault weapon unless the person has certified the weapon with the
commissioner of public safety under this section.
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Subd. 2.
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Certification application process.
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(a) A person may certify a semiautomatic
military-style assault weapon with the commissioner of public safety by providing in person
to the commissioner, along with any other information the commissioner requires, a
background check verification issued within the past 30 days by the chief of police of the
municipality where the person resides or, if there is no chief of police, by the sheriff of the
county where the person resides.
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(b) The commissioner shall take a color photograph of the applicant at the time the
application is submitted. The commissioner may charge the applicant a processing fee in
an amount not to exceed the actual and reasonable direct cost of processing the application
or $......., whichever is less.
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Subd. 3.
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Duties of local police; background check.
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(a) A person may apply for a
background check verification by providing the following information in writing to the
chief of police of the municipality where the person resides or, if there is no local chief of
police, to the sheriff of the county where the person resides:
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(1) the applicant's name, residence, telephone number, and driver's license number or
nonqualification certificate number, if any;
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(2) the applicant's gender, date of birth, height, weight, eye color, and distinguishing
physical characteristics, if any;
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(3) a statement that the applicant authorizes the release to the local police authority of
commitment information about the applicant maintained by the Direct Care and Treatment
executive board to the extent that the information relates to the applicant's eligibility to
possess a semiautomatic military-style assault weapon under section 624.713, subdivision
1; and
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(4) a statement by the applicant that the applicant is not prohibited under section 624.713
or other state or federal law from possessing a semiautomatic military-style assault weapon.
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The statements in clauses (3) and (4) must be signed and dated by the applicant. The
statement under clause (3) must comply with any applicable requirements of Code of Federal
Regulations, title 42, sections 2.31 to 2.35, with respect to consent to disclosure of alcohol
or drug patient records. At the time of application, the chief of police or county sheriff may
charge the applicant a reasonable fee to cover the cost of conducting the background check
and performing the chief's or sheriff's duties under this section. The chief or sheriff shall
provide the applicant with a dated receipt for the application.
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(b) Chiefs of police and sheriffs shall make background check verification application
forms available without charge.
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(c) The chief of police or sheriff shall check criminal histories, records, and warrant
information relating to the applicant through the Minnesota Crime Information System and
the National Criminal Record Repository and shall make a reasonable effort to check other
available state and local record-keeping systems. The chief of police or sheriff shall obtain
commitment information from the Direct Care and Treatment executive board as provided
in section 246C.15.
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(d) The chief of police or sheriff may refuse to issue a background check verification:
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(1) if state or federal law prohibits the applicant from possessing a semiautomatic
military-style assault weapon;
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(2) if the chief of police or sheriff determines the applicant to be a danger to self or the
public when in possession of a semiautomatic military-style assault weapon under paragraph
(e);
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(3) if the applicant is listed in the criminal gang investigative data system under section
299C.091; or
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(4) for any other reason as determined by the chief of police or sheriff.
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(e) A chief of police or sheriff may refuse to grant a background check verification to
an applicant if there exists a substantial likelihood that the applicant is a danger to self or
the public when in possession of a semiautomatic military-style assault weapon. To deny
the application under paragraph (d), clause (2), the chief of police or sheriff shall provide
the applicant with written notification and the specific factual basis justifying the denial,
including the source of the factual basis. The chief of police or sheriff shall inform the
applicant of the applicant's right to submit, within 20 business days, any additional
documentation relating to the propriety of the denial. Upon receiving any additional
documentation, the chief of police or sheriff shall reconsider the denial and inform the
applicant within 15 business days of the result of the reconsideration. Any denial after
reconsideration must be in the same form and contain the same substance as the original
denial and must specifically address any continued deficiencies in light of the additional
documentation submitted by the applicant.
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(f) A person is not eligible to submit a background check verification application under
this section if the person has had an application denied pursuant to paragraph (e) and less
than six months have elapsed since the denial was issued.
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(g) The chief of police or sheriff shall issue a background check verification or deny the
application within 90 days of the application's submission.
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(h) In the case of a denial, the chief of police or sheriff shall provide an applicant with
written notification of a denial and the specific reason for the denial.
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Subd. 4.
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Eligibility for certification.
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No person may own, possess, or receive a
semiautomatic military-style assault weapon unless it was legally owned before the effective
date of this section, was certified by that owner before January 1, 2027, and was subsequently
continuously certified. A semiautomatic military-style assault weapon may be certified
under this section only if the weapon qualifies under this subdivision. A person seeking to
certify the weapon shall demonstrate to the commissioner's satisfaction that the weapon is
eligible for certification.
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Subd. 5.
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Grant or denial of certification.
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(a) If the applicant meets the requirements
under subdivisions 2 to 4, the commissioner of public safety shall issue a certification within
five business days of the submission of the application. If the commissioner denies issuance,
the commissioner shall provide the applicant with written notification of the denial and the
specific reason for the denial. The commissioner may deny the application only if the
semiautomatic military-style assault weapon is not eligible for certification or the applicant
is not eligible to certify the semiautomatic military-style assault weapon under this section.
Any person aggrieved by the denial of an application may seek review as provided in
subdivision 8.
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(b) The commissioner shall conduct a background check by means of electronic data
transfer on a certification holder through the Minnesota Crime Information System and the
National Instant Criminal Background Check System at least annually to ensure continuing
eligibility. The commissioner may also conduct additional background checks by means of
electronic data transfer on a holder at any time during the period a certificate is in effect.
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Subd. 6.
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Certification; contents; validity.
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(a) A certification granted under this section
must contain the following information:
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(1) the date of issuance, the date of expiration, and a unique certification number;
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(2) the holder's name, current address, date of birth, sex, height, weight, and eye color;
and
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(3) the color photograph of the holder that was taken at the time of the application.
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(b) The certification is valid statewide for five years from the date of issuance and is not
transferable. The certification may be renewed in the same manner and subject to the same
restrictions under which the original certification was obtained.
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(c) A certification shall be void at the time that the holder becomes prohibited from
possessing or receiving a semiautomatic military-style assault weapon under section 624.713,
in which event the holder shall return the certification within five days to the commissioner.
If the commissioner has knowledge that the holder is ineligible to possess a semiautomatic
military-style assault weapon, the commissioner shall revoke the certification and give
notice to the holder in writing. Failure of the holder to return the certification within five
days of learning that the certification is void or revoked is a gross misdemeanor unless the
court finds that the circumstances or the physical or mental condition of the holder prevented
the holder from complying with the return requirement.
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(d) When a certification holder receives a court disposition that prohibits the holder from
possessing a semiautomatic military-style assault weapon, the court shall take possession
of the certification, if available, and send the certification to the commissioner. If the holder
does not have the certification when the court imposes a semiautomatic military-style assault
weapon prohibition, the holder shall surrender the certification to the assigned probation
officer, if applicable. When a probation officer is assigned upon disposition of the case, the
court shall inform the probation agent of the holder's obligation to surrender the certification.
Upon surrender of the certification, the probation officer shall send the certification to the
commissioner. If a probation officer is not assigned to the holder, the holder shall surrender
the certification as provided in paragraph (c).
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Subd. 7.
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Requirement to carry certification.
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A certification holder shall carry the
certification whenever the holder possesses the semiautomatic military-style assault weapon.
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Subd. 8.
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Hearing upon denial.
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(a) Any person aggrieved by denial of a certification
may appeal by petition to the district court having jurisdiction over the county or municipality
where the application was submitted. The petition must list the commissioner of public
safety as the respondent. The district court shall hold a hearing at the earliest practicable
date and in any event no later than 60 days following the filing of the petition for review.
The court may not grant or deny any relief before the completion of the hearing. The record
of the hearing must be sealed. The matter must be heard de novo without a jury.
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(b) The court shall issue written findings of fact and conclusions of law regarding the
issues submitted by the parties. The court shall issue its writ of mandamus directing that
the certification be issued and order other appropriate relief unless the commissioner
establishes by clear and convincing evidence that the weapon or applicant was not eligible
for a certification under this section.
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Subd. 9.
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Statewide record system.
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The commissioner of public safety shall maintain
a statewide, computerized record system containing information on semiautomatic
military-style assault weapon certifications under this section. Information in the record
system must be readily available on a 24-hour basis to requesting law enforcement agencies.
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Subd. 10.
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Penalties.
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(a) A person who violates this section by failing to carry a
certification is guilty of a petty misdemeanor.
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(b) A person who: (1) makes a false statement in order to obtain a background check
verification or certification knowing or having reason to know the statement is false or (2)
transfers a verification or certification in violation of this section 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.
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(c) A person who owns, possesses, or receives a semiautomatic military-style assault
weapon that: (1) is uncertified; (2) is ineligible for certification; or (3) has an expired
certification is guilty of a felony and may be sentenced to imprisonment for not more than
15 years or to payment of a fine of not more than $30,000, or both.
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Subd. 11.
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Applicability of certification.
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A certification issued under this section is valid
only for the individual semiautomatic military-style assault weapon for which the certification
applies.
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Subd. 12.
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Private data.
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All data pertaining to certifications and background check
verifications under this section are classified as private data as provided in section 13.87,
subdivision 2.
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Subd. 13.
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Semiautomatic military-style assault weapons owned or possessed before
effective date; continued certification.
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All persons who own or possess a semiautomatic
military-style assault weapon before the effective date of this section shall comply with the
certification requirements by December 31, 2026. A semiautomatic military-style assault
weapon not certified by that date or that has a certification not continuously kept current is
ineligible for future certification.
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Subd. 14.
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Rules required.
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The commissioner of public safety may adopt rules to
implement this section.
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Subd. 15.
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Exceptions.
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This section does not apply to:
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(1) the ownership or possession of a semiautomatic military-style assault weapon by
any government officer, agent, or employee; member of the National Guard or armed forces
of the United States; or peace officer, to the extent that the person is otherwise authorized
to own or possess a semiautomatic military-style assault weapon and does so while acting
within the scope of the person's duties;
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(2) the ownership, possession, or manufacture of a semiautomatic military-style assault
weapon by a firearms manufacturer, provided the manufacturer is properly licensed under
applicable laws;
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(3) the ownership or possession of a semiautomatic military-style assault weapon by a
firearms dealer, provided the dealer is properly licensed under applicable laws;
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(4) the temporary possession of a semiautomatic military-style assault weapon by a
person who has received the weapon to repair, recondition, or remodel the weapon;
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(5) the temporary possession of a semiautomatic military-style assault weapon by a
prospective transferee while in the presence of the owner; or
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(6) the temporary possession for up to 60 days of a semiautomatic military-style assault
weapon by an immediate family member of the certification holder following the holder's
death pending the certification or lawful disposition of the weapon provided the person is
not prohibited by state or federal law from possessing the weapon.
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EFFECTIVE DATE.
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This section is effective the day following final enactment and
applies to crimes committed on or after that date.
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Sec. 3.
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[624.7146] TRANSFER OF SEMIAUTOMATIC MILITARY-STYLE
ASSAULT WEAPONS.
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Subdivision 1.
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Approval required.
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A person may not transfer a semiautomatic
military-style assault weapon to another person unless the transfer is approved in advance
by the commissioner of public safety.
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Subd. 2.
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Process for approval.
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(a) A person seeking to transfer a semiautomatic
military-style assault weapon to another person shall apply to the commissioner of public
safety for approval on a form designed and made readily available without cost by the
commissioner.
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(b) The commissioner shall approve the transfer if:
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(1) the transferor possesses a current certification for the weapon as required in section
624.7145;
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(2) the transferee submits a background check verification as described in section
624.7145; and
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(3) the transferee pays a fee determined by the commissioner in an amount not to exceed
the actual and reasonable direct cost of processing the application or $......., whichever is
less.
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(c) The commissioner shall approve a transfer under paragraph (b) within seven days
of the request. The commissioner may deny the request only if the requirements described
in paragraph (b) are not met. If the commissioner denies the request, the commissioner shall
provide the reasons for the denial. A person aggrieved by a denial may seek review as
provided in sections 14.57 to 14.69.
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Subd. 3.
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Rules required.
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The commissioner of public safety may adopt rules to
implement this section.
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Subd. 4.
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Exceptions.
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This section shall not apply to transfers of antique firearms as
curiosities or for their historical significance or value, transfers to or between federally
licensed firearms dealers, transfers by order of court, involuntary transfers, transfers at
death, or the following temporary transfers:
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(1) a loan to a prospective transferee while in the presence of the transferor;
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(2) a delivery to a person for the purpose of repair, reconditioning, or remodeling;
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(3) a loan between peace officers, members of the National Guard, or members of the
armed forces of the United States, to the extent that the person is otherwise authorized to
own or possess a semiautomatic military-style assault weapon and does so within the scope
of the person's duties; or
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(4) a delivery to a law enforcement agency.
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Subd. 5.
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Penalties.
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A person who violates this section is guilty of a felony and may be
sentenced to imprisonment for not more than 15 years or to payment of a fine of not more
than $30,000, or both.
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Subd. 6.
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Record system.
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The commissioner of public safety shall maintain a statewide
computerized record system containing information on semiautomatic military-style assault
weapon transfers approved under this section.
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Subd. 7.
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Data.
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All data collected pursuant to this section are classified as private data.
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EFFECTIVE DATE.
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This section is effective the day following final enactment and
applies to crimes committed on or after that date.
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Sec. 4.
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[624.7147] REPORTING.
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Subdivision 1.
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Chiefs of police and sheriffs.
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By January 15 each year, each chief of
police and sheriff shall report to the commissioner of public safety on the number of
background check verification applications received in the preceding calendar year under
section 624.7145 and the disposition of those applications, including the reason for each
denial.
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Subd. 2.
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Commissioner of public safety.
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By March 15 each year, the commissioner of
public safety shall report to the chairs and ranking minority members of the legislative
committees with jurisdiction over firearms. The report must include a summary of the reports
required under subdivision 1. In addition, the report must include a summary similar to that
described in subdivision 1 of semiautomatic military-style assault weapon certifications
under section 624.7145 and semiautomatic military-style assault weapon transfers under
section 624.7146, along with any other related information the commissioner deems relevant.
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Sec. 5.
Minnesota Statutes 2024, section 624.7151, is amended to read:
624.7151 STANDARDIZED FORMS.
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By December 1, 1992,
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The commissioner shall adopt statewide standards governing the
form and contents, as required
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by
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under
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sections
624.7131
to
624.714
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and 624.7145
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, of
every application for a pistol transferee permit, pistol transferee permit, report of transfer
of a pistol, application for a permit to carry a pistol,
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and
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permit to carry a pistol
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, application
for a semiautomatic military-style assault weapon certification, and semiautomatic
military-style assault weapon certification
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that is granted or renewed
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on or after January 1,
1993
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.
Every application for a pistol transferee permit, pistol transferee permit, report of transfer
of a pistol, application for a permit to carry a pistol,
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and
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permit to carry a pistol
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, application
for a semiautomatic military-style assault weapon certification, and semiautomatic
military-style assault weapon certification
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that is received, granted, or renewed by a police
chief or county sheriff
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on or after January 1, 1993,
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must meet the statewide standards adopted
by the commissioner. Notwithstanding the previous sentence, neither failure of the
Department of Public Safety to adopt standards nor failure of the police chief or county
sheriff to meet them shall delay the timely processing of applications nor invalidate permits
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or certifications
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issued on other forms meeting the requirements of sections
624.7131
to
624.714
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and 624.7145
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.
Any form used for the purpose of approving or disapproving a person from purchasing,
owning, possessing, or carrying a firearm that inquires about the applicant's use of controlled
substances shall specifically authorize a patient in the registry program to refrain from
reporting the use of medical cannabis flower and medical cannabinoid products and shall
specifically authorize a person 21 years of age or older from refraining from reporting the
use of adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles,
or hemp-derived consumer products.
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EFFECTIVE DATE.
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This section is effective the day following final enactment.
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Sec. 6.
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APPLICATION.
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A person who legally owns or possesses a semiautomatic military-style assault weapon
on the date of enactment of section 2 has until December 31, 2026, to certify the weapon
without penalty under section 2.
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