Possession and transfer of semiautomatic military-style assault weapons after a specified date regulated, report required, and criminal penalties provided.

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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