Peace officer required to conduct testing of a person suspected of carrying a firearm while under the influence, penalty for carrying a firearm with an elevated blood alcohol concentration increased, and length of time a person is prohibited from carrying a firearm after conviction increased.

A bill for an act

relating to public safety; requiring a peace officer to conduct certain testing of a

person suspected of carrying a firearm while under the influence; increasing the

penalty for carrying a firearm with an elevated blood alcohol concentration;

increasing the length of time a person is prohibited from carrying a firearm

following certain convictions; amending Minnesota Statutes 2024, section 624.7142,

subdivisions 3, 6.

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

Section 1.

Minnesota Statutes 2024, section 624.7142, subdivision 3, is amended to read:

Subd. 3.

Preliminary screening test.

When an officer authorized under subdivision 2

to make arrests has reason to believe that the person may be violating or has violated

subdivision 1, the officer
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may
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must
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require the person to provide a breath sample for a

preliminary screening test using a device approved by the commissioner for this purpose.

The results of the preliminary screening test must be used for the purpose of deciding whether

an arrest should be made under this section and whether to require the chemical tests

authorized in section
624.7143
, but may not be used in any court action except: (1) to prove

that the test was properly required of a person under section
624.7143
, or (2) in a civil action

arising out of the use of the pistol.
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If the results of the preliminary screening test indicate

that the person is violating subdivision 1, the officer must require the chemical tests

authorized in section 624.7143.
new text end
Following the preliminary screening test, additional tests

may be required of the person as provided under section
624.7143
. A person who refuses

a breath sample is subject to the provisions of section
624.7143
unless, in compliance with

that section, the person submits to a blood, breath, or urine test to determine the presence

of alcohol or a controlled substance.

Sec. 2.

Minnesota Statutes 2024, section 624.7142, subdivision 6, is amended to read:

Subd. 6.

Penalties.

(a) A person who violates a prohibition under subdivision 1, clauses

(1) to
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(5)
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(4) or (6)
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, is guilty of a misdemeanor.
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A second or subsequent violation is
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If the

person was previously convicted of violating this section, the person is guilty of
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a gross

misdemeanor.
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If the person has two or more previous convictions for violating this section,

the person is guilty of a felony and may be sentenced to imprisonment for not more than

five years or a fine of not more than $10,000, or both.
new text end

(b) A person who violates subdivision 1, clause
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(6)
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(5)
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, is guilty of a
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gross
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misdemeanor.
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If the person was previously convicted of violating this section, the person is guilty of a

felony and may be sentenced to imprisonment for not more than five years or a fine of not

more than $10,000, or both.
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(c) In addition to the penalty imposed under paragraph (a), if a person violates subdivision

1, clauses (1) to
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(5)
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(4) or (6)
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, the person's authority to carry a pistol in a public place on or

about the person's clothes or person under the provisions of a permit or otherwise is revoked

and the person may not reapply for
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:
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(1)
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a period of one year from the date of conviction
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if the person has no prior convictions

for a violation of this section;
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(2) a period of five years from the date of conviction if the person has one prior conviction

for a violation of this section; or

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(3) for the person's lifetime if the person has two or more prior convictions for a violation

of this section
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.

(d) In addition to the penalty imposed under paragraph (b), if a person violates subdivision

1, clause
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(6)
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(5)
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, the person's authority to carry a pistol in a public place on or about the

person's clothes or person under the provisions of a permit or otherwise is
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suspended for

180 days
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revoked and the person may not reapply for a period of five years
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from the date

of conviction.
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If the person violates subdivision 1, clause (6), and the person has at least

one prior conviction for a violation of this section, the person's authority to carry a pistol

in a public place on or about the person's clothes or person under the provisions of a permit

or otherwise is revoked and the person is not eligible to reapply.
new text end

(e) Notwithstanding section
609.531
, a firearm carried in violation of subdivision 1,

clause (6), is not subject to forfeiture
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unless the violation is a second or subsequent offense
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.

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EFFECTIVE DATE.

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This section is effective August 1, 2026, and applies to crimes

committed on or after that date.

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