Firearm transfer to an unauthorized person penalty increase provision, mandatory minimum sentence for certain transfers of a firearm to an ineligible person establishment provision and affirmative defense removal provision

A bill for an act

relating to public safety; increasing the penalty for transferring a firearm to an

unauthorized person; establishing a mandatory minimum sentence for certain

transfers of a firearm to an ineligible person; removing an affirmative defense;

amending Minnesota Statutes 2024, section 624.7141, subdivisions 1, 2; repealing

Minnesota Statutes 2024, section 624.7141, subdivision 4.

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

Section 1.

Minnesota Statutes 2024, section 624.7141, subdivision 1, is amended to read:

Subdivision 1.

Transfer prohibited.

(a) A person is guilty of a felony and may be

sentenced to imprisonment for up to
deleted text begin
two
deleted text end
new text begin
three
new text end
years and to payment of a fine of not more

than $10,000 if the person intentionally transfers a firearm to another and the person knows

or reasonably should know that the transferee:

(1) has been denied a permit to carry under section
624.714
because the transferee is

not eligible under section
624.713
to possess a pistol or semiautomatic military-style assault

weapon or any other firearm;

(2) has been found ineligible to possess a pistol or semiautomatic military-style assault

weapon by a chief of police or sheriff as a result of an application for a transferee permit

or a transfer report; or

(3) is disqualified under section
624.713
from possessing a pistol or semiautomatic

military-style assault weapon or any other firearm.

(b) Paragraph (a) does not apply to the transfer of a firearm other than a pistol or

semiautomatic military-style assault weapon to a person under the age of 18 who is not

disqualified from possessing any other firearm.

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective the day following final enactment.

new text end

Sec. 2.

Minnesota Statutes 2024, section 624.7141, subdivision 2, is amended to read:

Subd. 2.

Aggravated offense.

A person who violates this section may be sentenced to

imprisonment for up to five years and to payment of a fine of not more than $20,000 if the

transferee possesses or uses the weapon within one year after the transfer in furtherance of

a felony crime of violence.
new text begin
A person sentenced under this subdivision shall be committed

to the commissioner of corrections for not less than three years or the presumptive fixed

sentence under the Minnesota Sentencing Guidelines, whichever is greater.
new text end

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective the day following final enactment.

new text end

Sec. 3.
new text begin
REPEALER.
new text end

new text begin

Minnesota Statutes 2024, section 624.7141, subdivision 4,

new text end

new text begin

is repealed.

new text end

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective the day following final enactment.

new text end

APPENDIX

Repealed Minnesota Statutes: 26-05819

624.7141 TRANSFER TO INELIGIBLE PERSON.

Subd. 4.

Affirmative defense.

(a) As used in this subdivision, "family or household member" has the meaning given in section
518B.01, subdivision 2
, paragraph (b).

(b) If proven by clear and convincing evidence, it is an affirmative defense to a violation of this section that the defendant was a family or household member of the transferee and committed the violation only under compulsion by the transferee who, by explicit or implicit threats or other acts, created a reasonable apprehension in the mind of the defendant that the refusal of the defendant to participate in the violation would result in the transferee inflicting substantial bodily harm or death on the defendant or a family or household member of the defendant.

(c) The fact finder may consider any evidence of past acts that would constitute domestic abuse, domestic or nondomestic assault, criminal sexual conduct, sexual extortion, sex trafficking, labor trafficking, harassment or stalking, or any other crime that is a crime of violence as defined in section
624.712, subdivision 5
, or threats to commit any of these crimes by the transferee toward the defendant or another when determining if the defendant has proven the affirmative defense. Past prosecution is not required for the fact finder to consider evidence of these acts. Nothing in this paragraph limits the ability of the fact finder to consider other relevant evidence when determining if the defendant has proven the affirmative defense.