Unlawful possession of firearms penalties enhancement provision

A bill for an act

relating to public safety; increasing penalties for unlawful possession of firearms;

amending Minnesota Statutes 2024, sections 609.165, subdivision 1b; 624.713,

subdivision 2; 624.7141, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2024, section 609.165, subdivision 1b, is amended to read:

Subd. 1b.

Violation and penalty.

(a) Any person who has been convicted of a crime of

violence, as defined in section
624.712, subdivision 5
, and who ships, transports, possesses,

or receives a firearm or ammunition, commits a felony and may be sentenced to imprisonment

for not more than
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15
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20
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years or to payment of a fine of not more than $30,000, or both.

(b) A conviction and sentencing under this section shall be construed to bar a conviction

and sentencing for a violation of section
624.713, subdivision 2
.

(c) The criminal penalty in paragraph (a) does not apply to any person who has received

a relief of disability under United States Code, title 18, section 925, or whose ability to

possess firearms and ammunition has been restored under subdivision 1d.

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EFFECTIVE DATE.

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

committed on or after that date.

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Sec. 2.

Minnesota Statutes 2024, section 624.713, subdivision 2, is amended to read:

Subd. 2.

Penalties.

(a) A person named in subdivision 1, clause (1), who possesses

ammunition or a pistol or semiautomatic military-style assault weapon in violation of that

clause 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.

(b) A person named in subdivision 1, clause (2), who possesses any type of firearm or

ammunition 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. This paragraph does not

apply to any person who has received a relief of disability under United States Code, title

18, section 925, or whose ability to possess firearms and ammunition has been restored

under section
609.165, subdivision 1d
.

(c) A person named in any other clause of subdivision 1 who possesses any type of

firearm or ammunition is guilty of a
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gross misdemeanor
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felony and may be sentenced to

imprisonment for not more than two years or to payment of a fine of not more than $5,000,

or both
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.

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(d) The statutory maximum sentence for a violation of paragraphs (a) to (c) is 25 percent

longer than for the underlying violation, if the violation is committed by a person in a school

zone, park zone, or public housing zone as defined under section 152.01.

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EFFECTIVE DATE.

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

committed on or after that date.

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Sec. 3.

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
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two
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four
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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.

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EFFECTIVE DATE.

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

committed on or after that date.

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Sec. 4.

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

Subd. 2.

Aggravated
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offense
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offenses
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.

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(a) A federally licensed firearms dealer 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.

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(b)
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A person who violates this section may be sentenced to imprisonment for up to
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five
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eight
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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.

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EFFECTIVE DATE.

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

committed on or after that date.

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