1.1 A bill for an act
1.2 relating to public safety; enabling law enforcement and family members to petition
1.3 a court to prohibit people from possessing firearms if they pose a significant danger
1.4 to themselves or others by possessing a firearm; appropriating money; amending
1.5 Minnesota Statutes 2022, section 624.713, subdivision 1; proposing coding for
1.6 new law in Minnesota Statutes, chapters 624; 626.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2022, section 624.713, subdivision 1, is amended to read:
1.9 Subdivision 1.Ineligible persons.The following persons shall not be entitled to possess
1.10ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause
1.11(1), any other firearm:
1.12 (1) a person under the age of 18 years except that a person under 18 may possess
1.13ammunition designed for use in a firearm that the person may lawfully possess and may
1.14carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual
1.15presence or under the direct supervision of the person's parent or guardian, (ii) for the
1.16purpose of military drill under the auspices of a legally recognized military organization
1.17and under competent supervision, (iii) for the purpose of instruction, competition, or target
1.18practice on a firing range approved by the chief of police or county sheriff in whose
1.19jurisdiction the range is located and under direct supervision; or (iv) if the person has
1.20successfully completed a course designed to teach marksmanship and safety with a pistol
1.21or semiautomatic military-style assault weapon and approved by the commissioner of natural
1.22resources;
1.23 (2) except as otherwise provided in clause (9), a person who has been convicted of, or
1.24adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in
1Section 1.
REVISOR KLL/BM 23-0142012/27/22
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 15
NINETY-THIRD SESSION
Authored by Frazier, Moller, Klevorn, Hassan, Becker-Finn and others01/04/2023
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy 2.1this state or elsewhere, a crime of violence. For purposes of this section, crime of violence
2.2includes crimes in other states or jurisdictions which would have been crimes of violence
2.3as herein defined if they had been committed in this state;
2.4 (3) a person who is or has ever been committed in Minnesota or elsewhere by a judicial
2.5determination that the person is mentally ill, developmentally disabled, or mentally ill and
2.6dangerous to the public, as defined in section 253B.02, to a treatment facility, or who has
2.7ever been found incompetent to stand trial or not guilty by reason of mental illness, unless
2.8the person's ability to possess a firearm and ammunition has been restored under subdivision
2.94;
2.10 (4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
2.11gross misdemeanor violation of chapter 152, unless three years have elapsed since the date
2.12of conviction and, during that time, the person has not been convicted of any other such
2.13violation of chapter 152 or a similar law of another state; or a person who is or has ever
2.14been committed by a judicial determination for treatment for the habitual use of a controlled
2.15substance or marijuana, as defined in sections 152.01 and 152.02, unless the person's ability
2.16to possess a firearm and ammunition has been restored under subdivision 4;
2.17 (5) a person who has been committed to a treatment facility in Minnesota or elsewhere
2.18by a judicial determination that the person is chemically dependent as defined in section
2.19253B.02, unless the person has completed treatment or the person's ability to possess a
2.20firearm and ammunition has been restored under subdivision 4. Property rights may not be
2.21abated but access may be restricted by the courts;
2.22 (6) a peace officer who is informally admitted to a treatment facility pursuant to section
2.23253B.04 for chemical dependency, unless the officer possesses a certificate from the head
2.24of the treatment facility discharging or provisionally discharging the officer from the
2.25treatment facility. Property rights may not be abated but access may be restricted by the
2.26courts;
2.27 (7) a person, including a person under the jurisdiction of the juvenile court, who has
2.28been charged with committing a crime of violence and has been placed in a pretrial diversion
2.29program by the court before disposition, until the person has completed the diversion program
2.30and the charge of committing the crime of violence has been dismissed;
2.31 (8) except as otherwise provided in clause (9), a person who has been convicted in
2.32another state of committing an offense similar to the offense described in section 609.224,
2.33subdivision 3, against a family or household member or section 609.2242, subdivision 3,
2.34unless three years have elapsed since the date of conviction and, during that time, the person
2Section 1.
REVISOR KLL/BM 23-0142012/27/22 3.1has not been convicted of any other violation of section 609.224, subdivision 3, or 609.2242,
3.2subdivision 3, or a similar law of another state;
3.3 (9) a person who has been convicted in this state or elsewhere of assaulting a family or
3.4household member and who was found by the court to have used a firearm in any way
3.5during commission of the assault is prohibited from possessing any type of firearm or
3.6ammunition for the period determined by the sentencing court;
3.7 (10) a person who:
3.8 (i) has been convicted in any court of a crime punishable by imprisonment for a term
3.9exceeding one year;
3.10 (ii) is a fugitive from justice as a result of having fled from any state to avoid prosecution
3.11for a crime or to avoid giving testimony in any criminal proceeding;
3.12 (iii) is an unlawful user of any controlled substance as defined in chapter 152;
3.13 (iv) has been judicially committed to a treatment facility in Minnesota or elsewhere as
3.14a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the
3.15public, as defined in section 253B.02;
3.16 (v) is an alien who is illegally or unlawfully in the United States;
3.17 (vi) has been discharged from the armed forces of the United States under dishonorable
3.18conditions;
3.19 (vii) has renounced the person's citizenship having been a citizen of the United States;
3.20or
3.21 (viii) is disqualified from possessing a firearm under United States Code, title 18, section
3.22922(g)(8) or (9), as amended through March 1, 2014;
3.23 (11) a person who has been convicted of the following offenses at the gross misdemeanor
3.24level, unless three years have elapsed since the date of conviction and, during that time, the
3.25person has not been convicted of any other violation of these sections: section 609.229
3.26(crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults motivated
3.27by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a child);
3.28609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring gun); 609.71
3.29(riot); or 609.749 (harassment or stalking). For purposes of this paragraph, the specified
3.30gross misdemeanor convictions include crimes committed in other states or jurisdictions
3.31which would have been gross misdemeanors if conviction occurred in this state;
3Section 1.
REVISOR KLL/BM 23-0142012/27/22 4.1 (12) a person who has been convicted of a violation of section 609.224 if the court
4.2determined that the assault was against a family or household member in accordance with
4.3section 609.2242, subdivision 3 (domestic assault), unless three years have elapsed since
4.4the date of conviction and, during that time, the person has not been convicted of another
4.5violation of section 609.224 or a violation of a section listed in clause (11); or
4.6 (13) a person who is subject to an order for protection as described in section 260C.201,
4.7subdivision 3, paragraph (d), or 518B.01, subdivision 6, paragraph (g); or
4.8 (14) a person who is subject to an extreme risk protection order as described in section
4.9624.7172 or 624.7174.
4.10 A person who issues a certificate pursuant to this section in good faith is not liable for
4.11damages resulting or arising from the actions or misconduct with a firearm or ammunition
4.12committed by the individual who is the subject of the certificate.
4.13 The prohibition in this subdivision relating to the possession of firearms other than
4.14pistols and semiautomatic military-style assault weapons does not apply retroactively to
4.15persons who are prohibited from possessing a pistol or semiautomatic military-style assault
4.16weapon under this subdivision before August 1, 1994.
4.17 The lifetime prohibition on possessing, receiving, shipping, or transporting firearms and
4.18ammunition for persons convicted or adjudicated delinquent of a crime of violence in clause
4.19(2), applies only to offenders who are discharged from sentence or court supervision for a
4.20crime of violence on or after August 1, 1993.
4.21 For purposes of this section, "judicial determination" means a court proceeding pursuant
4.22to sections 253B.07 to 253B.09 or a comparable law from another state.
4.23 Sec. 2. [624.7171] EXTREME RISK PROTECTION ORDERS.
4.24 Subdivision 1.Definitions.(a) As used in sections 624.7171 to 624.7178, the following
4.25terms have the meanings given.
4.26 (b) "Family or household members" means:
4.27 (1) spouses and former spouses of the respondent;
4.28 (2) parents and children of the respondent;
4.29 (3) persons who are presently residing with the respondent; or
4.30 (4) a person involved in a significant romantic or sexual relationship with the respondent.
4Sec. 2.
REVISOR KLL/BM 23-0142012/27/22 5.1In determining whether persons are in a significant romantic or sexual relationship under
5.2clause (4), the court shall consider the length of time of the relationship; type of relationship;
5.3and frequency of interaction between the parties.
5.4 (c) "Firearm" has the meaning given in section 609.666, subdivision 1, paragraph (a).
5.5 Subd. 2.Court jurisdiction.An application for relief under this section shall be filed
5.6in the county of residence of the respondent. Actions under this section shall be given docket
5.7priorities by the court.
5.8 Subd. 3.Information on petitioner's location or residence.Upon the petitioner's
5.9request, information maintained by the court regarding the petitioner's location or residence
5.10is not accessible to the public and may be disclosed only to court personnel or law
5.11enforcement for purposes of service of process, conducting an investigation, or enforcing
5.12an order.
5.13 Subd. 4.Generally.(a) There shall exist an action known as a petition for an extreme
5.14risk protection order, which order shall enjoin and prohibit the respondent from possessing
5.15firearms for a fixed period.
5.16 (b) A petition for relief under sections 624.7171 to 624.7178 may be made by the chief
5.17law enforcement officer, a designee or a city or county attorney, any family or household
5.18members of the respondent, or a guardian, as defined in section 524.1-201, clause (27), of
5.19the respondent.
5.20 (c) A petition for relief shall allege that the respondent poses a significant danger of
5.21bodily harm to self or to other persons by possessing a firearm. The petition shall be
5.22accompanied by an affidavit made under oath stating specific facts and circumstances
5.23forming a basis to allege that an extreme risk protection order should be granted. The affidavit
5.24may include but is not limited to evidence showing any of the factors described in section
5.25624.7172, subdivision 2.
5.26 (d) A petition for emergency relief under section 624.7174 shall additionally allege that
5.27the respondent presents an immediate and present danger of bodily harm.
5.28 (e) A petition for relief must describe, to the best of the petitioner's knowledge, the types
5.29and location of any firearms believed by the petitioner to be possessed by the respondent.
5.30 (f) The court shall provide simplified forms and clerical assistance to help with the
5.31writing and filing of a petition under this section.
5.32 (g) The state court administrator shall create all forms necessary under sections 624.7171
5.33to 624.7178.
5Sec. 2.
REVISOR KLL/BM 23-0142012/27/22 6.1 (h) The filing fees for an extreme risk protection order under this section are waived for
6.2the petitioner and respondent. The court administrator, the sheriff of any county in this state,
6.3and other law enforcement and corrections officers shall perform their duties relating to
6.4service of process without charge to the petitioner. The court shall direct payment of the
6.5reasonable costs of service of process if served by a private process server when the sheriff
6.6or other law enforcement or corrections officer is unavailable or if service is made by
6.7publication, without requiring the petitioner to make application under section 563.01.
6.8 (i) The court shall advise the petitioner of the right to serve the respondent by alternate
6.9notice under section 624.7172, subdivision 1, paragraph (e), if the respondent is avoiding
6.10personal service by concealment or otherwise, and shall assist in the writing and filing of
6.11the affidavit.
6.12 (j) The court shall advise the petitioner of the right to request a hearing under section
6.13624.7174, paragraph (c). If the petitioner does not request a hearing, the court shall advise
6.14the petitioner that the respondent may request a hearing and that notice of the hearing date
6.15and time will be provided to the petitioner by mail at least five days before the hearing.
6.16 (k) An extreme risk protection order issued under sections 624.7171 to 624.7178 applies
6.17throughout the state.
6.18 (l) Any proceeding under sections 624.7171 to 624.7178 shall be in addition to other
6.19civil or criminal remedies.
6.20 (m) All health records and other health information provided in a petition or considered
6.21as evidence in a proceeding under sections 624.7171 to 624.7178 shall be protected from
6.22public disclosure but may be provided to law enforcement agencies as described in this
6.23section.
6.24 (n) Any extreme risk protection order or subsequent extension issued under sections
6.25624.7171 to 624.7178 shall be forwarded by the court administrator within 24 hours to the
6.26local law enforcement agency with jurisdiction over the residence of the respondent. Each
6.27appropriate law enforcement agency shall make available to other law enforcement officers,
6.28through a system for verification, information as to the existence and status of any extreme
6.29risk protection order issued under sections 624.7171 to 624.7178.
6Sec. 2.
REVISOR KLL/BM 23-0142012/27/22 7.1 Sec. 3. [624.7172] EXTREME RISK PROTECTION ORDERS ISSUED AFTER
7.2HEARING.
7.3 Subdivision 1.Hearing.(a) Upon receipt of the petition for an order after a hearing, the
7.4court shall order a hearing which shall be held not later than 14 days from the date of the
7.5order for hearing.
7.6 (b) The court shall advise the petitioner of the right to request an emergency extreme
7.7risk protection order under section 624.7174 separately from or simultaneously with the
7.8petition under this subdivision.
7.9 (c) The petitioning agency shall be responsible for service of an extreme risk protection
7.10order issued by the court and shall further be the agency responsible for the execution of
7.11any legal process required for the seizure and storage of firearms subject to the order. Nothing
7.12in this provision limits the ability of the law enforcement agency of record from cooperating
7.13with other law enforcement entities. When the petitioner is a family or household member
7.14of the respondent, the primary law enforcement agency serving the jurisdiction of residency
7.15of the respondent shall be responsible for the execution of any legal process required for
7.16the seizure and storage of firearms subject to the order.
7.17 (d) Personal service of notice for the hearing may be made upon the respondent at any
7.18time up to 12 hours prior to the time set for the hearing, provided that the respondent at the
7.19hearing may request a continuance of up to five days if the respondent is served less than
7.20five days prior to the hearing, which continuance shall be granted unless there are compelling
7.21reasons not to do so. If the court grants the requested continuance, and an existing emergency
7.22order under section 624.7174 will expire due to the continuance, the court shall also issue
7.23a written order continuing the emergency order pending the new time set for the hearing.
7.24 (e) If personal service cannot be made, the court may order service of the petition and
7.25any order issued under this section by alternate means. The application for alternate service
7.26must include the last known location of the respondent; the petitioner's most recent contacts
7.27with the respondent; the last known location of the respondent's employment; the names
7.28and locations of the respondent's parents, siblings, children, and other close relatives; the
7.29names and locations of other persons who are likely to know the respondent's whereabouts;
7.30and a description of efforts to locate those persons. The court shall consider the length of
7.31time the respondent's location has been unknown, the likelihood that the respondent's location
7.32will become known, the nature of the relief sought, and the nature of efforts made to locate
7.33the respondent. The court shall order service by first class mail, forwarding address requested,
7.34to any addresses where there is a reasonable possibility that mail or information will be
7Sec. 3.
REVISOR KLL/BM 23-0142012/27/22 8.1forwarded or communicated to the respondent. The court may also order publication, within
8.2or without the state, but only if it might reasonably succeed in notifying the respondent of
8.3the proceeding. Service shall be deemed complete 14 days after mailing or 14 days after
8.4court-ordered publication.
8.5 Subd. 2.Relief by court.(a) At the hearing, the petitioner must prove by a preponderance
8.6of the evidence that the respondent poses a significant danger of bodily harm to self or other
8.7persons by possessing a firearm.
8.8 (b) In determining whether to grant the order after a hearing, the court shall consider
8.9evidence of the following, whether or not the petitioner has provided evidence of the same:
8.10 (1) a history of threats or acts of violence by the respondent directed toward another
8.11person;
8.12 (2) the history of use, attempted use, or threatened use of physical force by the respondent
8.13against another person;
8.14 (3) a violation of any court order, including but not limited to orders issued under sections
8.15624.7171 to 624.7178 or chapter 260C or 518B;
8.16 (4) a prior arrest for a felony offense;
8.17 (5) a conviction or prior arrest for a violent misdemeanor offense, for a stalking offense
8.18under section 609.749, or for domestic assault under section 609.2242;
8.19 (6) a conviction for an offense of cruelty to animals under chapter 343;
8.20 (7) the unlawful and reckless use, display, or brandishing of a firearm by the respondent;
8.21 (8) a history of self-harm by the respondent; and
8.22 (9) whether the respondent is named in an existing order in effect under sections 624.7171
8.23to 624.7178 or chapter 260C or 518B, or party to a pending lawsuit, complaint, petition, or
8.24other action under sections 624.7171 to 624.7178 or chapter 518B.
8.25 (c) In determining whether to grant the order after a hearing, the court may consider any
8.26other evidence that bears on whether the respondent poses a danger to the respondent's self
8.27or others.
8.28 (d) If the court finds there is a preponderance of the evidence to issue an extreme risk
8.29protection order, the court shall issue the order prohibiting the person from possessing a
8.30firearm for the duration of the order. The court shall inform the respondent that the respondent
8.31is prohibited from possessing firearms and shall issue a transfer order under section 624.7175.
8Sec. 3.
REVISOR KLL/BM 23-0142012/27/22 9.1The court shall also give notice to the county attorney's office, which may take action as it
9.2deems appropriate.
9.3 (e) The order shall have a fixed period, to be determined by the court, of not less than
9.4six months and not more than two years, subject to renewal or extension under section
9.5624.7173.
9.6 (f) If there is no existing emergency order under section 624.7174 at the time an order
9.7is granted under this section, the court shall determine by a preponderance of the evidence
9.8whether the respondent presents an immediate and present danger of bodily harm. If the
9.9court so determines, the transfer order shall include the provisions described in section
9.10624.7175, paragraph (c).
9.11 (g) If, after a hearing, the court does not issue an order of protection, the court shall
9.12vacate any emergency extreme risk protection order currently in effect.
9.13 (h) A respondent may waive the respondent's right to contest the hearing and consent
9.14to the court's imposition of an extreme risk protection order. The court shall seal the petition
9.15filed under this section and section 624.7144 if a respondent who consents to imposition of
9.16an extreme risk protection order requests that the petition be sealed, unless the court finds
9.17that there is clear and convincing evidence that the interests of the public and public safety
9.18outweigh the disadvantages to the respondent of not sealing the petition. All extreme risk
9.19protection orders shall remain public.
9.20 Sec. 4. [624.7173] SUBSEQUENT EXTENSIONS AND TERMINATION.
9.21 (a) Upon application by any party entitled to petition for an order under section 624.7172,
9.22and after notice to the respondent and a hearing, the court may extend the relief granted in
9.23an existing order granted after a hearing under section 624.7172. Application for an extension
9.24may be made any time within the three months before the expiration of the existing order.
9.25The order may be extended for a fixed period of at least six months and not to exceed two
9.26years, if the court makes the same findings by a preponderance of the evidence as required
9.27for granting of an initial order under section 624.7172, subdivision 2, paragraph (d). The
9.28court shall consider the same types of evidence as required for the initial order under section
9.29624.7172, subdivision 2, paragraphs (b) and (c).
9.30 (b) Upon application by the respondent to an order issued under section 624.7172, the
9.31court may terminate an order after a hearing at which the respondent shall bear the burden
9.32of proving by a preponderance of the evidence that the respondent does not pose a significant
9.33danger of bodily harm to the respondent's self or to other persons by possessing a firearm.
9Sec. 4.
REVISOR KLL/BM 23-0142012/27/22 10.1Application for termination may be made one time for each year an order is in effect. If an
10.2order has been issued for a period of six months, the respondent may apply for termination
10.3one time.
10.4 Sec. 5. [624.7174] EMERGENCY ISSUANCE OF EXTREME RISK PROTECTION
10.5ORDER.
10.6 (a) In determining whether to grant an emergency extreme risk protection order, the
10.7court shall consider evidence of all facts identified in section 624.7172, subdivision 2,
10.8paragraphs (b) and (c).
10.9 (b) The court shall advise the petitioner of the right to request an order after a hearing
10.10under section 624.7172 separately from or simultaneously with the petition.
10.11 (c) If the court finds there is reasonable grounds that (1) the respondent poses a significant
10.12danger of bodily harm to the respondent's self or to other persons by possessing a firearm,
10.13and (2) the respondent presents an immediate and present danger of bodily harm, the court
10.14shall issue an ex parte emergency order prohibiting the respondent from possessing a firearm
10.15for the duration of the order. The order shall inform the respondent that the respondent is
10.16prohibited from possessing firearms and shall issue a transfer order under section 624.7175,
10.17paragraph (c).
10.18 (d) A finding by the court that there is a basis for issuing an emergency extreme risk
10.19protection order constitutes a finding that sufficient reasons exist not to require notice under
10.20applicable court rules governing applications for ex parte relief.
10.21 (e) The emergency order shall have a fixed period of 14 days unless a hearing is set
10.22under section 624.7172 on an earlier date, in which case the order shall expire upon a judge's
10.23finding that no order is issued under section 624.7172.
10.24 (f) Except as provided in paragraph (g), the respondent shall be personally served
10.25immediately with a copy of the emergency order and a copy of the petition and, if a hearing
10.26is requested by the petitioner under section 624.7172, notice of the date set for the hearing.
10.27If the petitioner does not request a hearing under section 624.7172, an order served on a
10.28respondent under this section must include a notice advising the respondent of the right to
10.29request a hearing challenging the issuance of the emergency order, and must be accompanied
10.30by a form that can be used by the respondent to request a hearing.
10.31 (g) Service of the emergency order may be made by alternate service as provided under
10.32section 624.7172, subdivision 1, paragraph (e), provided that the petitioner files the affidavit
10.33required under that subdivision. If the petitioner does not request a hearing under section
10Sec. 5.
REVISOR KLL/BM 23-0142012/27/22 11.1624.7172, the petition mailed to the respondent's residence, if known, must be accompanied
11.2by the form for requesting a hearing described in paragraph (f).
11.3 Sec. 6. [624.7175] TRANSFER OF FIREARMS.
11.4 (a) Except as provided in paragraph (b), upon issuance of an extreme risk protection
11.5order, the court shall direct the respondent to transfer any firearms the person possesses as
11.6soon as reasonably practicable, but in no case later than 24 hours, to a federally licensed
11.7firearms dealer or a law enforcement agency. If the respondent elects to transfer the
11.8respondent's firearms to a law enforcement agency, the agency must accept the transfer.
11.9The transfer may be permanent or temporary. A temporary firearm transfer only entitles
11.10the receiving party to possess the firearm and does not transfer ownership or title. If the
11.11respondent makes a temporary transfer, a federally licensed firearms dealer or law
11.12enforcement agency may charge the respondent a reasonable fee to store the firearms and
11.13may establish policies for disposal of abandoned firearms, provided these policies require
11.14that the respondent be notified prior to disposal of abandoned firearms. If a respondent
11.15permanently transfers the respondent's firearms to a law enforcement agency, the agency
11.16is not required to compensate the respondent and may charge the respondent a reasonable
11.17processing fee.
11.18 (b) A person directed to transfer any firearms pursuant to paragraph (a) may transfer
11.19any antique firearm, as defined in United States Code, title 18, section 921, paragraph (a),
11.20clause (16), as amended, or a curio or relic as defined in Code of Federal Regulations, title
11.2127, section 478.11, as amended, to a relative who does not live with the respondent after
11.22confirming that the relative may lawfully own or possess a firearm.
11.23 (c) The respondent must file proof of transfer as provided in this paragraph.
11.24 (1) A law enforcement agency or federally licensed firearms dealer accepting transfer
11.25of a firearm pursuant to this section shall provide proof of transfer to the respondent. The
11.26proof of transfer must specify whether the firearms were permanently or temporarily
11.27transferred and must include the name of the respondent, date of transfer, and the serial
11.28number, manufacturer, and model of all transferred firearms. If transfer is made to a federally
11.29licensed firearms dealer, the respondent shall, within two business days after being served
11.30with the order, file a copy of proof of transfer with the law enforcement agency and attest
11.31that all firearms owned or possessed at the time of the order have been transferred in
11.32accordance with this section and that the person currently does not possess any firearms. If
11.33the respondent claims not to own or possess firearms, the respondent shall file a declaration
11.34of nonpossession with the law enforcement agency attesting that, at the time of the order,
11Sec. 6.
REVISOR KLL/BM 23-0142012/27/22 12.1the respondent neither owned nor possessed any firearms, and that the respondent currently
12.2neither owns nor possesses any firearms. If the transfer is made to a relative pursuant to
12.3paragraph (b), the relative must sign an affidavit under oath before a notary public either
12.4acknowledging that the respondent permanently transferred the respondent's antique firearms,
12.5curios, or relics to the relative or agreeing to temporarily store the respondent's antique
12.6firearms, curios, or relics until such time as the respondent is legally permitted to possess
12.7firearms. To the extent possible, the affidavit shall indicate the serial number, make, and
12.8model of all antique firearms, curios, or relics transferred by the respondent to the relative.
12.9 (2) The court shall seal affidavits, proofs of transfer, and declarations of nonpossession
12.10filed pursuant to this paragraph.
12.11 (d) If a court issues an emergency order under section 624.7174, or makes a finding of
12.12immediate and present danger under section 624.7172, subdivision 2, paragraph (f), and
12.13there is probable cause to believe the respondent possesses firearms, the court shall issue a
12.14search warrant to the local law enforcement agency to take possession of all firearms in the
12.15respondent's possession as soon as practicable. The local law enforcement agency shall,
12.16upon written notice from the respondent, transfer the firearms to a federally licensed firearms
12.17dealer. Before a local law enforcement agency transfers a firearm under this paragraph, the
12.18agency shall require the federally licensed firearms dealer receiving the firearm to submit
12.19a proof of transfer that complies with the requirements for proofs of transfer established in
12.20paragraph (c). The agency shall file all proofs of transfer received by the court within two
12.21business days of the transfer. A federally licensed firearms dealer who accepts a firearm
12.22transfer pursuant to this paragraph shall comply with paragraphs (a) and (c) as if accepting
12.23transfer directly from the respondent. If the law enforcement agency does not receive written
12.24notice from the respondent within three business days, the agency may charge a reasonable
12.25fee to store the respondent's firearms. A law enforcement agency may establish policies for
12.26disposal of abandoned firearms, provided these policies require that the respondent be
12.27notified prior to disposal of abandoned firearms.
12.28Sec. 7. [624.7176] RETURN OF FIREARMS.
12.29 Subdivision 1.Law enforcement.A local law enforcement agency that accepted
12.30temporary transfer of firearms under section 624.7175 shall return the firearms to the
12.31respondent upon request after the expiration of the order, provided the respondent is not
12.32otherwise prohibited from possessing firearms under state or federal law.
12.33 Subd. 2.Firearms dealer.A federally licensed firearms dealer that accepted temporary
12.34transfer of firearms under section 624.7175 shall return the transferred firearms to the
12Sec. 7.
REVISOR KLL/BM 23-0142012/27/22 13.1respondent upon request after the expiration of the order, provided the respondent is not
13.2otherwise prohibited from possessing firearms under state or federal law. A federally licensed
13.3firearms dealer returning firearms shall comply with state and federal law as though
13.4transferring a firearm from the dealer's own inventory.
13.5 Sec. 8. [624.7177] OFFENSES.
13.6 Subdivision 1.False information or harassment.A person who petitions for an extreme
13.7risk protection order under section 624.7172 or 624.7174, knowing any information in the
13.8petition to be materially false or with the intent to harass, abuse, or threaten, is guilty of a
13.9misdemeanor.
13.10 Subd. 2.Violation of order.A person who possesses a firearm and knows or should
13.11have known that the person is prohibited from doing so by an extreme risk protection order
13.12under section 624.7172 or 624.7174, or by an order of protection granted by a judge or
13.13referee pursuant to a substantially similar law of another state, is guilty of a misdemeanor
13.14and shall be prohibited from possessing firearms for a period of five years. Each extreme
13.15risk protection order granted under this chapter must contain a conspicuous notice to the
13.16respondent regarding the penalty for violation of the order.
13.17Sec. 9. [624.7178] LIABILITY PROTECTION.
13.18 Subdivision 1.Liability protection for petition.A chief law enforcement officer, or a
13.19designee, or a city or county attorney, who, in good faith, decides not to petition for an
13.20extreme risk protection order or emergency extreme risk protection order shall be immune
13.21from criminal or civil liability.
13.22 Subd. 2.Liability protection for storage of firearms.A law enforcement agency shall
13.23be immune from civil or criminal liability for any damage or deterioration of firearms,
13.24ammunition, or weapons stored or transported pursuant to section 624.7175. This subdivision
13.25shall not apply if the damage or deterioration occurred as a result of recklessness, gross
13.26negligence, or intentional misconduct by the law enforcement agency.
13.27 Subd. 3.Liability protection for harm following service of an order or execution of
13.28a search warrant.A peace officer, law enforcement agency, and the state or a political
13.29subdivision by which a peace officer is employed has immunity from any liability, civil or
13.30criminal, for harm caused by a person who is the subject of an extreme risk protection order,
13.31a search warrant issued pursuant to section 624.7175, paragraph (d), or both, after service
13.32of the order or execution of the warrant, whichever comes first, if the peace officer acts in
13.33good faith in serving the order or executing the warrant.
13Sec. 9.
REVISOR KLL/BM 23-0142012/27/22 14.1 Sec. 10. [626.8481] EXTREME RISK PROTECTION ORDER; DEVELOPMENT
14.2OF MODEL PROCEDURES.
14.3 By December 1, 2023, the Peace Officer Standards and Training Board, after consulting
14.4with the Minnesota County Attorneys Association, the Minnesota Sheriffs' Association, the
14.5Minnesota Chiefs of Police Association, and the Minnesota Police and Peace Officers
14.6Association, shall develop model procedures and standards for the storage of firearms
14.7transferred to law enforcement under section 624.7175.
14.8 Sec. 11. EFFECTIVE DATE.
14.9 Sections 1 to 9 are effective January 1, 2024, and apply to firearm permit background
14.10checks made on or after that date.
14Sec. 11.
REVISOR KLL/BM 23-0142012/27/22