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 H0015-1HF15 FIRST ENGROSSMENT 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 Adoption of Report: Amended and re-referred to the Committee on Judiciary Finance and Civil Law02/06/2023 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 H0015-1HF15 FIRST ENGROSSMENT 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 H0015-1HF15 FIRST ENGROSSMENT 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 H0015-1HF15 FIRST ENGROSSMENT 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 may be filed 5.6in the county of residence of the respondent or the county where the petitioner resides or is 5.7officed. Actions under this section shall be given docket priorities 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 5.15or purchasing firearms for as long as the order remains in effect. 5.16 (b) A petition for relief under sections 624.7171 to 624.7178 may be made by the chief 5.17law enforcement officer, the chief law enforcement officer's designee, a city or county 5.18attorney, any family or household members of the respondent, or a guardian, as defined in 5.19section 524.1-201, clause (27), of the 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 H0015-1HF15 FIRST ENGROSSMENT 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) Any proceeding under sections 624.7171 to 624.7178 shall be in addition to other 6.17civil or criminal remedies. 6.18 (l) All health records and other health information provided in a petition or considered 6.19as evidence in a proceeding under sections 624.7171 to 624.7178 shall be protected from 6.20public disclosure but may be provided to law enforcement agencies as described in this 6.21section. 6.22 (m) Any extreme risk protection order or subsequent extension issued under sections 6.23624.7171 to 624.7178 shall be forwarded by the court administrator within 24 hours to the 6.24local law enforcement agency with jurisdiction over the residence of the respondent and 6.25electronically transmitted within three business days to the National Instant Criminal 6.26Background Check System. When an order expires or is terminated by the court, the court 6.27must submit a request that the order be removed from the National Instant Background 6.28Check System. Each appropriate law enforcement agency shall make available to other law 6.29enforcement officers, through a system for verification, information as to the existence and 6.30status of any extreme risk protection order issued under sections 624.7171 to 624.7178. 6Sec. 2. REVISOR KLL H0015-1HF15 FIRST ENGROSSMENT 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 must schedule and hold a hearing within 14 days from the date the petition was 7.5received. 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 a court issues an extreme risk protection order 7.14for a person who resides on Tribal territory, the chief law enforcement officer of the law 7.15enforcement agency responsible for serving the order must request the assistance and counsel 7.16of the appropriate Tribal police department prior to serving the respondent. When the 7.17petitioner is a family or household member of the respondent, the primary law enforcement 7.18agency serving the jurisdiction of residency of the respondent shall be responsible for the 7.19execution of any legal process required for the seizure and storage of firearms subject to 7.20the order. 7.21 (d) Personal service of notice for the hearing may be made upon the respondent at any 7.22time up to 48 hours prior to the time set for the hearing, provided that the respondent at the 7.23hearing may request a continuance of up to 14 days if the respondent is served less than 7.24five days prior to the hearing, which continuance shall be granted unless there are compelling 7.25reasons not to do so. If the court grants the requested continuance, and an existing emergency 7.26order under section 624.7174 will expire due to the continuance, the court shall also issue 7.27a written order continuing the emergency order pending the new time set for the hearing. 7.28 (e) If personal service cannot be made, the court may order service of the petition and 7.29any order issued under this section by alternate means. The application for alternate service 7.30must include the last known location of the respondent; the petitioner's most recent contacts 7.31with the respondent; the last known location of the respondent's employment; the names 7.32and locations of the respondent's parents, siblings, children, and other close relatives; the 7.33names and locations of other persons who are likely to know the respondent's whereabouts; 7.34and a description of efforts to locate those persons. The court shall consider the length of 7Sec. 3. REVISOR KLL H0015-1HF15 FIRST ENGROSSMENT 8.1time the respondent's location has been unknown, the likelihood that the respondent's location 8.2will become known, the nature of the relief sought, and the nature of efforts made to locate 8.3the respondent. The court shall order service by first class mail, forwarding address requested, 8.4to any addresses where there is a reasonable possibility that mail or information will be 8.5forwarded or communicated to the respondent. The court may also order publication, within 8.6or without the state, but only if it might reasonably succeed in notifying the respondent of 8.7the proceeding. Service shall be deemed complete 14 days after mailing or 14 days after 8.8court-ordered publication. 8.9 Subd. 2.Relief by court.(a) At the hearing, the petitioner must prove by clear and 8.10convincing evidence that the respondent poses a significant danger of bodily harm to self 8.11or other persons by possessing a firearm. 8.12 (b) In determining whether to grant the order after a hearing, the court shall consider 8.13evidence of the following, whether or not the petitioner has provided evidence of the same: 8.14 (1) a history of threats or acts of violence by the respondent directed toward another 8.15person; 8.16 (2) the history of use, attempted use, or threatened use of physical force by the respondent 8.17against another person; 8.18 (3) a violation of any court order, including but not limited to orders issued under sections 8.19624.7171 to 624.7178 or chapter 260C or 518B; 8.20 (4) a prior arrest for a felony offense; 8.21 (5) a conviction or prior arrest for a violent misdemeanor offense, for a stalking offense 8.22under section 609.749, or for domestic assault under section 609.2242; 8.23 (6) a conviction for an offense of cruelty to animals under chapter 343; 8.24 (7) the unlawful and reckless use, display, or brandishing of a firearm by the respondent; 8.25 (8) a history of self-harm by the respondent; and 8.26 (9) whether the respondent is named in an existing order in effect under sections 624.7171 8.27to 624.7178 or chapter 260C or 518B, or party to a pending lawsuit, complaint, petition, or 8.28other action under sections 624.7171 to 624.7178 or chapter 518B. 8.29 (c) In determining whether to grant the order after a hearing, the court may consider any 8.30other evidence that bears on whether the respondent poses a danger to the respondent's self 8.31or others. 8Sec. 3. REVISOR KLL H0015-1HF15 FIRST ENGROSSMENT 9.1 (d) If the court finds there is clear and convincing evidence to issue an extreme risk 9.2protection order, the court shall issue the order prohibiting the person from possessing or 9.3purchasing a firearm for the duration of the order. The court shall inform the respondent 9.4that the respondent is prohibited from possessing or purchasing firearms and shall issue a 9.5transfer order under section 624.7175. The court shall also give notice to the county attorney's 9.6office, which may take action as it deems appropriate. 9.7 (e) The court shall determine the length of time the order is in effect, but may not set 9.8the length of time for less than six months or more than one year, subject to renewal or 9.9extension under section 624.7173. 9.10 (f) If there is no existing emergency order under section 624.7174 at the time an order 9.11is granted under this section, the court shall determine by clear and convincing evidence 9.12whether the respondent presents an immediate and present danger of bodily harm. If the 9.13court so determines, the transfer order shall include the provisions described in section 9.14624.7175, paragraph (c). 9.15 (g) If, after a hearing, the court does not issue an order of protection, the court shall 9.16vacate any emergency extreme risk protection order currently in effect. 9.17 (h) A respondent may waive the respondent's right to contest the hearing and consent 9.18to the court's imposition of an extreme risk protection order. The court shall seal the petition 9.19filed under this section and section 624.7144 if a respondent who consents to imposition of 9.20an extreme risk protection order requests that the petition be sealed, unless the court finds 9.21that there is clear and convincing evidence that the interests of the public and public safety 9.22outweigh the disadvantages to the respondent of not sealing the petition. All extreme risk 9.23protection orders shall remain public. 9.24 Sec. 4. [624.7173] SUBSEQUENT EXTENSIONS AND TERMINATION. 9.25 (a) Upon application by any party entitled to petition for an order under section 624.7172, 9.26and after notice to the respondent and a hearing, the court may extend the relief granted in 9.27an existing order granted after a hearing under section 624.7172. Application for an extension 9.28may be made any time within the three months before the expiration of the existing order. 9.29The court may extend the order if the court makes the same findings by clear and convincing 9.30evidence as required for granting of an initial order under section 624.7172, subdivision 2, 9.31paragraph (d). The minimum length of time of an extension is six months and the maximum 9.32length of time of an extension is one year. The court shall consider the same types of evidence 9.33as required for the initial order under section 624.7172, subdivision 2, paragraphs (b) and 9.34(c). 9Sec. 4. REVISOR KLL H0015-1HF15 FIRST ENGROSSMENT 10.1 (b) Upon application by the respondent to an order issued under section 624.7172, the 10.2court may terminate an order after a hearing at which the respondent shall bear the burden 10.3of proving by clear and convincing evidence that the respondent does not pose a significant 10.4danger of bodily harm to the respondent's self or to other persons by possessing a firearm. 10.5Application for termination may be made one time for each year an order is in effect. If an 10.6order has been issued for a period of six months, the respondent may apply for termination 10.7one time. 10.8 Sec. 5. [624.7174] EMERGENCY ISSUANCE OF EXTREME RISK PROTECTION 10.9ORDER. 10.10 (a) In determining whether to grant an emergency extreme risk protection order, the 10.11court shall consider evidence of all facts identified in section 624.7172, subdivision 2, 10.12paragraphs (b) and (c). 10.13 (b) The court shall advise the petitioner of the right to request an order after a hearing 10.14under section 624.7172 separately from or simultaneously with the petition. 10.15 (c) If the court finds there is probable cause that (1) the respondent poses a significant 10.16danger of bodily harm to the respondent's self or to other persons by possessing a firearm, 10.17and (2) the respondent presents an immediate and present danger of bodily harm, the court 10.18shall issue an ex parte emergency order prohibiting the respondent from possessing or 10.19purchasing a firearm for the duration of the order. The order shall inform the respondent 10.20that the respondent is prohibited from possessing firearms and shall issue a transfer order 10.21under section 624.7175, paragraph (c). 10.22 (d) A finding by the court that there is a basis for issuing an emergency extreme risk 10.23protection order constitutes a finding that sufficient reasons exist not to require notice under 10.24applicable court rules governing applications for ex parte relief. 10.25 (e) The emergency order shall have a fixed period of 14 days unless a hearing is set 10.26under section 624.7172 on an earlier date, in which case the order shall expire upon a judge's 10.27finding that no order is issued under section 624.7172. 10.28 (f) Except as provided in paragraph (g), the respondent shall be personally served 10.29immediately with a copy of the emergency order and a copy of the petition and, if a hearing 10.30is requested by the petitioner under section 624.7172, notice of the date set for the hearing. 10.31If the petitioner does not request a hearing under section 624.7172, an order served on a 10.32respondent under this section must include a notice advising the respondent of the right to 10Sec. 5. REVISOR KLL H0015-1HF15 FIRST ENGROSSMENT 11.1request a hearing challenging the issuance of the emergency order, and must be accompanied 11.2by a form that can be used by the respondent to request a hearing. 11.3 (g) Service of the emergency order may be made by alternate service as provided under 11.4section 624.7172, subdivision 1, paragraph (e), provided that the petitioner files the affidavit 11.5required under that subdivision. If the petitioner does not request a hearing under section 11.6624.7172, the petition mailed to the respondent's residence, if known, must be accompanied 11.7by the form for requesting a hearing described in paragraph (f). 11.8 Sec. 6. [624.7175] TRANSFER OF FIREARMS. 11.9 (a) Except as provided in paragraph (b), upon issuance of an extreme risk protection 11.10order, the court shall direct the respondent to transfer any firearms the person possesses as 11.11soon as reasonably practicable, but in no case later than 24 hours, to a federally licensed 11.12firearms dealer or a law enforcement agency. If the respondent elects to transfer the 11.13respondent's firearms to a law enforcement agency, the agency must accept the transfer. 11.14The transfer may be permanent or temporary. A temporary firearm transfer only entitles 11.15the receiving party to possess the firearm and does not transfer ownership or title. If the 11.16respondent makes a temporary transfer, a federally licensed firearms dealer or law 11.17enforcement agency may charge the respondent a reasonable fee to store the firearms and 11.18may establish policies for disposal of abandoned firearms, provided these policies require 11.19that the respondent be notified prior to disposal of abandoned firearms. If a respondent 11.20permanently transfers the respondent's firearms to a law enforcement agency, the agency 11.21is not required to compensate the respondent and may charge the respondent a reasonable 11.22processing fee. 11.23 (b) A person directed to transfer any firearms pursuant to paragraph (a) may transfer 11.24any antique firearm, as defined in United States Code, title 18, section 921, paragraph (a), 11.25clause (16), as amended, or a curio or relic as defined in Code of Federal Regulations, title 11.2627, section 478.11, as amended, to a relative who does not live with the respondent after 11.27confirming that the relative may lawfully own or possess a firearm. 11.28 (c) The respondent must file proof of transfer as provided in this paragraph. 11.29 (1) A law enforcement agency or federally licensed firearms dealer accepting transfer 11.30of a firearm pursuant to this section shall provide proof of transfer to the respondent. The 11.31proof of transfer must specify whether the firearms were permanently or temporarily 11.32transferred and must include the name of the respondent, date of transfer, and the serial 11.33number, manufacturer, and model of all transferred firearms. If transfer is made to a federally 11.34licensed firearms dealer, the respondent shall, within two business days after being served 11Sec. 6. REVISOR KLL H0015-1HF15 FIRST ENGROSSMENT 12.1with the order, file a copy of proof of transfer with the law enforcement agency and attest 12.2that all firearms owned or possessed at the time of the order have been transferred in 12.3accordance with this section and that the person currently does not possess any firearms. If 12.4the respondent claims not to own or possess firearms, the respondent shall file a declaration 12.5of nonpossession with the law enforcement agency attesting that, at the time of the order, 12.6the respondent neither owned nor possessed any firearms, and that the respondent currently 12.7neither owns nor possesses any firearms. If the transfer is made to a relative pursuant to 12.8paragraph (b), the relative must sign an affidavit under oath before a notary public either 12.9acknowledging that the respondent permanently transferred the respondent's antique firearms, 12.10curios, or relics to the relative or agreeing to temporarily store the respondent's antique 12.11firearms, curios, or relics until such time as the respondent is legally permitted to possess 12.12firearms. To the extent possible, the affidavit shall indicate the serial number, make, and 12.13model of all antique firearms, curios, or relics transferred by the respondent to the relative. 12.14 (2) The court shall seal affidavits, proofs of transfer, and declarations of nonpossession 12.15filed pursuant to this paragraph. 12.16 (d) If a court issues an emergency order under section 624.7174, or makes a finding of 12.17immediate and present danger under section 624.7172, subdivision 2, paragraph (f), and 12.18there is probable cause to believe the respondent possesses firearms, the court shall issue a 12.19search warrant to the local law enforcement agency to take possession of all firearms in the 12.20respondent's possession as soon as practicable. The chief law enforcement officer, or the 12.21chief's designee, shall notify the respondent of the option to voluntarily comply with the 12.22order by surrendering the respondent's firearms to law enforcement prior to execution of 12.23the search warrant. Only if the respondent refuses to voluntarily comply with the order to 12.24surrender the respondent's firearms shall the officer or officers tasked with serving the search 12.25warrant execute the warrant. The local law enforcement agency shall, upon written notice 12.26from the respondent, transfer the firearms to a federally licensed firearms dealer. Before a 12.27local law enforcement agency transfers a firearm under this paragraph, the agency shall 12.28require the federally licensed firearms dealer receiving the firearm to submit a proof of 12.29transfer that complies with the requirements for proofs of transfer established in paragraph 12.30(c). The agency shall file all proofs of transfer received by the court within two business 12.31days of the transfer. A federally licensed firearms dealer who accepts a firearm transfer 12.32pursuant to this paragraph shall comply with paragraphs (a) and (c) as if accepting transfer 12.33directly from the respondent. If the law enforcement agency does not receive written notice 12.34from the respondent within three business days, the agency may charge a reasonable fee to 12.35store the respondent's firearms. A law enforcement agency may establish policies for disposal 12Sec. 6. REVISOR KLL H0015-1HF15 FIRST ENGROSSMENT 13.1of abandoned firearms, provided these policies require that the respondent be notified prior 13.2to disposal of abandoned firearms. 13.3 Sec. 7. [624.7176] RETURN OF FIREARMS. 13.4 Subdivision 1.Law enforcement.A local law enforcement agency that accepted 13.5temporary transfer of firearms under section 624.7175 shall return the firearms to the 13.6respondent after the expiration of the order, provided the respondent is not otherwise 13.7prohibited from possessing firearms under state or federal law. 13.8 Subd. 2.Firearms dealer.A federally licensed firearms dealer that accepted temporary 13.9transfer of firearms under section 624.7175 shall return the transferred firearms to the 13.10respondent upon request after the expiration of the order, provided the respondent is not 13.11otherwise prohibited from possessing firearms under state or federal law. A federally licensed 13.12firearms dealer returning firearms shall comply with state and federal law as though 13.13transferring a firearm from the dealer's own inventory. 13.14Sec. 8. [624.7177] OFFENSES. 13.15 Subdivision 1.False information or harassment.A person who petitions for an extreme 13.16risk protection order under section 624.7172 or 624.7174, knowing any information in the 13.17petition to be materially false or with the intent to harass, abuse, or threaten, is guilty of a 13.18misdemeanor. 13.19 Subd. 2.Violation of order.A person who possesses a firearm and knows or should 13.20have known that the person is prohibited from doing so by an extreme risk protection order 13.21under section 624.7172 or 624.7174, or by an order of protection granted by a judge or 13.22referee pursuant to a substantially similar law of another state, is guilty of a misdemeanor 13.23and shall be prohibited from possessing firearms for a period of five years. Each extreme 13.24risk protection order granted under this chapter must contain a conspicuous notice to the 13.25respondent regarding the penalty for violation of the order. 13.26Sec. 9. [624.7178] LIABILITY PROTECTION. 13.27 Subdivision 1.Liability protection for petition.A chief law enforcement officer, the 13.28chief law enforcement officer's designee, or a city or county attorney, who, in good faith, 13.29decides not to petition for an extreme risk protection order or emergency extreme risk 13.30protection order shall be immune from criminal or civil liability. 13.31 Subd. 2.Liability protection for storage of firearms.A law enforcement agency shall 13.32be immune from civil or criminal liability for any damage or deterioration of firearms, 13Sec. 9. REVISOR KLL H0015-1HF15 FIRST ENGROSSMENT 14.1ammunition, or weapons stored or transported pursuant to section 624.7175. This subdivision 14.2shall not apply if the damage or deterioration occurred as a result of recklessness, gross 14.3negligence, or intentional misconduct by the law enforcement agency. 14.4 Subd. 3.Liability protection for harm following service of an order or execution of 14.5a search warrant.A peace officer, law enforcement agency, and the state or a political 14.6subdivision by which a peace officer is employed has immunity from any liability, civil or 14.7criminal, for harm caused by a person who is the subject of an extreme risk protection order, 14.8a search warrant issued pursuant to section 624.7175, paragraph (d), or both, after service 14.9of the order or execution of the warrant, whichever comes first, if the peace officer acts in 14.10good faith in serving the order or executing the warrant. 14.11Sec. 10. [626.8481] EXTREME RISK PROTECTION ORDER; DEVELOPMENT 14.12OF MODEL PROCEDURES. 14.13 By December 1, 2023, the Peace Officer Standards and Training Board, after consulting 14.14with the Minnesota County Attorneys Association, the Minnesota Sheriffs' Association, the 14.15Minnesota Chiefs of Police Association, and the Minnesota Police and Peace Officers 14.16Association, shall develop model procedures and standards for the storage of firearms 14.17transferred to law enforcement under section 624.7175. 14.18Sec. 11. EFFECTIVE DATE. 14.19 Sections 1 to 9 are effective January 1, 2024, and apply to firearm permit background 14.20checks made on or after that date. 14Sec. 11. REVISOR KLL H0015-1HF15 FIRST ENGROSSMENT