Minnesota 2023-2024 Regular Session

Minnesota House Bill HF15 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to public safety; enabling law enforcement and family members to petition
3	3		1.3 a court to prohibit people from possessing firearms if they pose a significant danger
4	4		1.4 to themselves or others by possessing a firearm; appropriating money; amending
5	5		1.5 Minnesota Statutes 2022, section 624.713, subdivision 1; proposing coding for
6	6		1.6 new law in Minnesota Statutes, chapters 624; 626.
7	7		1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8		1.8 Section 1. Minnesota Statutes 2022, section 624.713, subdivision 1, is amended to read:
9	9		1.9 Subdivision 1.Ineligible persons.The following persons shall not be entitled to possess
10	10		1.10ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause
11	11		1.11(1), any other firearm:
12	12		1.12 (1) a person under the age of 18 years except that a person under 18 may possess
13	13		1.13ammunition designed for use in a firearm that the person may lawfully possess and may
14	14		1.14carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual
15	15		1.15presence or under the direct supervision of the person's parent or guardian, (ii) for the
16	16		1.16purpose of military drill under the auspices of a legally recognized military organization
17	17		1.17and under competent supervision, (iii) for the purpose of instruction, competition, or target
18	18		1.18practice on a firing range approved by the chief of police or county sheriff in whose
19	19		1.19jurisdiction the range is located and under direct supervision; or (iv) if the person has
20	20		1.20successfully completed a course designed to teach marksmanship and safety with a pistol
21	21		1.21or semiautomatic military-style assault weapon and approved by the commissioner of natural
22	22		1.22resources;
23	23		1.23 (2) except as otherwise provided in clause (9), a person who has been convicted of, or
24	24		1.24adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in
25	25		1Section 1.
26		-	REVISOR KLL H0015-2HF15 ~~SECOND~~ ENGROSSMENT
	26	+	REVISOR KLL H0015-1HF15 FIRST ENGROSSMENT
27	27		State of Minnesota
28	28		This Document can be made available
29	29		in alternative formats upon request
30	30		HOUSE OF REPRESENTATIVES
31	31		H. F. No. 15
32	32		NINETY-THIRD SESSION
33	33		Authored by Frazier, Moller, Klevorn, Hassan, Becker-Finn and others01/04/2023
34	34		The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy
35		-	Adoption of Report: Amended and re-referred to the Committee on Judiciary Finance and Civil Law02/06/2023
36		-	Adoption of Report: Amended and re-referred to the Committee on Ways and Means02/15/2023 2.1this state or elsewhere, a crime of violence. For purposes of this section, crime of violence
	35	+	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
37	36		2.2includes crimes in other states or jurisdictions which would have been crimes of violence
38	37		2.3as herein defined if they had been committed in this state;
39	38		2.4 (3) a person who is or has ever been committed in Minnesota or elsewhere by a judicial
40	39		2.5determination that the person is mentally ill, developmentally disabled, or mentally ill and
41	40		2.6dangerous to the public, as defined in section 253B.02, to a treatment facility, or who has
42	41		2.7ever been found incompetent to stand trial or not guilty by reason of mental illness, unless
43	42		2.8the person's ability to possess a firearm and ammunition has been restored under subdivision
44	43		2.94;
45	44		2.10 (4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
46	45		2.11gross misdemeanor violation of chapter 152, unless three years have elapsed since the date
47	46		2.12of conviction and, during that time, the person has not been convicted of any other such
48	47		2.13violation of chapter 152 or a similar law of another state; or a person who is or has ever
49	48		2.14been committed by a judicial determination for treatment for the habitual use of a controlled
50	49		2.15substance or marijuana, as defined in sections 152.01 and 152.02, unless the person's ability
51	50		2.16to possess a firearm and ammunition has been restored under subdivision 4;
52	51		2.17 (5) a person who has been committed to a treatment facility in Minnesota or elsewhere
53	52		2.18by a judicial determination that the person is chemically dependent as defined in section
54	53		2.19253B.02, unless the person has completed treatment or the person's ability to possess a
55	54		2.20firearm and ammunition has been restored under subdivision 4. Property rights may not be
56	55		2.21abated but access may be restricted by the courts;
57	56		2.22 (6) a peace officer who is informally admitted to a treatment facility pursuant to section
58	57		2.23253B.04 for chemical dependency, unless the officer possesses a certificate from the head
59	58		2.24of the treatment facility discharging or provisionally discharging the officer from the
60	59		2.25treatment facility. Property rights may not be abated but access may be restricted by the
61	60		2.26courts;
62	61		2.27 (7) a person, including a person under the jurisdiction of the juvenile court, who has
63	62		2.28been charged with committing a crime of violence and has been placed in a pretrial diversion
64	63		2.29program by the court before disposition, until the person has completed the diversion program
65	64		2.30and the charge of committing the crime of violence has been dismissed;
66	65		2.31 (8) except as otherwise provided in clause (9), a person who has been convicted in
67	66		2.32another state of committing an offense similar to the offense described in section 609.224,
68	67		2.33subdivision 3, against a family or household member or section 609.2242, subdivision 3,
69	68		2.34unless three years have elapsed since the date of conviction and, during that time, the person
70	69		2Section 1.
71		-	REVISOR KLL H0015-2HF15 ~~SECOND~~ ENGROSSMENT 3.1has not been convicted of any other violation of section 609.224, subdivision 3, or 609.2242,
	70	+	REVISOR KLL H0015-1HF15 FIRST ENGROSSMENT 3.1has not been convicted of any other violation of section 609.224, subdivision 3, or 609.2242,
72	71		3.2subdivision 3, or a similar law of another state;
73	72		3.3 (9) a person who has been convicted in this state or elsewhere of assaulting a family or
74	73		3.4household member and who was found by the court to have used a firearm in any way
75	74		3.5during commission of the assault is prohibited from possessing any type of firearm or
76	75		3.6ammunition for the period determined by the sentencing court;
77	76		3.7 (10) a person who:
78	77		3.8 (i) has been convicted in any court of a crime punishable by imprisonment for a term
79	78		3.9exceeding one year;
80	79		3.10 (ii) is a fugitive from justice as a result of having fled from any state to avoid prosecution
81	80		3.11for a crime or to avoid giving testimony in any criminal proceeding;
82	81		3.12 (iii) is an unlawful user of any controlled substance as defined in chapter 152;
83	82		3.13 (iv) has been judicially committed to a treatment facility in Minnesota or elsewhere as
84	83		3.14a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the
85	84		3.15public, as defined in section 253B.02;
86	85		3.16 (v) is an alien who is illegally or unlawfully in the United States;
87	86		3.17 (vi) has been discharged from the armed forces of the United States under dishonorable
88	87		3.18conditions;
89	88		3.19 (vii) has renounced the person's citizenship having been a citizen of the United States;
90	89		3.20or
91	90		3.21 (viii) is disqualified from possessing a firearm under United States Code, title 18, section
92	91		3.22922(g)(8) or (9), as amended through March 1, 2014;
93	92		3.23 (11) a person who has been convicted of the following offenses at the gross misdemeanor
94	93		3.24level, unless three years have elapsed since the date of conviction and, during that time, the
95	94		3.25person has not been convicted of any other violation of these sections: section 609.229
96	95		3.26(crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults motivated
97	96		3.27by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a child);
98	97		3.28609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring gun); 609.71
99	98		3.29(riot); or 609.749 (harassment or stalking). For purposes of this paragraph, the specified
100	99		3.30gross misdemeanor convictions include crimes committed in other states or jurisdictions
101	100		3.31which would have been gross misdemeanors if conviction occurred in this state;
102	101		3Section 1.
103		-	REVISOR KLL H0015-2HF15 ~~SECOND~~ ENGROSSMENT 4.1 (12) a person who has been convicted of a violation of section 609.224 if the court
	102	+	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
104	103		4.2determined that the assault was against a family or household member in accordance with
105	104		4.3section 609.2242, subdivision 3 (domestic assault), unless three years have elapsed since
106	105		4.4the date of conviction and, during that time, the person has not been convicted of another
107	106		4.5violation of section 609.224 or a violation of a section listed in clause (11); or
108	107		4.6 (13) a person who is subject to an order for protection as described in section 260C.201,
109	108		4.7subdivision 3, paragraph (d), or 518B.01, subdivision 6, paragraph (g); or
110	109		4.8 (14) a person who is subject to an extreme risk protection order as described in section
111	110		4.9624.7172 or 624.7174.
112	111		4.10 A person who issues a certificate pursuant to this section in good faith is not liable for
113	112		4.11damages resulting or arising from the actions or misconduct with a firearm or ammunition
114	113		4.12committed by the individual who is the subject of the certificate.
115	114		4.13 The prohibition in this subdivision relating to the possession of firearms other than
116	115		4.14pistols and semiautomatic military-style assault weapons does not apply retroactively to
117	116		4.15persons who are prohibited from possessing a pistol or semiautomatic military-style assault
118	117		4.16weapon under this subdivision before August 1, 1994.
119	118		4.17 The lifetime prohibition on possessing, receiving, shipping, or transporting firearms and
120	119		4.18ammunition for persons convicted or adjudicated delinquent of a crime of violence in clause
121	120		4.19(2), applies only to offenders who are discharged from sentence or court supervision for a
122	121		4.20crime of violence on or after August 1, 1993.
123	122		4.21 For purposes of this section, "judicial determination" means a court proceeding pursuant
124	123		4.22to sections 253B.07 to 253B.09 or a comparable law from another state.
125	124		4.23 Sec. 2. [624.7171] EXTREME RISK PROTECTION ORDERS.
126	125		4.24 Subdivision 1.Definitions.(a) As used in sections 624.7171 to 624.7178, the following
127	126		4.25terms have the meanings given.
128	127		4.26 (b) "Family or household members" means:
129	128		4.27 (1) spouses and former spouses of the respondent;
130	129		4.28 (2) parents and children of the respondent;
131	130		4.29 (3) persons who are presently residing with the respondent; or
132	131		4.30 (4) a person involved in a significant romantic or sexual relationship with the respondent.
133	132		4Sec. 2.
134		-	REVISOR KLL H0015-2HF15 ~~SECOND~~ ENGROSSMENT 5.1In determining whether persons are in a significant romantic or sexual relationship under
	133	+	REVISOR KLL H0015-1HF15 FIRST ENGROSSMENT 5.1In determining whether persons are in a significant romantic or sexual relationship under
135	134		5.2clause (4), the court shall consider the length of time of the relationship; type of relationship;
136	135		5.3and frequency of interaction between the parties.
137	136		5.4 (c) "Firearm" has the meaning given in section 609.666, subdivision 1, paragraph (a).
138		-	5.5 (d) "Mental health professional" has the meaning given in section 245I.02, subdivision
139		-	5.627.
140		-	5.7 Subd. 2.Court jurisdiction.An application for relief under this section may be filed
141		-	5.8in the county of residence of the respondent or the county where the petitioner resides or is
142		-	5.9officed. Actions under this section shall be given docket priorities by the court.
143		-	5.10 Subd. 3.Information on petitioner's location or residence.Upon the petitioner's
144		-	5.11request, information maintained by the court regarding the petitioner's location or residence
145		-	5.12is not accessible to the public and may be disclosed only to court personnel or law
146		-	5.13enforcement for purposes of service of process, conducting an investigation, or enforcing
147		-	5.14an order.
148		-	5.15 Subd. 4.Generally.(a) There shall exist an action known as a petition for an extreme
149		-	5.16risk protection order, which order shall enjoin and prohibit the respondent from possessing
150		-	5.17or purchasing firearms for as long as the order remains in effect.
151		-	5.18 (b) A petition for relief under sections 624.7171 to 624.7178 may be made by the chief
152		-	5.19law enforcement officer, the chief law enforcement officer's designee, a city or county
153		-	5.20attorney, a mental health professional, any family or household members of the respondent,
154		-	5.21or a guardian, as defined in section 524.1-201, clause (27), of the respondent. Notwithstanding
155		-	5.22any law to the contrary, mental health professionals may disclose to the court any information
156		-	5.23necessary to complete a petition under this paragraph or section 624.7174.
157		-	5.24 (c) A petition for relief shall allege that the respondent poses a significant danger of
158		-	5.25bodily harm to other persons or is at significant risk of suicide by possessing a firearm. The
159		-	5.26petition shall be accompanied by an affidavit made under oath stating specific facts and
160		-	5.27circumstances forming a basis to allege that an extreme risk protection order should be
161		-	5.28granted. The affidavit may include but is not limited to evidence showing any of the factors
162		-	5.29described in section 624.7172, subdivision 2.
163		-	5.30 (d) A petition for emergency relief under section 624.7174 shall additionally allege that
164		-	5.31the respondent presents an immediate and present danger of either bodily harm to others or
165		-	5.32of taking their life.
	137	+	5.5 Subd. 2.Court jurisdiction.An application for relief under this section may be filed
	138	+	5.6in the county of residence of the respondent or the county where the petitioner resides or is
	139	+	5.7officed. Actions under this section shall be given docket priorities by the court.
	140	+	5.8 Subd. 3.Information on petitioner's location or residence.Upon the petitioner's
	141	+	5.9request, information maintained by the court regarding the petitioner's location or residence
	142	+	5.10is not accessible to the public and may be disclosed only to court personnel or law
	143	+	5.11enforcement for purposes of service of process, conducting an investigation, or enforcing
	144	+	5.12an order.
	145	+	5.13 Subd. 4.Generally.(a) There shall exist an action known as a petition for an extreme
	146	+	5.14risk protection order, which order shall enjoin and prohibit the respondent from possessing
	147	+	5.15or purchasing firearms for as long as the order remains in effect.
	148	+	5.16 (b) A petition for relief under sections 624.7171 to 624.7178 may be made by the chief
	149	+	5.17law enforcement officer, the chief law enforcement officer's designee, a city or county
	150	+	5.18attorney, any family or household members of the respondent, or a guardian, as defined in
	151	+	5.19section 524.1-201, clause (27), of the respondent.
	152	+	5.20 (c) A petition for relief shall allege that the respondent poses a significant danger of
	153	+	5.21bodily harm to self or to other persons by possessing a firearm. The petition shall be
	154	+	5.22accompanied by an affidavit made under oath stating specific facts and circumstances
	155	+	5.23forming a basis to allege that an extreme risk protection order should be granted. The affidavit
	156	+	5.24may include but is not limited to evidence showing any of the factors described in section
	157	+	5.25624.7172, subdivision 2.
	158	+	5.26 (d) A petition for emergency relief under section 624.7174 shall additionally allege that
	159	+	5.27the respondent presents an immediate and present danger of bodily harm.
	160	+	5.28 (e) A petition for relief must describe, to the best of the petitioner's knowledge, the types
	161	+	5.29and location of any firearms believed by the petitioner to be possessed by the respondent.
	162	+	5.30 (f) The court shall provide simplified forms and clerical assistance to help with the
	163	+	5.31writing and filing of a petition under this section.
	164	+	5.32 (g) The state court administrator shall create all forms necessary under sections 624.7171
	165	+	5.33to 624.7178.
166	166		5Sec. 2.
167		-	REVISOR KLL H0015-2HF15 SECOND ENGROSSMENT 6.1 (e) A petition for relief must describe, to the best of the petitioner's knowledge, the types
168		-	6.2and location of any firearms believed by the petitioner to be possessed by the respondent.
169		-	6.3 (f) The court shall provide simplified forms and clerical assistance to help with the
170		-	6.4writing and filing of a petition under this section.
171		-	6.5 (g) The state court administrator shall create all forms necessary under sections 624.7171
172		-	6.6to 624.7178.
173		-	6.7 (h) The filing fees for an extreme risk protection order under this section are waived for
174		-	6.8the petitioner and respondent. The court administrator, the sheriff of any county in this state,
175		-	6.9and other law enforcement and corrections officers shall perform their duties relating to
176		-	6.10service of process without charge to the petitioner. The court shall direct payment of the
177		-	6.11reasonable costs of service of process if served by a private process server when the sheriff
178		-	6.12or other law enforcement or corrections officer is unavailable or if service is made by
179		-	6.13publication, without requiring the petitioner to make application under section 563.01.
180		-	6.14 (i) The court shall advise the petitioner of the right to serve the respondent by alternate
181		-	6.15notice under section 624.7172, subdivision 1, paragraph (e), if the respondent is avoiding
182		-	6.16personal service by concealment or otherwise, and shall assist in the writing and filing of
183		-	6.17the affidavit.
184		-	6.18 (j) The court shall advise the petitioner of the right to request a hearing under section
185		-	6.19624.7174, paragraph (c). If the petitioner does not request a hearing, the court shall advise
186		-	6.20the petitioner that the respondent may request a hearing and that notice of the hearing date
187		-	6.21and time will be provided to the petitioner by mail at least five days before the hearing.
188		-	6.22 (k) Any proceeding under sections 624.7171 to 624.7178 shall be in addition to other
189		-	6.23civil or criminal remedies.
190		-	6.24 (l) All health records and other health information provided in a petition or considered
191		-	6.25as evidence in a proceeding under sections 624.7171 to 624.7178 shall be protected from
192		-	6.26public disclosure but may be provided to law enforcement agencies as described in this
193		-	6.27section.
194		-	6.28 (m) Any extreme risk protection order or subsequent extension issued under sections
195		-	6.29624.7171 to 624.7178 shall be forwarded by the court administrator within 24 hours to the
196		-	6.30local law enforcement agency with jurisdiction over the residence of the respondent and
197		-	6.31electronically transmitted within three business days to the National Instant Criminal
198		-	6.32Background Check System. When an order expires or is terminated by the court, the court
199		-	6.33must submit a request that the order be removed from the National Instant Background
	167	+	REVISOR KLL H0015-1HF15 FIRST ENGROSSMENT 6.1 (h) The filing fees for an extreme risk protection order under this section are waived for
	168	+	6.2the petitioner and respondent. The court administrator, the sheriff of any county in this state,
	169	+	6.3and other law enforcement and corrections officers shall perform their duties relating to
	170	+	6.4service of process without charge to the petitioner. The court shall direct payment of the
	171	+	6.5reasonable costs of service of process if served by a private process server when the sheriff
	172	+	6.6or other law enforcement or corrections officer is unavailable or if service is made by
	173	+	6.7publication, without requiring the petitioner to make application under section 563.01.
	174	+	6.8 (i) The court shall advise the petitioner of the right to serve the respondent by alternate
	175	+	6.9notice under section 624.7172, subdivision 1, paragraph (e), if the respondent is avoiding
	176	+	6.10personal service by concealment or otherwise, and shall assist in the writing and filing of
	177	+	6.11the affidavit.
	178	+	6.12 (j) The court shall advise the petitioner of the right to request a hearing under section
	179	+	6.13624.7174, paragraph (c). If the petitioner does not request a hearing, the court shall advise
	180	+	6.14the petitioner that the respondent may request a hearing and that notice of the hearing date
	181	+	6.15and time will be provided to the petitioner by mail at least five days before the hearing.
	182	+	6.16 (k) Any proceeding under sections 624.7171 to 624.7178 shall be in addition to other
	183	+	6.17civil or criminal remedies.
	184	+	6.18 (l) All health records and other health information provided in a petition or considered
	185	+	6.19as evidence in a proceeding under sections 624.7171 to 624.7178 shall be protected from
	186	+	6.20public disclosure but may be provided to law enforcement agencies as described in this
	187	+	6.21section.
	188	+	6.22 (m) Any extreme risk protection order or subsequent extension issued under sections
	189	+	6.23624.7171 to 624.7178 shall be forwarded by the court administrator within 24 hours to the
	190	+	6.24local law enforcement agency with jurisdiction over the residence of the respondent and
	191	+	6.25electronically transmitted within three business days to the National Instant Criminal
	192	+	6.26Background Check System. When an order expires or is terminated by the court, the court
	193	+	6.27must submit a request that the order be removed from the National Instant Background
	194	+	6.28Check System. Each appropriate law enforcement agency shall make available to other law
	195	+	6.29enforcement officers, through a system for verification, information as to the existence and
	196	+	6.30status of any extreme risk protection order issued under sections 624.7171 to 624.7178.
200	197		6Sec. 2.
201		-	REVISOR KLL H0015-2HF15 ~~SECOND~~ ENGROSSMENT 7.~~1Check System~~. ~~Each appropriate law enforcement agency shall make available to other law~~
202		-	7.~~2enforcement officers, through a system for verification, information as to the existence and~~
203		-	7.~~3status~~ of ~~any extreme risk protection~~ order ~~issued under sections 624.7171 to 624.7178.~~
204		-	7.~~4 Sec.~~ ~~3. [624.7172] EXTREME RISK PROTECTION ORDERS ISSUED AFTER~~
205		-	7.~~5HEARING~~.
206		-	7.6 ~~Subdivision 1.Hearing.~~(a) ~~Upon receipt~~ of the ~~petition for~~ an ~~order after a hearing, the~~
207		-	7.~~7court must schedule and hold a hearing within 14 days~~ from ~~the date~~ the ~~petition was~~
208		-	7.~~8received~~.
209		-	7.9 (b) The ~~court~~ shall ~~advise the petitioner~~ of ~~the right to request~~ an ~~emergency extreme~~
210		-	7.~~10risk protection order under section 624.7174 separately from or simultaneously with~~ the
211		-	7.~~11petition under this subdivision~~.
212		-	7.~~12 (c)~~ The ~~petitioning~~ agency ~~shall be responsible for service~~ of ~~an extreme risk protection~~
213		-	7.~~13order issued by the~~ court ~~and shall further be the agency responsible for the execution of~~
214		-	7.~~14any legal process required for~~ the ~~seizure and storage~~ of ~~firearms subject to~~ the ~~order. Nothing~~
215		-	7.~~15in this provision limits~~ the ~~ability of~~ the ~~law enforcement agency of record from cooperating~~
216		-	7.~~16with other law enforcement entities~~. When ~~a court issues an extreme risk protection order~~
217		-	7.~~17for~~ a ~~person who resides on Tribal territory, the chief law enforcement officer~~ of the law
218		-	7.~~18enforcement agency~~ responsible for ~~serving~~ the ~~order must request the assistance and counsel~~
219		-	7.~~19of~~ the ~~appropriate Tribal police department prior~~ to ~~serving the respondent. When the~~
220		-	7.~~20petitioner is a family or household member of the respondent or a mental health professional,~~
221		-	7.~~21the primary law enforcement agency serving~~ the ~~jurisdiction of residency of~~ the respondent
222		-	7.~~22shall be responsible~~ for the ~~execution of any legal process required for~~ the ~~seizure and~~
223		-	7.~~23storage~~ of ~~firearms subject~~ to the ~~order.~~
224		-	7.~~24 (d) Personal service of notice for~~ the hearing ~~may~~ be ~~made upon the respondent at any~~
225		-	7.~~25time up~~ to ~~48 hours prior to~~ the ~~time set for~~ the ~~hearing~~, ~~provided that the respondent at the~~
226		-	7.~~26hearing may request a continuance of up~~ to ~~14 days if~~ the ~~respondent is served less than~~
227		-	7.~~27five days prior to~~ the hearing~~, which continuance shall be granted unless there are compelling~~
228		-	7.~~28reasons not to do so.~~ If the court ~~grants~~ the ~~requested continuance,~~ and ~~an existing emergency~~
229		-	7.~~29order~~ under section ~~624~~.~~7174 will expire due to~~ the ~~continuance, the court shall also issue~~
230		-	7.~~30a written order continuing~~ the ~~emergency order pending~~ the ~~new time set for~~ the ~~hearing.~~
231		-	7.~~31 (e) If personal service cannot be made,~~ the ~~court may order service~~ of the ~~petition and~~
232		-	7.~~32any order issued under this section by alternate means.~~ The ~~application for alternate service~~
233		-	7.~~33must include the last known location~~ of the respondent~~; the petitioner~~'s ~~most recent contacts~~
234		-	7.~~34with~~ the ~~respondent;~~ the ~~last known location~~ of ~~the respondent's employment; the names~~
	198	+	REVISOR KLL H0015-1HF15 FIRST ENGROSSMENT 7.1 Sec. 3. [624.7172] EXTREME RISK PROTECTION ORDERS ISSUED AFTER
	199	+	7.2HEARING.
	200	+	7.3 Subdivision 1.Hearing.(a) Upon receipt of the petition for an order after a hearing, the
	201	+	7.4court must schedule and hold a hearing within 14 days from the date the petition was
	202	+	7.5received.
	203	+	7.6 (b) The court shall advise the petitioner of the right to request an emergency extreme
	204	+	7.7risk protection order under section 624.7174 separately from or simultaneously with the
	205	+	7.8petition under this subdivision.
	206	+	7.9 (c) The petitioning agency shall be responsible for service of an extreme risk protection
	207	+	7.10order issued by the court and shall further be the agency responsible for the execution of
	208	+	7.11any legal process required for the seizure and storage of firearms subject to the order. Nothing
	209	+	7.12in this provision limits the ability of the law enforcement agency of record from cooperating
	210	+	7.13with other law enforcement entities. When a court issues an extreme risk protection order
	211	+	7.14for a person who resides on Tribal territory, the chief law enforcement officer of the law
	212	+	7.15enforcement agency responsible for serving the order must request the assistance and counsel
	213	+	7.16of the appropriate Tribal police department prior to serving the respondent. When the
	214	+	7.17petitioner is a family or household member of the respondent, the primary law enforcement
	215	+	7.18agency serving the jurisdiction of residency of the respondent shall be responsible for the
	216	+	7.19execution of any legal process required for the seizure and storage of firearms subject to
	217	+	7.20the order.
	218	+	7.21 (d) Personal service of notice for the hearing may be made upon the respondent at any
	219	+	7.22time up to 48 hours prior to the time set for the hearing, provided that the respondent at the
	220	+	7.23hearing may request a continuance of up to 14 days if the respondent is served less than
	221	+	7.24five days prior to the hearing, which continuance shall be granted unless there are compelling
	222	+	7.25reasons not to do so. If the court grants the requested continuance, and an existing emergency
	223	+	7.26order under section 624.7174 will expire due to the continuance, the court shall also issue
	224	+	7.27a written order continuing the emergency order pending the new time set for the hearing.
	225	+	7.28 (e) If personal service cannot be made, the court may order service of the petition and
	226	+	7.29any order issued under this section by alternate means. The application for alternate service
	227	+	7.30must include the last known location of the respondent; the petitioner's most recent contacts
	228	+	7.31with the respondent; the last known location of the respondent's employment; the names
	229	+	7.32and locations of the respondent's parents, siblings, children, and other close relatives; the
	230	+	7.33names and locations of other persons who are likely to know the respondent's whereabouts;
	231	+	7.34and a description of efforts to locate those persons. The court shall consider the length of
235	232		7Sec. 3.
236		-	REVISOR KLL H0015-2HF15 ~~SECOND~~ ENGROSSMENT 8.~~1and locations of~~ the respondent's ~~parents~~, ~~siblings, children,~~ ~~and other close relatives;~~ the
237		-	8.~~2names~~ and ~~locations~~ of ~~other persons who are likely~~ to ~~know the respondent's whereabouts;~~
238		-	8.~~3and a description of efforts to locate those persons~~. The court shall ~~consider the length of~~
239		-	8.~~4time the respondent's location has been unknown,~~ ~~the likelihood~~ that ~~the respondent's location~~
240		-	8.~~5will become known,~~ the ~~nature of~~ the ~~relief sought~~, ~~and the nature of efforts made to locate~~
241		-	8.~~6the respondent.~~ The ~~court shall order service by first class mail~~, ~~forwarding address requested,~~
242		-	8.~~7to any addresses where there is a reasonable possibility that mail~~ or ~~information will be~~
243		-	8.~~8forwarded or communicated to the respondent. The court may also order~~ publication~~, within~~
244		-	8.~~9or without~~ the ~~state~~, ~~but only if it might reasonably succeed in notifying~~ the ~~respondent of~~
245		-	8.~~10the proceeding.~~ ~~Service shall be deemed complete 14 days after mailing or 14 days after~~
246		-	8.~~11court-ordered publication~~.
247		-	8.12 ~~Subd. 2.Relief by court.~~(a) At the hearing, the ~~petitioner must prove by clear and~~
248		-	8.~~13convincing~~ evidence ~~that~~ the ~~respondent poses a significant danger to other persons or is at~~
249		-	8.~~14significant risk~~ of ~~suicide~~ by ~~possessing a firearm.~~
250		-	8.~~15 (b) In determining whether to grant the order after a hearing, the court shall consider~~
251		-	8.~~16evidence~~ of ~~the following~~, ~~whether~~ or ~~not~~ the ~~petitioner has provided evidence of the same:~~
252		-	8.~~17 (1) a history of threats or acts of violence by the respondent directed toward~~ another
253		-	8.~~18person;~~
254		-	8.~~19 (2) the history of use, attempted use,~~ or ~~threatened use of physical force by the respondent~~
255		-	8.~~20against another person~~;
256		-	8.21 (3) a ~~violation of any court order~~, ~~including but not limited to orders issued under sections~~
257		-	8.~~22624~~.~~7171 to 624.7178~~ or ~~chapter 260C or 518B~~;
258		-	8.23 (4) a ~~prior arrest~~ for ~~a felony~~ offense;
259		-	8.24 (5) a ~~conviction or prior arrest for a violent misdemeanor offense, for a stalking offense~~
260		-	8.~~25under section 609.749, or for domestic assault under section 609.2242;~~
261		-	8.26 (6) ~~a conviction for~~ an ~~offense of cruelty to animals~~ under ~~chapter 343;~~
262		-	8.~~27 (7) the unlawful and reckless use, display~~, or ~~brandishing of~~ a ~~firearm by the respondent;~~
263		-	8.~~28 (8) suicide attempts by the respondent~~ or ~~a serious mental illness; and~~
264		-	8.29 (9) whether the ~~respondent is named in an existing~~ order ~~in effect under sections 624.7171~~
265		-	8.~~30to 624.7178 or chapter 260C or 518B,~~ ~~or party~~ to ~~a pending lawsuit, complaint, petition, or~~
266		-	8.~~31other action under sections 624.7171 to 624.7178 or chapter 518B~~.
	233	+	REVISOR KLL H0015-1HF15 FIRST ENGROSSMENT 8.1time the respondent's location has been unknown, the likelihood that the respondent's location
	234	+	8.2will become known, the nature of the relief sought, and the nature of efforts made to locate
	235	+	8.3the respondent. The court shall order service by first class mail, forwarding address requested,
	236	+	8.4to any addresses where there is a reasonable possibility that mail or information will be
	237	+	8.5forwarded or communicated to the respondent. The court may also order publication, within
	238	+	8.6or without the state, but only if it might reasonably succeed in notifying the respondent of
	239	+	8.7the proceeding. Service shall be deemed complete 14 days after mailing or 14 days after
	240	+	8.8court-ordered publication.
	241	+	8.9 Subd. 2.Relief by court.(a) At the hearing, the petitioner must prove by clear and
	242	+	8.10convincing evidence that the respondent poses a significant danger of bodily harm to self
	243	+	8.11or other persons by possessing a firearm.
	244	+	8.12 (b) In determining whether to grant the order after a hearing, the court shall consider
	245	+	8.13evidence of the following, whether or not the petitioner has provided evidence of the same:
	246	+	8.14 (1) a history of threats or acts of violence by the respondent directed toward another
	247	+	8.15person;
	248	+	8.16 (2) the history of use, attempted use, or threatened use of physical force by the respondent
	249	+	8.17against another person;
	250	+	8.18 (3) a violation of any court order, including but not limited to orders issued under sections
	251	+	8.19624.7171 to 624.7178 or chapter 260C or 518B;
	252	+	8.20 (4) a prior arrest for a felony offense;
	253	+	8.21 (5) a conviction or prior arrest for a violent misdemeanor offense, for a stalking offense
	254	+	8.22under section 609.749, or for domestic assault under section 609.2242;
	255	+	8.23 (6) a conviction for an offense of cruelty to animals under chapter 343;
	256	+	8.24 (7) the unlawful and reckless use, display, or brandishing of a firearm by the respondent;
	257	+	8.25 (8) a history of self-harm by the respondent; and
	258	+	8.26 (9) whether the respondent is named in an existing order in effect under sections 624.7171
	259	+	8.27to 624.7178 or chapter 260C or 518B, or party to a pending lawsuit, complaint, petition, or
	260	+	8.28other action under sections 624.7171 to 624.7178 or chapter 518B.
	261	+	8.29 (c) In determining whether to grant the order after a hearing, the court may consider any
	262	+	8.30other evidence that bears on whether the respondent poses a danger to the respondent's self
	263	+	8.31or others.
267	264		8Sec. 3.
268		-	REVISOR KLL H0015-2HF15 SECOND ENGROSSMENT 9.1 (c) In determining whether to grant the order after a hearing, the court may consider any
269		-	9.2other evidence that bears on whether the respondent poses a danger to others or is at risk
270		-	9.3of suicide.
271		-	9.4 (d) If the court finds there is clear and convincing evidence to issue an extreme risk
272		-	9.5protection order, the court shall issue the order prohibiting the person from possessing or
273		-	9.6purchasing a firearm for the duration of the order. The court shall inform the respondent
274		-	9.7that the respondent is prohibited from possessing or purchasing firearms and shall issue a
275		-	9.8transfer order under section 624.7175. The court shall also give notice to the county attorney's
276		-	9.9office, which may take action as it deems appropriate.
277		-	9.10 (e) The court shall determine the length of time the order is in effect, but may not set
278		-	9.11the length of time for less than six months or more than one year, subject to renewal or
279		-	9.12extension under section 624.7173.
280		-	9.13 (f) If there is no existing emergency order under section 624.7174 at the time an order
281		-	9.14is granted under this section, the court shall determine by clear and convincing evidence
282		-	9.15whether the respondent presents an immediate and present danger of bodily harm. If the
283		-	9.16court so determines, the transfer order shall include the provisions described in section
284		-	9.17624.7175, paragraph (c).
285		-	9.18 (g) If, after a hearing, the court does not issue an order of protection, the court shall
286		-	9.19vacate any emergency extreme risk protection order currently in effect.
287		-	9.20 (h) A respondent may waive the respondent's right to contest the hearing and consent
288		-	9.21to the court's imposition of an extreme risk protection order. The court shall seal the petition
289		-	9.22filed under this section and section 624.7144 if a respondent who consents to imposition of
290		-	9.23an extreme risk protection order requests that the petition be sealed, unless the court finds
291		-	9.24that there is clear and convincing evidence that the interests of the public and public safety
292		-	9.25outweigh the disadvantages to the respondent of not sealing the petition. All extreme risk
293		-	9.26protection orders based on the respondent being a danger to others shall remain public.
294		-	9.27Extreme risk protection orders issued for respondents who are solely at risk of suicide shall
295		-	9.28not be public.
296		-	9.29 Sec. 4. [624.7173] SUBSEQUENT EXTENSIONS AND TERMINATION.
297		-	9.30 (a) Upon application by any party entitled to petition for an order under section 624.7172,
298		-	9.31and after notice to the respondent and a hearing, the court may extend the relief granted in
299		-	9.32an existing order granted after a hearing under section 624.7172. Application for an extension
300		-	9.33may be made any time within the three months before the expiration of the existing order.
	265	+	REVISOR KLL H0015-1HF15 FIRST ENGROSSMENT 9.1 (d) If the court finds there is clear and convincing evidence to issue an extreme risk
	266	+	9.2protection order, the court shall issue the order prohibiting the person from possessing or
	267	+	9.3purchasing a firearm for the duration of the order. The court shall inform the respondent
	268	+	9.4that the respondent is prohibited from possessing or purchasing firearms and shall issue a
	269	+	9.5transfer order under section 624.7175. The court shall also give notice to the county attorney's
	270	+	9.6office, which may take action as it deems appropriate.
	271	+	9.7 (e) The court shall determine the length of time the order is in effect, but may not set
	272	+	9.8the length of time for less than six months or more than one year, subject to renewal or
	273	+	9.9extension under section 624.7173.
	274	+	9.10 (f) If there is no existing emergency order under section 624.7174 at the time an order
	275	+	9.11is granted under this section, the court shall determine by clear and convincing evidence
	276	+	9.12whether the respondent presents an immediate and present danger of bodily harm. If the
	277	+	9.13court so determines, the transfer order shall include the provisions described in section
	278	+	9.14624.7175, paragraph (c).
	279	+	9.15 (g) If, after a hearing, the court does not issue an order of protection, the court shall
	280	+	9.16vacate any emergency extreme risk protection order currently in effect.
	281	+	9.17 (h) A respondent may waive the respondent's right to contest the hearing and consent
	282	+	9.18to the court's imposition of an extreme risk protection order. The court shall seal the petition
	283	+	9.19filed under this section and section 624.7144 if a respondent who consents to imposition of
	284	+	9.20an extreme risk protection order requests that the petition be sealed, unless the court finds
	285	+	9.21that there is clear and convincing evidence that the interests of the public and public safety
	286	+	9.22outweigh the disadvantages to the respondent of not sealing the petition. All extreme risk
	287	+	9.23protection orders shall remain public.
	288	+	9.24 Sec. 4. [624.7173] SUBSEQUENT EXTENSIONS AND TERMINATION.
	289	+	9.25 (a) Upon application by any party entitled to petition for an order under section 624.7172,
	290	+	9.26and after notice to the respondent and a hearing, the court may extend the relief granted in
	291	+	9.27an existing order granted after a hearing under section 624.7172. Application for an extension
	292	+	9.28may be made any time within the three months before the expiration of the existing order.
	293	+	9.29The court may extend the order if the court makes the same findings by clear and convincing
	294	+	9.30evidence as required for granting of an initial order under section 624.7172, subdivision 2,
	295	+	9.31paragraph (d). The minimum length of time of an extension is six months and the maximum
	296	+	9.32length of time of an extension is one year. The court shall consider the same types of evidence
	297	+	9.33as required for the initial order under section 624.7172, subdivision 2, paragraphs (b) and
	298	+	9.34(c).
301	299		9Sec. 4.
302		-	REVISOR KLL H0015-2HF15 SECOND ENGROSSMENT 10.1The court may extend the order if the court makes the same findings by clear and convincing
303		-	10.2evidence as required for granting of an initial order under section 624.7172, subdivision 2,
304		-	10.3paragraph (d). The minimum length of time of an extension is six months and the maximum
305		-	10.4length of time of an extension is one year. The court shall consider the same types of evidence
306		-	10.5as required for the initial order under section 624.7172, subdivision 2, paragraphs (b) and
307		-	10.6(c).
308		-	10.7 (b) Upon application by the respondent to an order issued under section 624.7172, the
309		-	10.8court may terminate an order after a hearing at which the respondent shall bear the burden
310		-	10.9of proving by clear and convincing evidence that the respondent does not pose a significant
311		-	10.10danger to other persons or is at significant risk of suicide by possessing a firearm. Application
312		-	10.11for termination may be made one time for each year an order is in effect. If an order has
313		-	10.12been issued for a period of six months, the respondent may apply for termination one time.
314		-	10.13Sec. 5. [624.7174] EMERGENCY ISSUANCE OF EXTREME RISK PROTECTION
315		-	10.14ORDER.
316		-	10.15 (a) In determining whether to grant an emergency extreme risk protection order, the
317		-	10.16court shall consider evidence of all facts identified in section 624.7172, subdivision 2,
318		-	10.17paragraphs (b) and (c).
319		-	10.18 (b) The court shall advise the petitioner of the right to request an order after a hearing
320		-	10.19under section 624.7172 separately from or simultaneously with the petition.
321		-	10.20 (c) If the court finds there is probable cause that (1) the respondent poses a significant
322		-	10.21danger of bodily harm to other persons or is at significant risk of suicide by possessing a
323		-	10.22firearm, and (2) the respondent presents an immediate and present danger of either bodily
324		-	10.23harm to others or of taking their life, the court shall issue an ex parte emergency order
325		-	10.24prohibiting the respondent from possessing or purchasing a firearm for the duration of the
326		-	10.25order. The order shall inform the respondent that the respondent is prohibited from possessing
327		-	10.26or purchasing firearms and shall issue a transfer order under section 624.7175, paragraph
328		-	10.27(c).
329		-	10.28 (d) A finding by the court that there is a basis for issuing an emergency extreme risk
330		-	10.29protection order constitutes a finding that sufficient reasons exist not to require notice under
331		-	10.30applicable court rules governing applications for ex parte relief.
332		-	10.31 (e) The emergency order shall have a fixed period of 14 days unless a hearing is set
333		-	10.32under section 624.7172 on an earlier date, in which case the order shall expire upon a judge's
334		-	10.33finding that no order is issued under section 624.7172.
	300	+	REVISOR KLL H0015-1HF15 FIRST ENGROSSMENT 10.1 (b) Upon application by the respondent to an order issued under section 624.7172, the
	301	+	10.2court may terminate an order after a hearing at which the respondent shall bear the burden
	302	+	10.3of proving by clear and convincing evidence that the respondent does not pose a significant
	303	+	10.4danger of bodily harm to the respondent's self or to other persons by possessing a firearm.
	304	+	10.5Application for termination may be made one time for each year an order is in effect. If an
	305	+	10.6order has been issued for a period of six months, the respondent may apply for termination
	306	+	10.7one time.
	307	+	10.8 Sec. 5. [624.7174] EMERGENCY ISSUANCE OF EXTREME RISK PROTECTION
	308	+	10.9ORDER.
	309	+	10.10 (a) In determining whether to grant an emergency extreme risk protection order, the
	310	+	10.11court shall consider evidence of all facts identified in section 624.7172, subdivision 2,
	311	+	10.12paragraphs (b) and (c).
	312	+	10.13 (b) The court shall advise the petitioner of the right to request an order after a hearing
	313	+	10.14under section 624.7172 separately from or simultaneously with the petition.
	314	+	10.15 (c) If the court finds there is probable cause that (1) the respondent poses a significant
	315	+	10.16danger of bodily harm to the respondent's self or to other persons by possessing a firearm,
	316	+	10.17and (2) the respondent presents an immediate and present danger of bodily harm, the court
	317	+	10.18shall issue an ex parte emergency order prohibiting the respondent from possessing or
	318	+	10.19purchasing a firearm for the duration of the order. The order shall inform the respondent
	319	+	10.20that the respondent is prohibited from possessing firearms and shall issue a transfer order
	320	+	10.21under section 624.7175, paragraph (c).
	321	+	10.22 (d) A finding by the court that there is a basis for issuing an emergency extreme risk
	322	+	10.23protection order constitutes a finding that sufficient reasons exist not to require notice under
	323	+	10.24applicable court rules governing applications for ex parte relief.
	324	+	10.25 (e) The emergency order shall have a fixed period of 14 days unless a hearing is set
	325	+	10.26under section 624.7172 on an earlier date, in which case the order shall expire upon a judge's
	326	+	10.27finding that no order is issued under section 624.7172.
	327	+	10.28 (f) Except as provided in paragraph (g), the respondent shall be personally served
	328	+	10.29immediately with a copy of the emergency order and a copy of the petition and, if a hearing
	329	+	10.30is requested by the petitioner under section 624.7172, notice of the date set for the hearing.
	330	+	10.31If the petitioner does not request a hearing under section 624.7172, an order served on a
	331	+	10.32respondent under this section must include a notice advising the respondent of the right to
335	332		10Sec. 5.
336		-	REVISOR KLL H0015-2HF15 SECOND ENGROSSMENT 11.1 (f) Except as provided in paragraph (g), the respondent shall be personally served
337		-	11.2immediately with a copy of the emergency order and a copy of the petition and, if a hearing
338		-	11.3is requested by the petitioner under section 624.7172, notice of the date set for the hearing.
339		-	11.4If the petitioner does not request a hearing under section 624.7172, an order served on a
340		-	11.5respondent under this section must include a notice advising the respondent of the right to
341		-	11.6request a hearing challenging the issuance of the emergency order, and must be accompanied
342		-	11.7by a form that can be used by the respondent to request a hearing.
343		-	11.8 (g) Service of the emergency order may be made by alternate service as provided under
344		-	11.9section 624.7172, subdivision 1, paragraph (e), provided that the petitioner files the affidavit
345		-	11.10required under that subdivision. If the petitioner does not request a hearing under section
346		-	11.11624.7172, the petition mailed to the respondent's residence, if known, must be accompanied
347		-	11.12by the form for requesting a hearing described in paragraph (f).
348		-	11.13Sec. 6. [624.7175] TRANSFER OF FIREARMS.
349		-	11.14 (a) Except as provided in paragraph (b), upon issuance of an extreme risk protection
350		-	11.15order, the court shall direct the respondent to transfer any firearms the person possesses as
351		-	11.16soon as reasonably practicable, but in no case later than 24 hours, to a federally licensed
352		-	11.17firearms dealer or a law enforcement agency. If the respondent elects to transfer the
353		-	11.18respondent's firearms to a law enforcement agency, the agency must accept the transfer.
354		-	11.19The transfer may be permanent or temporary. A temporary firearm transfer only entitles
355		-	11.20the receiving party to possess the firearm and does not transfer ownership or title. If the
356		-	11.21respondent makes a temporary transfer, a federally licensed firearms dealer or law
357		-	11.22enforcement agency may charge the respondent a reasonable fee to store the firearms and
358		-	11.23may establish policies for disposal of abandoned firearms, provided these policies require
359		-	11.24that the respondent be notified prior to disposal of abandoned firearms. If a respondent
360		-	11.25permanently transfers the respondent's firearms to a law enforcement agency, the agency
361		-	11.26is not required to compensate the respondent and may charge the respondent a reasonable
362		-	11.27processing fee.
363		-	11.28 (b) A person directed to transfer any firearms pursuant to paragraph (a) may transfer
364		-	11.29any antique firearm, as defined in United States Code, title 18, section 921, paragraph (a),
365		-	11.30clause (16), as amended, or a curio or relic as defined in Code of Federal Regulations, title
366		-	11.3127, section 478.11, as amended, to a relative who does not live with the respondent after
367		-	11.32confirming that the relative may lawfully own or possess a firearm.
368		-	11.33 (c) The respondent must file proof of transfer as provided in this paragraph.
	333	+	REVISOR KLL H0015-1HF15 FIRST ENGROSSMENT 11.1request a hearing challenging the issuance of the emergency order, and must be accompanied
	334	+	11.2by a form that can be used by the respondent to request a hearing.
	335	+	11.3 (g) Service of the emergency order may be made by alternate service as provided under
	336	+	11.4section 624.7172, subdivision 1, paragraph (e), provided that the petitioner files the affidavit
	337	+	11.5required under that subdivision. If the petitioner does not request a hearing under section
	338	+	11.6624.7172, the petition mailed to the respondent's residence, if known, must be accompanied
	339	+	11.7by the form for requesting a hearing described in paragraph (f).
	340	+	11.8 Sec. 6. [624.7175] TRANSFER OF FIREARMS.
	341	+	11.9 (a) Except as provided in paragraph (b), upon issuance of an extreme risk protection
	342	+	11.10order, the court shall direct the respondent to transfer any firearms the person possesses as
	343	+	11.11soon as reasonably practicable, but in no case later than 24 hours, to a federally licensed
	344	+	11.12firearms dealer or a law enforcement agency. If the respondent elects to transfer the
	345	+	11.13respondent's firearms to a law enforcement agency, the agency must accept the transfer.
	346	+	11.14The transfer may be permanent or temporary. A temporary firearm transfer only entitles
	347	+	11.15the receiving party to possess the firearm and does not transfer ownership or title. If the
	348	+	11.16respondent makes a temporary transfer, a federally licensed firearms dealer or law
	349	+	11.17enforcement agency may charge the respondent a reasonable fee to store the firearms and
	350	+	11.18may establish policies for disposal of abandoned firearms, provided these policies require
	351	+	11.19that the respondent be notified prior to disposal of abandoned firearms. If a respondent
	352	+	11.20permanently transfers the respondent's firearms to a law enforcement agency, the agency
	353	+	11.21is not required to compensate the respondent and may charge the respondent a reasonable
	354	+	11.22processing fee.
	355	+	11.23 (b) A person directed to transfer any firearms pursuant to paragraph (a) may transfer
	356	+	11.24any antique firearm, as defined in United States Code, title 18, section 921, paragraph (a),
	357	+	11.25clause (16), as amended, or a curio or relic as defined in Code of Federal Regulations, title
	358	+	11.2627, section 478.11, as amended, to a relative who does not live with the respondent after
	359	+	11.27confirming that the relative may lawfully own or possess a firearm.
	360	+	11.28 (c) The respondent must file proof of transfer as provided in this paragraph.
	361	+	11.29 (1) A law enforcement agency or federally licensed firearms dealer accepting transfer
	362	+	11.30of a firearm pursuant to this section shall provide proof of transfer to the respondent. The
	363	+	11.31proof of transfer must specify whether the firearms were permanently or temporarily
	364	+	11.32transferred and must include the name of the respondent, date of transfer, and the serial
	365	+	11.33number, manufacturer, and model of all transferred firearms. If transfer is made to a federally
	366	+	11.34licensed firearms dealer, the respondent shall, within two business days after being served
369	367		11Sec. 6.
370		-	REVISOR KLL H0015-2HF15 ~~SECOND~~ ENGROSSMENT 12.~~1 (1)~~ A law enforcement agency ~~or federally licensed firearms dealer accepting transfer~~
371		-	12.~~2of a firearm pursuant to this section shall provide proof~~ of ~~transfer to~~ the ~~respondent. The~~
372		-	12.~~3proof of transfer must specify whether~~ the firearms ~~were permanently or temporarily~~
373		-	12.~~4transferred and must include the name of~~ the respondent~~, date of transfer,~~ ~~and the serial~~
374		-	12.~~5number~~, ~~manufacturer, and model~~ of ~~all transferred firearms. If transfer is made to a federally~~
375		-	12.~~6licensed~~ firearms ~~dealer,~~ the respondent ~~shall, within two business days after being served~~
376		-	12.~~7with~~ the ~~order, file~~ a ~~copy of proof of transfer with the law enforcement agency and attest~~
377		-	12.~~8that all firearms owned or possessed at~~ the ~~time of the order have been transferred in~~
378		-	12.~~9accordance with this section and~~ that the ~~person currently does not possess any~~ firearms~~. If~~
379		-	12.~~10the respondent claims not~~ to ~~own~~ or ~~possess firearms,~~ the respondent ~~shall file a declaration~~
380		-	12.~~11of nonpossession with~~ the ~~law enforcement agency attesting that,~~ ~~at the time of the order,~~
381		-	12.~~12the respondent neither owned nor possessed any firearms~~, and ~~that the respondent currently~~
382		-	12.~~13neither owns nor possesses any~~ firearms~~. If~~ the ~~transfer is made~~ to a relative ~~pursuant to~~
383		-	12.~~14paragraph~~ (b), the ~~relative must sign an affidavit under oath before a notary public either~~
384		-	12.~~15acknowledging that the respondent permanently transferred the respondent's antique firearms,~~
385		-	12.~~16curios~~, or ~~relics to the relative or agreeing to temporarily store the respondent's antique~~
386		-	12.~~17firearms~~, ~~curios~~, ~~or relics until such time as the respondent is legally permitted to possess~~
387		-	12.~~18firearms.~~ To the ~~extent possible~~, the ~~affidavit~~ shall ~~indicate the serial number, make, and~~
388		-	12.~~19model~~ of all ~~antique firearms, curios, or relics transferred by~~ the ~~respondent to the relative.~~
389		-	12.~~20 (2)~~ The ~~court shall seal affidavits~~, ~~proofs of transfer, and declarations of nonpossession~~
390		-	12.~~21filed pursuant~~ to ~~this paragraph.~~
391		-	12.~~22 (d) If a court issues an emergency order under section 624.7174, or makes a finding~~ of
392		-	12.~~23immediate and present danger under section 624.7172, subdivision 2,~~ ~~paragraph (f), and~~
393		-	12.~~24there is probable cause to believe~~ the respondent ~~possesses~~ firearms, the ~~court shall issue a~~
394		-	12.~~25search~~ warrant to the local law enforcement agency ~~to take possession of all firearms in the~~
395		-	12.~~26respondent's possession as soon as practicable.~~ The ~~chief law enforcement officer~~, or the
396		-	12.~~27chief's designee~~, ~~shall notify~~ the ~~respondent of the option to voluntarily comply with the~~
397		-	12.~~28order by surrendering~~ the ~~respondent's~~ firearms ~~to law enforcement prior~~ to ~~execution~~ of
398		-	12.~~29the search warrant. Only if the respondent refuses to voluntarily comply~~ with the ~~order to~~
399		-	12.~~30surrender~~ the ~~respondent's firearms~~ shall ~~the officer or officers tasked with serving~~ the ~~search~~
400		-	12.~~31warrant execute~~ the ~~warrant~~. ~~The local law enforcement agency shall,~~ ~~upon written notice~~
401		-	12.~~32from the respondent, transfer the firearms~~ to a ~~federally licensed firearms dealer.~~ ~~Before a~~
402		-	12.~~33local~~ law enforcement agency ~~transfers a firearm under this paragraph, the agency shall~~
403		-	12.~~34require~~ the ~~federally licensed firearms dealer receiving~~ the ~~firearm to submit~~ a ~~proof of~~
404		-	12.~~35transfer that complies with~~ the ~~requirements~~ for ~~proofs of transfer established in paragraph~~
	368	+	REVISOR KLL H0015-1HF15 FIRST ENGROSSMENT 12.1with the order, file a copy of proof of transfer with the law enforcement agency and attest
	369	+	12.2that all firearms owned or possessed at the time of the order have been transferred in
	370	+	12.3accordance with this section and that the person currently does not possess any firearms. If
	371	+	12.4the respondent claims not to own or possess firearms, the respondent shall file a declaration
	372	+	12.5of nonpossession with the law enforcement agency attesting that, at the time of the order,
	373	+	12.6the respondent neither owned nor possessed any firearms, and that the respondent currently
	374	+	12.7neither owns nor possesses any firearms. If the transfer is made to a relative pursuant to
	375	+	12.8paragraph (b), the relative must sign an affidavit under oath before a notary public either
	376	+	12.9acknowledging that the respondent permanently transferred the respondent's antique firearms,
	377	+	12.10curios, or relics to the relative or agreeing to temporarily store the respondent's antique
	378	+	12.11firearms, curios, or relics until such time as the respondent is legally permitted to possess
	379	+	12.12firearms. To the extent possible, the affidavit shall indicate the serial number, make, and
	380	+	12.13model of all antique firearms, curios, or relics transferred by the respondent to the relative.
	381	+	12.14 (2) The court shall seal affidavits, proofs of transfer, and declarations of nonpossession
	382	+	12.15filed pursuant to this paragraph.
	383	+	12.16 (d) If a court issues an emergency order under section 624.7174, or makes a finding of
	384	+	12.17immediate and present danger under section 624.7172, subdivision 2, paragraph (f), and
	385	+	12.18there is probable cause to believe the respondent possesses firearms, the court shall issue a
	386	+	12.19search warrant to the local law enforcement agency to take possession of all firearms in the
	387	+	12.20respondent's possession as soon as practicable. The chief law enforcement officer, or the
	388	+	12.21chief's designee, shall notify the respondent of the option to voluntarily comply with the
	389	+	12.22order by surrendering the respondent's firearms to law enforcement prior to execution of
	390	+	12.23the search warrant. Only if the respondent refuses to voluntarily comply with the order to
	391	+	12.24surrender the respondent's firearms shall the officer or officers tasked with serving the search
	392	+	12.25warrant execute the warrant. The local law enforcement agency shall, upon written notice
	393	+	12.26from the respondent, transfer the firearms to a federally licensed firearms dealer. Before a
	394	+	12.27local law enforcement agency transfers a firearm under this paragraph, the agency shall
	395	+	12.28require the federally licensed firearms dealer receiving the firearm to submit a proof of
	396	+	12.29transfer that complies with the requirements for proofs of transfer established in paragraph
	397	+	12.30(c). The agency shall file all proofs of transfer received by the court within two business
	398	+	12.31days of the transfer. A federally licensed firearms dealer who accepts a firearm transfer
	399	+	12.32pursuant to this paragraph shall comply with paragraphs (a) and (c) as if accepting transfer
	400	+	12.33directly from the respondent. If the law enforcement agency does not receive written notice
	401	+	12.34from the respondent within three business days, the agency may charge a reasonable fee to
	402	+	12.35store the respondent's firearms. A law enforcement agency may establish policies for disposal
405	403		12Sec. 6.
406		-	REVISOR KLL H0015-2HF15 SECOND ENGROSSMENT 13.1(c). The agency shall file all proofs of transfer received by the court within two business
407		-	13.2days of the transfer. A federally licensed firearms dealer who accepts a firearm transfer
408		-	13.3pursuant to this paragraph shall comply with paragraphs (a) and (c) as if accepting transfer
409		-	13.4directly from the respondent. If the law enforcement agency does not receive written notice
410		-	13.5from the respondent within three business days, the agency may charge a reasonable fee to
411		-	13.6store the respondent's firearms. A law enforcement agency may establish policies for disposal
412		-	13.7of abandoned firearms, provided these policies require that the respondent be notified prior
413		-	13.8to disposal of abandoned firearms.
414		-	13.9 Sec. 7. [624.7176] RETURN OF FIREARMS.
415		-	13.10 Subdivision 1.Law enforcement.A local law enforcement agency that accepted
416		-	13.11temporary transfer of firearms under section 624.7175 shall return the firearms to the
417		-	13.12respondent after the expiration of the order, provided the respondent is not otherwise
418		-	13.13prohibited from possessing firearms under state or federal law.
419		-	13.14 Subd. 2.Firearms dealer.A federally licensed firearms dealer that accepted temporary
420		-	13.15transfer of firearms under section 624.7175 shall return the transferred firearms to the
421		-	13.16respondent upon request after the expiration of the order, provided the respondent is not
422		-	13.17otherwise prohibited from possessing firearms under state or federal law. A federally licensed
423		-	13.18firearms dealer returning firearms shall comply with state and federal law as though
424		-	13.19transferring a firearm from the dealer's own inventory.
425		-	13.20Sec. 8. [624.7177] OFFENSES.
426		-	13.21 Subdivision 1.False information or harassment.A person who petitions for an extreme
427		-	13.22risk protection order under section 624.7172 or 624.7174, knowing any information in the
428		-	13.23petition to be materially false or with the intent to harass, abuse, or threaten, is guilty of a
429		-	13.24misdemeanor.
430		-	13.25 Subd. 2.Violation of order.A person who possesses a firearm and knows or should
431		-	13.26have known that the person is prohibited from doing so by an extreme risk protection order
432		-	13.27under section 624.7172 or 624.7174, or by an order of protection granted by a judge or
433		-	13.28referee pursuant to a substantially similar law of another state, is guilty of a misdemeanor
434		-	13.29and shall be prohibited from possessing firearms for a period of five years. Each extreme
435		-	13.30risk protection order granted under this chapter must contain a conspicuous notice to the
436		-	13.31respondent regarding the penalty for violation of the order.
437		-	13Sec. 8.
438		-	REVISOR KLL H0015-2HF15 SECOND ENGROSSMENT 14.1 Sec. 9. [624.7178] LIABILITY PROTECTION.
439		-	14.2 Subdivision 1.Liability protection for petition.A chief law enforcement officer, the
440		-	14.3chief law enforcement officer's designee, a mental health professional, or a city or county
441		-	14.4attorney who, in good faith, decides not to petition for an extreme risk protection order or
442		-	14.5emergency extreme risk protection order shall be immune from criminal or civil liability.
443		-	14.6 Subd. 2.Liability protection for storage of firearms.A law enforcement agency shall
444		-	14.7be immune from civil or criminal liability for any damage or deterioration of firearms,
445		-	14.8ammunition, or weapons stored or transported pursuant to section 624.7175. This subdivision
446		-	14.9shall not apply if the damage or deterioration occurred as a result of recklessness, gross
447		-	14.10negligence, or intentional misconduct by the law enforcement agency.
448		-	14.11 Subd. 3.Liability protection for harm following service of an order or execution of
449		-	14.12a search warrant.A peace officer, law enforcement agency, and the state or a political
450		-	14.13subdivision by which a peace officer is employed has immunity from any liability, civil or
451		-	14.14criminal, for harm caused by a person who is the subject of an extreme risk protection order,
452		-	14.15a search warrant issued pursuant to section 624.7175, paragraph (d), or both, after service
453		-	14.16of the order or execution of the warrant, whichever comes first, if the peace officer acts in
454		-	14.17good faith in serving the order or executing the warrant.
455		-	14.18Sec. 10. [626.8481] EXTREME RISK PROTECTION ORDER; DEVELOPMENT
456		-	14.19OF MODEL PROCEDURES.
457		-	14.20 By December 1, 2023, the Peace Officer Standards and Training Board, after consulting
458		-	14.21with the National Alliance on Mental Illness Minnesota, the Minnesota County Attorneys
459		-	14.22Association, the Minnesota Sheriffs' Association, the Minnesota Chiefs of Police Association,
460		-	14.23and the Minnesota Police and Peace Officers Association, shall develop model procedures
461		-	14.24and standards for the storage of firearms transferred to law enforcement under section
462		-	14.25624.7175.
463		-	14.26Sec. 11. EFFECTIVE DATE.
464		-	14.27 Sections 1 to 9 are effective January 1, 2024, and apply to firearm permit background
465		-	14.28checks made on or after that date.
	404	+	REVISOR KLL H0015-1HF15 FIRST ENGROSSMENT 13.1of abandoned firearms, provided these policies require that the respondent be notified prior
	405	+	13.2to disposal of abandoned firearms.
	406	+	13.3 Sec. 7. [624.7176] RETURN OF FIREARMS.
	407	+	13.4 Subdivision 1.Law enforcement.A local law enforcement agency that accepted
	408	+	13.5temporary transfer of firearms under section 624.7175 shall return the firearms to the
	409	+	13.6respondent after the expiration of the order, provided the respondent is not otherwise
	410	+	13.7prohibited from possessing firearms under state or federal law.
	411	+	13.8 Subd. 2.Firearms dealer.A federally licensed firearms dealer that accepted temporary
	412	+	13.9transfer of firearms under section 624.7175 shall return the transferred firearms to the
	413	+	13.10respondent upon request after the expiration of the order, provided the respondent is not
	414	+	13.11otherwise prohibited from possessing firearms under state or federal law. A federally licensed
	415	+	13.12firearms dealer returning firearms shall comply with state and federal law as though
	416	+	13.13transferring a firearm from the dealer's own inventory.
	417	+	13.14Sec. 8. [624.7177] OFFENSES.
	418	+	13.15 Subdivision 1.False information or harassment.A person who petitions for an extreme
	419	+	13.16risk protection order under section 624.7172 or 624.7174, knowing any information in the
	420	+	13.17petition to be materially false or with the intent to harass, abuse, or threaten, is guilty of a
	421	+	13.18misdemeanor.
	422	+	13.19 Subd. 2.Violation of order.A person who possesses a firearm and knows or should
	423	+	13.20have known that the person is prohibited from doing so by an extreme risk protection order
	424	+	13.21under section 624.7172 or 624.7174, or by an order of protection granted by a judge or
	425	+	13.22referee pursuant to a substantially similar law of another state, is guilty of a misdemeanor
	426	+	13.23and shall be prohibited from possessing firearms for a period of five years. Each extreme
	427	+	13.24risk protection order granted under this chapter must contain a conspicuous notice to the
	428	+	13.25respondent regarding the penalty for violation of the order.
	429	+	13.26Sec. 9. [624.7178] LIABILITY PROTECTION.
	430	+	13.27 Subdivision 1.Liability protection for petition.A chief law enforcement officer, the
	431	+	13.28chief law enforcement officer's designee, or a city or county attorney, who, in good faith,
	432	+	13.29decides not to petition for an extreme risk protection order or emergency extreme risk
	433	+	13.30protection order shall be immune from criminal or civil liability.
	434	+	13.31 Subd. 2.Liability protection for storage of firearms.A law enforcement agency shall
	435	+	13.32be immune from civil or criminal liability for any damage or deterioration of firearms,
	436	+	13Sec. 9.
	437	+	REVISOR KLL H0015-1HF15 FIRST ENGROSSMENT 14.1ammunition, or weapons stored or transported pursuant to section 624.7175. This subdivision
	438	+	14.2shall not apply if the damage or deterioration occurred as a result of recklessness, gross
	439	+	14.3negligence, or intentional misconduct by the law enforcement agency.
	440	+	14.4 Subd. 3.Liability protection for harm following service of an order or execution of
	441	+	14.5a search warrant.A peace officer, law enforcement agency, and the state or a political
	442	+	14.6subdivision by which a peace officer is employed has immunity from any liability, civil or
	443	+	14.7criminal, for harm caused by a person who is the subject of an extreme risk protection order,
	444	+	14.8a search warrant issued pursuant to section 624.7175, paragraph (d), or both, after service
	445	+	14.9of the order or execution of the warrant, whichever comes first, if the peace officer acts in
	446	+	14.10good faith in serving the order or executing the warrant.
	447	+	14.11Sec. 10. [626.8481] EXTREME RISK PROTECTION ORDER; DEVELOPMENT
	448	+	14.12OF MODEL PROCEDURES.
	449	+	14.13 By December 1, 2023, the Peace Officer Standards and Training Board, after consulting
	450	+	14.14with the Minnesota County Attorneys Association, the Minnesota Sheriffs' Association, the
	451	+	14.15Minnesota Chiefs of Police Association, and the Minnesota Police and Peace Officers
	452	+	14.16Association, shall develop model procedures and standards for the storage of firearms
	453	+	14.17transferred to law enforcement under section 624.7175.
	454	+	14.18Sec. 11. EFFECTIVE DATE.
	455	+	14.19 Sections 1 to 9 are effective January 1, 2024, and apply to firearm permit background
	456	+	14.20checks made on or after that date.
466	457		14Sec. 11.
467		-	REVISOR KLL H0015-2HF15 ~~SECOND~~ ENGROSSMENT
	458	+	REVISOR KLL H0015-1HF15 FIRST ENGROSSMENT