| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to public safety; providing for enforcement of judicially ordered firearms |
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| 3 | 3 | | 1.3 restrictions for abusing parties; amending Minnesota Statutes 2022, sections |
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| 4 | 4 | | 1.4 260C.201, subdivision 3; 518B.01, subdivision 6; 609.2242, subdivision 3; 609.749, |
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| 5 | 5 | | 1.5 subdivision 8. |
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| 6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 7 | 7 | | 1.7 Section 1. Minnesota Statutes 2022, section 260C.201, subdivision 3, is amended to read: |
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| 8 | 8 | | 1.8 Subd. 3.Domestic child abuse.(a) If the court finds that the child is a victim of domestic |
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| 9 | 9 | | 1.9child abuse, as defined in section 260C.007, subdivision 13, it may order any of the following |
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| 10 | 10 | | 1.10dispositions of the case in addition to or as alternatives to the dispositions authorized under |
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| 11 | 11 | | 1.11subdivision 1: |
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| 12 | 12 | | 1.12 (1) restrain any party from committing acts of domestic child abuse; |
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| 13 | 13 | | 1.13 (2) exclude the abusing party from the dwelling which the family or household members |
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| 14 | 14 | | 1.14share or from the residence of the child; |
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| 15 | 15 | | 1.15 (3) on the same basis as is provided in chapter 518, establish temporary visitation with |
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| 16 | 16 | | 1.16regard to minor children of the adult family or household members; |
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| 17 | 17 | | 1.17 (4) on the same basis as is provided in chapter 518 or 518A, establish temporary support |
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| 18 | 18 | | 1.18or maintenance for a period of 30 days for minor children or a spouse; |
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| 19 | 19 | | 1.19 (5) provide counseling or other social services for the family or household members; or |
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| 20 | 20 | | 1.20 (6) order the abusing party to participate in treatment or counseling services. |
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| 21 | 21 | | 1.21 Any relief granted by the order for protection shall be for a fixed period not to exceed |
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| 22 | 22 | | 1.22one year. |
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| 23 | 23 | | 1Section 1. |
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| 24 | 24 | | REVISOR KLL/LN 23-0075712/05/22 |
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| 25 | 25 | | State of Minnesota |
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| 26 | 26 | | This Document can be made available |
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| 27 | 27 | | in alternative formats upon request |
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| 28 | 28 | | HOUSE OF REPRESENTATIVES |
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| 29 | 29 | | H. F. No. 699 |
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| 30 | 30 | | NINETY-THIRD SESSION 2.1 (b) No order excluding the abusing party from the dwelling may be issued unless the |
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| 31 | 31 | | 2.2court finds that: |
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| 32 | 32 | | 2.3 (1) the order is in the best interests of the child or children remaining in the dwelling; |
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| 33 | 33 | | 2.4 (2) a remaining adult family or household member is able to care adequately for the |
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| 34 | 34 | | 2.5child or children in the absence of the excluded party; and |
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| 35 | 35 | | 2.6 (3) the local welfare agency has developed a plan to provide appropriate social services |
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| 36 | 36 | | 2.7to the remaining family or household members. |
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| 37 | 37 | | 2.8 (c) Upon a finding that the remaining parent is able to care adequately for the child and |
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| 38 | 38 | | 2.9enforce an order excluding the abusing party from the home and that the provision of |
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| 39 | 39 | | 2.10supportive services by the responsible social services agency is no longer necessary, the |
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| 40 | 40 | | 2.11responsible social services agency may be dismissed as a party to the proceedings. Orders |
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| 41 | 41 | | 2.12entered regarding the abusing party remain in full force and effect and may be renewed by |
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| 42 | 42 | | 2.13the remaining parent as necessary for the continued protection of the child for specified |
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| 43 | 43 | | 2.14periods of time, not to exceed one year. |
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| 44 | 44 | | 2.15 (d) An order granting relief that was issued after a hearing of which the abusing party |
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| 45 | 45 | | 2.16received actual notice and at which the abusing party had the opportunity to participate, |
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| 46 | 46 | | 2.17shall prohibit the abusing party from possessing firearms for the length the order is in effect |
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| 47 | 47 | | 2.18if the order (1) restrains the abusing party from harassing, stalking, or threatening the child |
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| 48 | 48 | | 2.19or restrains the abusing party from engaging in other conduct that would place the child in |
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| 49 | 49 | | 2.20reasonable fear of bodily injury, and (2) includes a finding that the abusing party represents |
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| 50 | 50 | | 2.21a credible threat to the physical safety of the child or prohibits the abusing party from using, |
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| 51 | 51 | | 2.22attempting to use, or threatening to use physical force against the child. The order shall |
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| 52 | 52 | | 2.23inform the abusing party of that party's prohibited status. Except as provided in paragraph |
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| 53 | 53 | | 2.24(f), the court shall order the abusing party to transfer any firearms that the person possesses, |
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| 54 | 54 | | 2.25within three business days, to a federally licensed firearms dealer, a law enforcement agency, |
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| 55 | 55 | | 2.26or a third party who may lawfully receive them. The transfer may be permanent or temporary. |
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| 56 | 56 | | 2.27A temporary firearm transfer only entitles the receiving party to possess the firearm. A |
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| 57 | 57 | | 2.28temporary transfer does not transfer ownership or title. An abusing party may not transfer |
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| 58 | 58 | | 2.29firearms to a third party who resides with the abusing party. If an abusing party makes a |
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| 59 | 59 | | 2.30temporary transfer, a federally licensed firearms dealer or law enforcement agency may |
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| 60 | 60 | | 2.31charge the abusing party a reasonable fee to store the person's firearms and may establish |
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| 61 | 61 | | 2.32policies for disposal of abandoned firearms, provided such policies require that the person |
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| 62 | 62 | | 2.33be notified via certified mail prior to disposal of abandoned firearms. For temporary firearms |
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| 63 | 63 | | 2.34transfers under this paragraph, a law enforcement agency, federally licensed firearms dealer, |
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| 64 | 64 | | 2Section 1. |
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| 65 | 65 | | REVISOR KLL/LN 23-0075712/05/22 3.1or third party shall exercise due care to preserve the quality and function of the transferred |
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| 66 | 66 | | 3.2firearms and shall return the transferred firearms to the person upon request after the |
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| 67 | 67 | | 3.3expiration of the prohibiting time period, provided the person is not otherwise prohibited |
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| 68 | 68 | | 3.4from possessing firearms under state or federal law. The return of temporarily transferred |
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| 69 | 69 | | 3.5firearms to an abusing party shall comply with state and federal law. If an abusing party |
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| 70 | 70 | | 3.6permanently transfers the abusing party's firearms to a law enforcement agency, the agency |
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| 71 | 71 | | 3.7is not required to compensate the abusing party and may charge the abusing party a |
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| 72 | 72 | | 3.8reasonable processing fee. A law enforcement agency is not required to accept an abusing |
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| 73 | 73 | | 3.9party's firearm under this paragraph. |
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| 74 | 74 | | 3.10 (e) An abusing party who is ordered to transfer firearms under paragraph (d) must file |
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| 75 | 75 | | 3.11proof of transfer as provided for in this paragraph. If the transfer is made to a third party, |
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| 76 | 76 | | 3.12the third party must sign an affidavit under oath before a notary public either acknowledging |
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| 77 | 77 | | 3.13that the abusing party permanently transferred the abusing party's firearms to the third party |
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| 78 | 78 | | 3.14or agreeing to temporarily store the abusing party's firearms until such time as the abusing |
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| 79 | 79 | | 3.15party is legally permitted to possess firearms. The affidavit shall indicate the serial number, |
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| 80 | 80 | | 3.16make, and model of all firearms transferred by the abusing party to the third party. The third |
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| 81 | 81 | | 3.17party shall acknowledge in the affidavit that the third party may be held criminally and |
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| 82 | 82 | | 3.18civilly responsible under section 624.7144 if the abusing party gains access to a transferred |
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| 83 | 83 | | 3.19firearm while the firearm is in the custody of the third party. If the transfer is to a law |
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| 84 | 84 | | 3.20enforcement agency or federally licensed firearms dealer, the law enforcement agency or |
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| 85 | 85 | | 3.21federally licensed firearms dealer shall provide proof of transfer to the abusing party. The |
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| 86 | 86 | | 3.22proof of transfer must specify whether the firearms were permanently or temporarily |
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| 87 | 87 | | 3.23transferred and include the name of the abusing party, date of transfer, and the serial number, |
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| 88 | 88 | | 3.24make, and model of all transferred firearms. The abusing party shall provide the court with |
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| 89 | 89 | | 3.25a signed and notarized affidavit or proof of transfer as described in this section within two |
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| 90 | 90 | | 3.26business days of the firearms transfer. The court shall seal affidavits and proofs of transfer |
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| 91 | 91 | | 3.27filed pursuant to this paragraph. |
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| 92 | 92 | | 3.28 (f) When a court issues an order containing a firearms restriction provided for in |
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| 93 | 93 | | 3.29paragraph (d), the court shall determine by a preponderance of evidence if an abusing party |
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| 94 | 94 | | 3.30poses an imminent risk of causing another person substantial bodily harm. Upon a finding |
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| 95 | 95 | | 3.31of imminent risk, the court shall order that the local law enforcement agency take immediate |
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| 96 | 96 | | 3.32possession of all firearms in the abusing party's possession. The local law enforcement |
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| 97 | 97 | | 3.33agency shall exercise due care to preserve the quality and function of the abusing party's |
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| 98 | 98 | | 3.34firearms and shall return the firearms to the person upon request after the expiration of the |
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| 99 | 99 | | 3.35prohibiting time period, provided the person is not otherwise prohibited from possessing |
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| 100 | 100 | | 3Section 1. |
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| 101 | 101 | | REVISOR KLL/LN 23-0075712/05/22 4.1firearms under state or federal law. The local law enforcement agency shall, upon written |
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| 102 | 102 | | 4.2notice from the abusing party, transfer the firearms to a federally licensed firearms dealer |
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| 103 | 103 | | 4.3or a third party who may lawfully receive them. Before a local law enforcement agency |
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| 104 | 104 | | 4.4transfers a firearm under this paragraph, the agency shall require the third party or federally |
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| 105 | 105 | | 4.5licensed firearms dealer receiving the firearm to submit an affidavit or proof of transfer that |
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| 106 | 106 | | 4.6complies with the requirements for affidavits or proofs of transfer established in paragraph |
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| 107 | 107 | | 4.7(e). The agency shall file all affidavits or proofs of transfer received with the court within |
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| 108 | 108 | | 4.8two business days of the transfer. The court shall seal all affidavits or proofs of transfer |
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| 109 | 109 | | 4.9filed pursuant to this paragraph. A federally licensed firearms dealer or third party who |
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| 110 | 110 | | 4.10accepts a firearm transfer pursuant to this paragraph shall comply with paragraphs (d) and |
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| 111 | 111 | | 4.11(e) as if accepting transfer from the abusing party. If the law enforcement agency does not |
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| 112 | 112 | | 4.12receive written notice from the abusing party within three business days, the agency may |
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| 113 | 113 | | 4.13charge a reasonable fee to store the abusing party's firearms. A law enforcement agency |
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| 114 | 114 | | 4.14may establish policies for disposal of abandoned firearms, provided such policies require |
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| 115 | 115 | | 4.15that the abusing party be notified via certified mail prior to disposal of abandoned firearms. |
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| 116 | 116 | | 4.16 (g) The court shall ensure that all firearms have been transferred and all proofs of transfer |
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| 117 | 117 | | 4.17submitted as required by paragraphs (d), (e), and (f), by scheduling and holding a compliance |
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| 118 | 118 | | 4.18hearing within ten business days of issuing an order containing a firearms restriction. If, at |
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| 119 | 119 | | 4.19the hearing, the court finds that the abusing party is not in compliance, the court shall take |
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| 120 | 120 | | 4.20appropriate action under the circumstances, including but not limited to a contempt |
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| 121 | 121 | | 4.21proceeding under section 588.01, subdivision 3. |
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| 122 | 122 | | 4.22 Sec. 2. Minnesota Statutes 2022, section 518B.01, subdivision 6, is amended to read: |
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| 123 | 123 | | 4.23 Subd. 6.Relief by court.(a) Upon notice and hearing, the court may provide relief as |
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| 124 | 124 | | 4.24follows: |
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| 125 | 125 | | 4.25 (1) restrain the abusing party from committing acts of domestic abuse; |
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| 126 | 126 | | 4.26 (2) exclude the abusing party from the dwelling which the parties share or from the |
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| 127 | 127 | | 4.27residence of the petitioner; |
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| 128 | 128 | | 4.28 (3) exclude the abusing party from a reasonable area surrounding the dwelling or |
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| 129 | 129 | | 4.29residence, which area shall be described specifically in the order; |
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| 130 | 130 | | 4.30 (4) award temporary custody or establish temporary parenting time with regard to minor |
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| 131 | 131 | | 4.31children of the parties on a basis which gives primary consideration to the safety of the |
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| 132 | 132 | | 4.32victim and the children. In addition to the primary safety considerations, the court may |
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| 133 | 133 | | 4.33consider particular best interest factors that are found to be relevant to the temporary custody |
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| 134 | 134 | | 4Sec. 2. |
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| 135 | 135 | | REVISOR KLL/LN 23-0075712/05/22 5.1and parenting time award. Findings under section 257.025, 518.17, or 518.175 are not |
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| 136 | 136 | | 5.2required with respect to the particular best interest factors not considered by the court. If |
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| 137 | 137 | | 5.3the court finds that the safety of the victim or the children will be jeopardized by unsupervised |
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| 138 | 138 | | 5.4or unrestricted parenting time, the court shall condition or restrict parenting time as to time, |
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| 139 | 139 | | 5.5place, duration, or supervision, or deny parenting time entirely, as needed to guard the safety |
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| 140 | 140 | | 5.6of the victim and the children. The court's decision on custody and parenting time shall in |
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| 141 | 141 | | 5.7no way delay the issuance of an order for protection granting other relief provided for in |
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| 142 | 142 | | 5.8this section. The court must not enter a parenting plan under section 518.1705 as part of an |
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| 143 | 143 | | 5.9action for an order for protection; |
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| 144 | 144 | | 5.10 (5) on the same basis as is provided in chapter 518 or 518A, establish temporary support |
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| 145 | 145 | | 5.11for minor children or a spouse, and order the withholding of support from the income of |
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| 146 | 146 | | 5.12the person obligated to pay the support according to chapter 518A; |
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| 147 | 147 | | 5.13 (6) provide upon request of the petitioner counseling or other social services for the |
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| 148 | 148 | | 5.14parties, if married, or if there are minor children; |
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| 149 | 149 | | 5.15 (7) order the abusing party to participate in treatment or counseling services, including |
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| 150 | 150 | | 5.16requiring the abusing party to successfully complete a domestic abuse counseling program |
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| 151 | 151 | | 5.17or educational program under section 518B.02; |
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| 152 | 152 | | 5.18 (8) award temporary use and possession of property and restrain one or both parties from |
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| 153 | 153 | | 5.19transferring, encumbering, concealing, or disposing of property except in the usual course |
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| 154 | 154 | | 5.20of business or for the necessities of life, and to account to the court for all such transfers, |
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| 155 | 155 | | 5.21encumbrances, dispositions, and expenditures made after the order is served or communicated |
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| 156 | 156 | | 5.22to the party restrained in open court; |
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| 157 | 157 | | 5.23 (9) exclude the abusing party from the place of employment of the petitioner, or otherwise |
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| 158 | 158 | | 5.24limit access to the petitioner by the abusing party at the petitioner's place of employment; |
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| 159 | 159 | | 5.25 (10) order the abusing party to have no contact with the petitioner whether in person, |
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| 160 | 160 | | 5.26by telephone, mail, or electronic mail or messaging, through a third party, or by any other |
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| 161 | 161 | | 5.27means; |
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| 162 | 162 | | 5.28 (11) order the abusing party to pay restitution to the petitioner; |
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| 163 | 163 | | 5.29 (12) order the continuance of all currently available insurance coverage without change |
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| 164 | 164 | | 5.30in coverage or beneficiary designation; |
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| 165 | 165 | | 5.31 (13) order, in its discretion, other relief as it deems necessary for the protection of a |
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| 166 | 166 | | 5.32family or household member, including orders or directives to the sheriff or other law |
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| 167 | 167 | | 5.33enforcement or corrections officer as provided by this section; |
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| 168 | 168 | | 5Sec. 2. |
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| 169 | 169 | | REVISOR KLL/LN 23-0075712/05/22 6.1 (14) direct the care, possession, or control of a pet or companion animal owned, |
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| 170 | 170 | | 6.2possessed, or kept by the petitioner or respondent or a child of the petitioner or respondent; |
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| 171 | 171 | | 6.3and |
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| 172 | 172 | | 6.4 (15) direct the respondent to refrain from physically abusing or injuring any pet or |
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| 173 | 173 | | 6.5companion animal, without legal justification, known to be owned, possessed, kept, or held |
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| 174 | 174 | | 6.6by either party or a minor child residing in the residence or household of either party as an |
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| 175 | 175 | | 6.7indirect means of intentionally threatening the safety of such person. |
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| 176 | 176 | | 6.8 (b) Any relief granted by the order for protection shall be for a period not to exceed two |
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| 177 | 177 | | 6.9years, except when the court determines a longer period is appropriate. When a referee |
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| 178 | 178 | | 6.10presides at the hearing on the petition, the order granting relief becomes effective upon the |
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| 179 | 179 | | 6.11referee's signature. |
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| 180 | 180 | | 6.12 (c) An order granting the relief authorized in paragraph (a), clause (1), may not be vacated |
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| 181 | 181 | | 6.13or modified in a proceeding for dissolution of marriage or legal separation, except that the |
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| 182 | 182 | | 6.14court may hear a motion for modification of an order for protection concurrently with a |
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| 183 | 183 | | 6.15proceeding for dissolution of marriage upon notice of motion and motion. The notice required |
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| 184 | 184 | | 6.16by court rule shall not be waived. If the proceedings are consolidated and the motion to |
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| 185 | 185 | | 6.17modify is granted, a separate order for modification of an order for protection shall be issued. |
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| 186 | 186 | | 6.18 (d) An order granting the relief authorized in paragraph (a), clause (2) or (3), is not |
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| 187 | 187 | | 6.19voided by the admittance of the abusing party into the dwelling from which the abusing |
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| 188 | 188 | | 6.20party is excluded. |
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| 189 | 189 | | 6.21 (e) If a proceeding for dissolution of marriage or legal separation is pending between |
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| 190 | 190 | | 6.22the parties, the court shall provide a copy of the order for protection to the court with |
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| 191 | 191 | | 6.23jurisdiction over the dissolution or separation proceeding for inclusion in its file. |
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| 192 | 192 | | 6.24 (f) An order for restitution issued under this subdivision is enforceable as civil judgment. |
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| 193 | 193 | | 6.25 (g) An order granting relief shall prohibit the abusing party from possessing firearms |
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| 194 | 194 | | 6.26for the length the order is in effect if the order (1) restrains the abusing party from harassing, |
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| 195 | 195 | | 6.27stalking, or threatening the petitioner or restrains the abusing party from engaging in other |
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| 196 | 196 | | 6.28conduct that would place the petitioner in reasonable fear of bodily injury, and (2) includes |
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| 197 | 197 | | 6.29a finding that the abusing party represents a credible threat to the physical safety of the |
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| 198 | 198 | | 6.30petitioner or prohibits the abusing party from using, attempting to use, or threatening to use |
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| 199 | 199 | | 6.31physical force against the petitioner. The order shall inform the abusing party of that party's |
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| 200 | 200 | | 6.32prohibited status. Except as provided in paragraph (i), the court shall order the abusing party |
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| 201 | 201 | | 6.33to transfer any firearms that the person possesses, within three business days, to a federally |
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| 202 | 202 | | 6.34licensed firearms dealer, a law enforcement agency, or a third party who may lawfully |
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| 203 | 203 | | 6Sec. 2. |
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| 204 | 204 | | REVISOR KLL/LN 23-0075712/05/22 7.1receive them. The transfer may be permanent or temporary. A temporary firearm transfer |
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| 205 | 205 | | 7.2only entitles the receiving party to possess the firearm. A temporary transfer does not transfer |
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| 206 | 206 | | 7.3ownership or title. An abusing party may not transfer firearms to a third party who resides |
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| 207 | 207 | | 7.4with the abusing party. If an abusing party makes a temporary transfer, a federally licensed |
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| 208 | 208 | | 7.5firearms dealer or law enforcement agency may charge the abusing party a reasonable fee |
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| 209 | 209 | | 7.6to store the person's firearms and may establish policies for disposal of abandoned firearms, |
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| 210 | 210 | | 7.7provided such policies require that the person be notified via certified mail prior to disposal |
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| 211 | 211 | | 7.8of abandoned firearms. For temporary firearms transfers under this paragraph, a law |
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| 212 | 212 | | 7.9enforcement agency, federally licensed firearms dealer, or third party shall exercise due |
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| 213 | 213 | | 7.10care to preserve the quality and function of the transferred firearms and shall return the |
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| 214 | 214 | | 7.11transferred firearms to the person upon request after the expiration of the prohibiting time |
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| 215 | 215 | | 7.12period, provided the person is not otherwise prohibited from possessing firearms under state |
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| 216 | 216 | | 7.13or federal law. The return of temporarily transferred firearms to an abusing party shall |
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| 217 | 217 | | 7.14comply with state and federal law. If an abusing party permanently transfers the abusing |
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| 218 | 218 | | 7.15party's firearms to a law enforcement agency, the agency is not required to compensate the |
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| 219 | 219 | | 7.16abusing party and may charge the abusing party a reasonable processing fee. A law |
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| 220 | 220 | | 7.17enforcement agency is not required to accept an abusing party's firearm under this paragraph. |
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| 221 | 221 | | 7.18 (h) An abusing party who is ordered to transfer firearms under paragraph (g) must file |
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| 222 | 222 | | 7.19proof of transfer as provided for in this paragraph. If the transfer is made to a third party, |
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| 223 | 223 | | 7.20the third party must sign an affidavit under oath before a notary public either acknowledging |
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| 224 | 224 | | 7.21that the abusing party permanently transferred the abusing party's firearms to the third party |
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| 225 | 225 | | 7.22or agreeing to temporarily store the abusing party's firearms until such time as the abusing |
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| 226 | 226 | | 7.23party is legally permitted to possess firearms. The affidavit shall indicate the serial number, |
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| 227 | 227 | | 7.24make, and model of all firearms transferred by the abusing party to the third party. The third |
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| 228 | 228 | | 7.25party shall acknowledge in the affidavit that the third party may be held criminally and |
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| 229 | 229 | | 7.26civilly responsible under section 624.7144 if the abusing party gains access to a transferred |
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| 230 | 230 | | 7.27firearm while the firearm is in the custody of the third party. If the transfer is to a law |
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| 231 | 231 | | 7.28enforcement agency or federally licensed firearms dealer, the law enforcement agency or |
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| 232 | 232 | | 7.29federally licensed firearms dealer shall provide proof of transfer to the abusing party. The |
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| 233 | 233 | | 7.30proof of transfer must specify whether the firearms were permanently or temporarily |
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| 234 | 234 | | 7.31transferred and include the name of the abusing party, date of transfer, and the serial number, |
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| 235 | 235 | | 7.32make, and model of all transferred firearms. The abusing party shall provide the court with |
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| 236 | 236 | | 7.33a signed and notarized affidavit or proof of transfer as described in this section within two |
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| 237 | 237 | | 7.34business days of the firearms transfer. The court shall seal affidavits and proofs of transfer |
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| 238 | 238 | | 7.35filed pursuant to this paragraph. |
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| 239 | 239 | | 7Sec. 2. |
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| 240 | 240 | | REVISOR KLL/LN 23-0075712/05/22 8.1 (i) When a court issues an order containing a firearms restriction provided for in paragraph |
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| 241 | 241 | | 8.2(g), the court shall determine by a preponderance of evidence if an abusing party poses an |
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| 242 | 242 | | 8.3imminent risk of causing another person substantial bodily harm. Upon a finding of imminent |
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| 243 | 243 | | 8.4risk, the court shall order that the local law enforcement agency take immediate possession |
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| 244 | 244 | | 8.5of all firearms in the abusing party's possession. The local law enforcement agency shall |
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| 245 | 245 | | 8.6exercise due care to preserve the quality and function of the abusing party's firearms and |
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| 246 | 246 | | 8.7shall return the firearms to the person upon request after the expiration of the prohibiting |
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| 247 | 247 | | 8.8time period, provided the person is not otherwise prohibited from possessing firearms under |
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| 248 | 248 | | 8.9state or federal law. The local law enforcement agency shall, upon written notice from the |
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| 249 | 249 | | 8.10abusing party, transfer the firearms to a federally licensed firearms dealer or a third party |
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| 250 | 250 | | 8.11who may lawfully receive them. Before a local law enforcement agency transfers a firearm |
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| 251 | 251 | | 8.12under this paragraph, the agency shall require the third party or federally licensed firearms |
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| 252 | 252 | | 8.13dealer receiving the firearm to submit an affidavit or proof of transfer that complies with |
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| 253 | 253 | | 8.14the requirements for affidavits or proofs of transfer established in paragraph (h). The agency |
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| 254 | 254 | | 8.15shall file all affidavits or proofs of transfer received with the court within two business days |
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| 255 | 255 | | 8.16of the transfer. The court shall seal all affidavits or proofs of transfer filed pursuant to this |
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| 256 | 256 | | 8.17paragraph. A federally licensed firearms dealer or third party who accepts a firearm transfer |
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| 257 | 257 | | 8.18pursuant to this paragraph shall comply with paragraphs (g) and (h) as if accepting transfer |
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| 258 | 258 | | 8.19from the abusing party. If the law enforcement agency does not receive written notice from |
|---|
| 259 | 259 | | 8.20the abusing party within three business days, the agency may charge a reasonable fee to |
|---|
| 260 | 260 | | 8.21store the abusing party's firearms. A law enforcement agency may establish policies for |
|---|
| 261 | 261 | | 8.22disposal of abandoned firearms, provided such policies require that the abusing party be |
|---|
| 262 | 262 | | 8.23notified via certified mail prior to disposal of abandoned firearms. |
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| 263 | 263 | | 8.24 (j) The court shall ensure that all firearms have been transferred and all proofs of transfer |
|---|
| 264 | 264 | | 8.25submitted as required by paragraphs (g), (h), and (i), by scheduling and holding a compliance |
|---|
| 265 | 265 | | 8.26hearing within ten business days of issuing an order containing a firearms restriction. If, at |
|---|
| 266 | 266 | | 8.27the hearing, the court finds that the abusing party is not in compliance, the court shall take |
|---|
| 267 | 267 | | 8.28appropriate action under the circumstances, including but not limited to a contempt |
|---|
| 268 | 268 | | 8.29proceeding under section 588.01, subdivision 3. |
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| 269 | 269 | | 8.30 Sec. 3. Minnesota Statutes 2022, section 609.2242, subdivision 3, is amended to read: |
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| 270 | 270 | | 8.31 Subd. 3.Domestic assaults; firearms.(a) When a person is convicted of a violation of |
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| 271 | 271 | | 8.32this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247, the court shall |
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| 272 | 272 | | 8.33determine and make written findings on the record as to whether: |
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| 273 | 273 | | 8Sec. 3. |
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| 274 | 274 | | REVISOR KLL/LN 23-0075712/05/22 9.1 (1) the assault was committed against a family or household member, as defined in |
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| 275 | 275 | | 9.2section 518B.01, subdivision 2; |
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| 276 | 276 | | 9.3 (2) the defendant owns or possesses a firearm; and |
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| 277 | 277 | | 9.4 (3) the firearm was used in any way during the commission of the assault. |
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| 278 | 278 | | 9.5 (b) If the court determines that the assault was of a family or household member, and |
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| 279 | 279 | | 9.6that the offender owns or possesses a firearm and used it in any way during the commission |
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| 280 | 280 | | 9.7of the assault, it shall order that the firearm be summarily forfeited under section 609.5316, |
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| 281 | 281 | | 9.8subdivision 3. |
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| 282 | 282 | | 9.9 (c) When a person is convicted of assaulting a family or household member and is |
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| 283 | 283 | | 9.10determined by the court to have used a firearm in any way during commission of the assault, |
|---|
| 284 | 284 | | 9.11the court may order that the person is prohibited from possessing any type of firearm for |
|---|
| 285 | 285 | | 9.12any period longer than three years or for the remainder of the person's life. A person who |
|---|
| 286 | 286 | | 9.13violates this paragraph is guilty of a gross misdemeanor. At the time of the conviction, the |
|---|
| 287 | 287 | | 9.14court shall inform the defendant for how long the defendant is prohibited from possessing |
|---|
| 288 | 288 | | 9.15a firearm and that it is a gross misdemeanor to violate this paragraph. The failure of the |
|---|
| 289 | 289 | | 9.16court to provide this information to a defendant does not affect the applicability of the |
|---|
| 290 | 290 | | 9.17firearm possession prohibition or the gross misdemeanor penalty to that defendant. |
|---|
| 291 | 291 | | 9.18 (d) Except as otherwise provided in paragraph (c), when a person is convicted of a |
|---|
| 292 | 292 | | 9.19violation of this section or section 609.224 and the court determines that the victim was a |
|---|
| 293 | 293 | | 9.20family or household member, the court shall inform the defendant that the defendant is |
|---|
| 294 | 294 | | 9.21prohibited from possessing a firearm for three years from the date of conviction and that it |
|---|
| 295 | 295 | | 9.22is a gross misdemeanor offense to violate this prohibition. The failure of the court to provide |
|---|
| 296 | 296 | | 9.23this information to a defendant does not affect the applicability of the firearm possession |
|---|
| 297 | 297 | | 9.24prohibition or the gross misdemeanor penalty to that defendant. |
|---|
| 298 | 298 | | 9.25 (e) Except as otherwise provided in paragraph (c), a person is not entitled to possess a |
|---|
| 299 | 299 | | 9.26pistol if the person has been convicted after August 1, 1992, or a firearm if a person has |
|---|
| 300 | 300 | | 9.27been convicted on or after August 1, 2014, of domestic assault under this section or assault |
|---|
| 301 | 301 | | 9.28in the fifth degree under section 609.224 and the assault victim was a family or household |
|---|
| 302 | 302 | | 9.29member as defined in section 518B.01, subdivision 2, unless three years have elapsed from |
|---|
| 303 | 303 | | 9.30the date of conviction and, during that time, the person has not been convicted of any other |
|---|
| 304 | 304 | | 9.31violation of this section or section 609.224. Property rights may not be abated but access |
|---|
| 305 | 305 | | 9.32may be restricted by the courts. A person who possesses a firearm in violation of this |
|---|
| 306 | 306 | | 9.33paragraph is guilty of a gross misdemeanor. |
|---|
| 307 | 307 | | 9Sec. 3. |
|---|
| 308 | 308 | | REVISOR KLL/LN 23-0075712/05/22 10.1 (f) Except as otherwise provided in paragraphs (b) and (h), when a person is convicted |
|---|
| 309 | 309 | | 10.2of a violation of this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247 |
|---|
| 310 | 310 | | 10.3and the court determines that the assault was against a family or household member, the |
|---|
| 311 | 311 | | 10.4court shall order the defendant to transfer any firearms that the person possesses, within |
|---|
| 312 | 312 | | 10.5three business days, to a federally licensed firearms dealer, a law enforcement agency, or |
|---|
| 313 | 313 | | 10.6a third party who may lawfully receive them. The transfer may be permanent or temporary, |
|---|
| 314 | 314 | | 10.7unless the court prohibits the person from possessing a firearm for the remainder of the |
|---|
| 315 | 315 | | 10.8person's life under paragraph (c). A temporary firearm transfer only entitles the receiving |
|---|
| 316 | 316 | | 10.9party to possess the firearm. A temporary transfer does not transfer ownership or title. A |
|---|
| 317 | 317 | | 10.10defendant may not transfer firearms to a third party who resides with the defendant. If a |
|---|
| 318 | 318 | | 10.11defendant makes a temporary transfer, a federally licensed firearms dealer or law enforcement |
|---|
| 319 | 319 | | 10.12agency may charge the defendant a reasonable fee to store the person's firearms and may |
|---|
| 320 | 320 | | 10.13establish policies for disposal of abandoned firearms, provided such policies require that |
|---|
| 321 | 321 | | 10.14the person be notified by certified mail prior to disposal of abandoned firearms. For temporary |
|---|
| 322 | 322 | | 10.15firearms transfers under this paragraph, a law enforcement agency, federally licensed firearms |
|---|
| 323 | 323 | | 10.16dealer, or third party shall exercise due care to preserve the quality and function of the |
|---|
| 324 | 324 | | 10.17transferred firearms and shall return the transferred firearms to the person upon request after |
|---|
| 325 | 325 | | 10.18the expiration of the prohibiting time period imposed under this subdivision, provided the |
|---|
| 326 | 326 | | 10.19person is not otherwise prohibited from possessing firearms under state or federal law. The |
|---|
| 327 | 327 | | 10.20return of temporarily transferred firearms to a person shall comply with state and federal |
|---|
| 328 | 328 | | 10.21law. If a defendant permanently transfers the defendant's firearms to a law enforcement |
|---|
| 329 | 329 | | 10.22agency, the agency is not required to compensate the defendant and may charge the defendant |
|---|
| 330 | 330 | | 10.23a reasonable processing fee. A law enforcement agency is not required to accept a person's |
|---|
| 331 | 331 | | 10.24firearm under this paragraph. The court shall order that the person surrender all permits to |
|---|
| 332 | 332 | | 10.25carry and purchase firearms to the sheriff. |
|---|
| 333 | 333 | | 10.26 (g) A defendant who is ordered to transfer firearms under paragraph (f) must file proof |
|---|
| 334 | 334 | | 10.27of transfer as provided for in this paragraph. If the transfer is made to a third party, the third |
|---|
| 335 | 335 | | 10.28party must sign an affidavit under oath before a notary public either acknowledging that |
|---|
| 336 | 336 | | 10.29the defendant permanently transferred the defendant's firearms to the third party or agreeing |
|---|
| 337 | 337 | | 10.30to temporarily store the defendant's firearms until such time as the defendant is legally |
|---|
| 338 | 338 | | 10.31permitted to possess firearms. The affidavit shall indicate the serial number, make, and |
|---|
| 339 | 339 | | 10.32model of all firearms transferred by the defendant to the third party. The third party shall |
|---|
| 340 | 340 | | 10.33acknowledge in the affidavit that the third party may be held criminally and civilly |
|---|
| 341 | 341 | | 10.34responsible under section 624.7144 if the defendant gains access to a transferred firearm |
|---|
| 342 | 342 | | 10.35while the firearm is in the custody of the third party. If the transfer is to a law enforcement |
|---|
| 343 | 343 | | 10.36agency or federally licensed firearms dealer, the law enforcement agency or federally |
|---|
| 344 | 344 | | 10Sec. 3. |
|---|
| 345 | 345 | | REVISOR KLL/LN 23-0075712/05/22 11.1licensed firearms dealer shall provide proof of transfer to the defendant. The proof of transfer |
|---|
| 346 | 346 | | 11.2must specify whether the firearms were permanently or temporarily transferred and include |
|---|
| 347 | 347 | | 11.3the name of the defendant, date of transfer, and the serial number, make, and model of all |
|---|
| 348 | 348 | | 11.4transferred firearms. The defendant shall provide the court with a signed and notarized |
|---|
| 349 | 349 | | 11.5affidavit or proof of transfer as described in this section within two business days of the |
|---|
| 350 | 350 | | 11.6firearms transfer. The court shall seal affidavits and proofs of transfer filed pursuant to this |
|---|
| 351 | 351 | | 11.7paragraph. |
|---|
| 352 | 352 | | 11.8 (h) When a person is convicted of a violation of this section or section 609.221, 609.222, |
|---|
| 353 | 353 | | 11.9609.223, 609.224, or 609.2247, and the court determines that the assault was against a family |
|---|
| 354 | 354 | | 11.10or household member, the court shall determine by a preponderance of the evidence if the |
|---|
| 355 | 355 | | 11.11person poses an imminent risk of causing another person substantial bodily harm. Upon a |
|---|
| 356 | 356 | | 11.12finding of imminent risk, the court shall order that the local law enforcement agency take |
|---|
| 357 | 357 | | 11.13immediate possession of all firearms in the person's possession. The local law enforcement |
|---|
| 358 | 358 | | 11.14agency shall exercise due care to preserve the quality and function of the defendant's firearms |
|---|
| 359 | 359 | | 11.15and shall return the firearms to the person upon request after the expiration of the prohibiting |
|---|
| 360 | 360 | | 11.16time period, provided the person is not otherwise prohibited from possessing firearms under |
|---|
| 361 | 361 | | 11.17state or federal law. The local law enforcement agency shall, upon written notice from the |
|---|
| 362 | 362 | | 11.18person, transfer the firearms to a federally licensed firearms dealer or a third party who may |
|---|
| 363 | 363 | | 11.19lawfully receive them. Before a local law enforcement agency transfers a firearm under this |
|---|
| 364 | 364 | | 11.20paragraph, the agency shall require the third party or federally licensed firearms dealer |
|---|
| 365 | 365 | | 11.21receiving the firearm to submit an affidavit or proof of transfer that complies with the |
|---|
| 366 | 366 | | 11.22requirements for affidavits or proofs of transfer established in paragraph (g). The agency |
|---|
| 367 | 367 | | 11.23shall file all affidavits or proofs of transfer received with the court within two business days |
|---|
| 368 | 368 | | 11.24of the transfer. The court shall seal all affidavits or proofs of transfer filed pursuant to this |
|---|
| 369 | 369 | | 11.25paragraph. A federally licensed firearms dealer or third party who accepts a firearm transfer |
|---|
| 370 | 370 | | 11.26pursuant to this paragraph shall comply with paragraphs (f) and (g) as if accepting transfer |
|---|
| 371 | 371 | | 11.27from the defendant. If the law enforcement agency does not receive written notice from the |
|---|
| 372 | 372 | | 11.28defendant within three business days, the agency may charge a reasonable fee to store the |
|---|
| 373 | 373 | | 11.29defendant's firearms. A law enforcement agency may establish policies for disposal of |
|---|
| 374 | 374 | | 11.30abandoned firearms, provided such policies require that the person be notified via certified |
|---|
| 375 | 375 | | 11.31mail prior to disposal of abandoned firearms. |
|---|
| 376 | 376 | | 11.32 (i) The court shall ensure that all firearms have been transferred and all proofs of transfer |
|---|
| 377 | 377 | | 11.33submitted as required by paragraphs (f), (g), and (h), by scheduling and holding a compliance |
|---|
| 378 | 378 | | 11.34hearing within ten business days of issuing an order containing a firearms restriction. If, at |
|---|
| 379 | 379 | | 11.35the hearing, the court finds that the abusing party is not in compliance, the court shall take |
|---|
| 380 | 380 | | 11Sec. 3. |
|---|
| 381 | 381 | | REVISOR KLL/LN 23-0075712/05/22 12.1appropriate action under the circumstances, including but not limited to a contempt |
|---|
| 382 | 382 | | 12.2proceeding under section 588.01, subdivision 3. |
|---|
| 383 | 383 | | 12.3 Sec. 4. Minnesota Statutes 2022, section 609.749, subdivision 8, is amended to read: |
|---|
| 384 | 384 | | 12.4 Subd. 8.Harassment; stalking; firearms.(a) When a person is convicted of harassment |
|---|
| 385 | 385 | | 12.5or stalking under this section and the court determines that the person used a firearm in any |
|---|
| 386 | 386 | | 12.6way during commission of the crime, the court may order that the person is prohibited from |
|---|
| 387 | 387 | | 12.7possessing any type of firearm for any period longer than three years or for the remainder |
|---|
| 388 | 388 | | 12.8of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor. |
|---|
| 389 | 389 | | 12.9At the time of the conviction, the court shall inform the defendant for how long the defendant |
|---|
| 390 | 390 | | 12.10is prohibited from possessing a firearm and that it is a gross misdemeanor to violate this |
|---|
| 391 | 391 | | 12.11paragraph. The failure of the court to provide this information to a defendant does not affect |
|---|
| 392 | 392 | | 12.12the applicability of the firearm possession prohibition or the gross misdemeanor penalty to |
|---|
| 393 | 393 | | 12.13that defendant. |
|---|
| 394 | 394 | | 12.14 (b) Except as otherwise provided in paragraph (a), when a person is convicted of |
|---|
| 395 | 395 | | 12.15harassment or stalking under this section, the court shall inform the defendant that the |
|---|
| 396 | 396 | | 12.16defendant is prohibited from possessing a firearm for three years from the date of conviction |
|---|
| 397 | 397 | | 12.17and that it is a gross misdemeanor offense to violate this prohibition. The failure of the court |
|---|
| 398 | 398 | | 12.18to provide this information to a defendant does not affect the applicability of the firearm |
|---|
| 399 | 399 | | 12.19possession prohibition or the gross misdemeanor penalty to that defendant. |
|---|
| 400 | 400 | | 12.20 (c) Except as otherwise provided in paragraph (a), a person is not entitled to possess a |
|---|
| 401 | 401 | | 12.21pistol if the person has been convicted after August 1, 1996, of harassment or stalking under |
|---|
| 402 | 402 | | 12.22this section, or to possess a firearm if the person has been convicted on or after August 1, |
|---|
| 403 | 403 | | 12.232014, of harassment or stalking under this section, unless three years have elapsed from the |
|---|
| 404 | 404 | | 12.24date of conviction and, during that time, the person has not been convicted of any other |
|---|
| 405 | 405 | | 12.25violation of this section. Property rights may not be abated but access may be restricted by |
|---|
| 406 | 406 | | 12.26the courts. A person who possesses a firearm in violation of this paragraph is guilty of a |
|---|
| 407 | 407 | | 12.27gross misdemeanor. |
|---|
| 408 | 408 | | 12.28 (d) If the court determines that a person convicted of harassment or stalking under this |
|---|
| 409 | 409 | | 12.29section owns or possesses a firearm and used it in any way during the commission of the |
|---|
| 410 | 410 | | 12.30crime, it shall order that the firearm be summarily forfeited under section 609.5316, |
|---|
| 411 | 411 | | 12.31subdivision 3. |
|---|
| 412 | 412 | | 12.32 (e) Except as otherwise provided in paragraphs (d) and (g), when a person is convicted |
|---|
| 413 | 413 | | 12.33of harassment or stalking under this section, the court shall order the defendant to transfer |
|---|
| 414 | 414 | | 12.34any firearms that the person possesses, within three business days, to a federally licensed |
|---|
| 415 | 415 | | 12Sec. 4. |
|---|
| 416 | 416 | | REVISOR KLL/LN 23-0075712/05/22 13.1firearms dealer, a law enforcement agency, or a third party who may lawfully receive them. |
|---|
| 417 | 417 | | 13.2The transfer may be permanent or temporary. A temporary firearm transfer only entitles |
|---|
| 418 | 418 | | 13.3the receiving party to possess the firearm. A temporary transfer does not transfer ownership |
|---|
| 419 | 419 | | 13.4or title. A defendant may not transfer firearms to a third party who resides with the defendant. |
|---|
| 420 | 420 | | 13.5If a defendant makes a temporary transfer, a federally licensed firearms dealer or law |
|---|
| 421 | 421 | | 13.6enforcement agency may charge the defendant a reasonable fee to store the person's firearms |
|---|
| 422 | 422 | | 13.7and may establish policies for disposal of abandoned firearms, provided such policies require |
|---|
| 423 | 423 | | 13.8that the person be notified via certified mail prior to disposal of abandoned firearms. For |
|---|
| 424 | 424 | | 13.9temporary firearms transfers under this paragraph, a law enforcement agency, federally |
|---|
| 425 | 425 | | 13.10licensed firearms dealer, or third party shall exercise due care to preserve the quality and |
|---|
| 426 | 426 | | 13.11function of the transferred firearms and shall return the transferred firearms to the person |
|---|
| 427 | 427 | | 13.12upon request after the expiration of the prohibiting time period imposed under this |
|---|
| 428 | 428 | | 13.13subdivision, provided the person is not otherwise prohibited from possessing firearms under |
|---|
| 429 | 429 | | 13.14state or federal law. The return of temporarily transferred firearms to a defendant shall |
|---|
| 430 | 430 | | 13.15comply with state and federal law. If a defendant permanently transfers the defendant's |
|---|
| 431 | 431 | | 13.16firearms to a law enforcement agency, the agency is not required to compensate the defendant |
|---|
| 432 | 432 | | 13.17and may charge the defendant a reasonable processing fee. A law enforcement agency is |
|---|
| 433 | 433 | | 13.18not required to accept a person's firearm under this paragraph. The court shall order that the |
|---|
| 434 | 434 | | 13.19person surrender all permits to carry and purchase firearms to the sheriff. |
|---|
| 435 | 435 | | 13.20 (f) A defendant who is ordered to transfer firearms under paragraph (e) must file proof |
|---|
| 436 | 436 | | 13.21of transfer as provided for in this paragraph. If the transfer is made to a third party, the third |
|---|
| 437 | 437 | | 13.22party must sign an affidavit under oath before a notary public either acknowledging that |
|---|
| 438 | 438 | | 13.23the defendant permanently transferred the defendant's firearms to the third party or agreeing |
|---|
| 439 | 439 | | 13.24to temporarily store the defendant's firearms until such time as the defendant is legally |
|---|
| 440 | 440 | | 13.25permitted to possess firearms. The affidavit shall indicate the serial number, make, and |
|---|
| 441 | 441 | | 13.26model of all firearms transferred by the defendant to the third party. The third party shall |
|---|
| 442 | 442 | | 13.27acknowledge in the affidavit that the third party may be held criminally and civilly |
|---|
| 443 | 443 | | 13.28responsible under section 624.7144 if the defendant gains access to a transferred firearm |
|---|
| 444 | 444 | | 13.29while the firearm is in the custody of the third party. If the transfer is to a law enforcement |
|---|
| 445 | 445 | | 13.30agency or federally licensed firearms dealer, the law enforcement agency or federally |
|---|
| 446 | 446 | | 13.31licensed firearms dealer shall provide proof of transfer to the defendant. The proof of transfer |
|---|
| 447 | 447 | | 13.32must specify whether the firearms were permanently or temporarily transferred and include |
|---|
| 448 | 448 | | 13.33the name of the defendant, date of transfer, and the serial number, make, and model of all |
|---|
| 449 | 449 | | 13.34transferred firearms. The defendant shall provide the court with a signed and notarized |
|---|
| 450 | 450 | | 13.35affidavit or proof of transfer as described in this section within two business days of the |
|---|
| 451 | 451 | | 13Sec. 4. |
|---|
| 452 | 452 | | REVISOR KLL/LN 23-0075712/05/22 14.1firearms transfer. The court shall seal affidavits and proofs of transfer filed pursuant to this |
|---|
| 453 | 453 | | 14.2paragraph. |
|---|
| 454 | 454 | | 14.3 (g) When a person is convicted of harassment or stalking under this section, the court |
|---|
| 455 | 455 | | 14.4shall determine by a preponderance of the evidence if the person poses an imminent risk of |
|---|
| 456 | 456 | | 14.5causing another person substantial bodily harm. Upon a finding of imminent risk, the court |
|---|
| 457 | 457 | | 14.6shall order that the local law enforcement agency take immediate possession of all firearms |
|---|
| 458 | 458 | | 14.7in the person's possession. The local law enforcement agency shall exercise due care to |
|---|
| 459 | 459 | | 14.8preserve the quality and function of the defendant's firearms and shall return the firearms |
|---|
| 460 | 460 | | 14.9to the person upon request after the expiration of the prohibiting time period, provided the |
|---|
| 461 | 461 | | 14.10person is not otherwise prohibited from possessing firearms under state or federal law. The |
|---|
| 462 | 462 | | 14.11local law enforcement agency shall, upon written notice from the person, transfer the firearms |
|---|
| 463 | 463 | | 14.12to a federally licensed firearms dealer or a third party who may lawfully receive them. |
|---|
| 464 | 464 | | 14.13Before a local law enforcement agency transfers a firearm under this paragraph, the agency |
|---|
| 465 | 465 | | 14.14shall require the third party or federally licensed firearms dealer receiving the firearm to |
|---|
| 466 | 466 | | 14.15submit an affidavit or proof of transfer that complies with the requirements for affidavits |
|---|
| 467 | 467 | | 14.16or proofs of transfer established in paragraph (f). The agency shall file all affidavits or proofs |
|---|
| 468 | 468 | | 14.17of transfer received with the court within two business days of the transfer. The court shall |
|---|
| 469 | 469 | | 14.18seal all affidavits or proofs of transfer filed pursuant to this paragraph. A federally licensed |
|---|
| 470 | 470 | | 14.19firearms dealer or third party who accepts a firearm transfer pursuant to this paragraph shall |
|---|
| 471 | 471 | | 14.20comply with paragraphs (e) and (f) as if accepting transfer from the defendant. If the law |
|---|
| 472 | 472 | | 14.21enforcement agency does not receive written notice from the defendant within three business |
|---|
| 473 | 473 | | 14.22days, the agency may charge a reasonable fee to store the defendant's firearms. A law |
|---|
| 474 | 474 | | 14.23enforcement agency may establish policies for disposal of abandoned firearms, provided |
|---|
| 475 | 475 | | 14.24such policies require that the person be notified via certified mail prior to disposal of |
|---|
| 476 | 476 | | 14.25abandoned firearms. |
|---|
| 477 | 477 | | 14.26 (h) The court shall ensure that all firearms have been transferred and all proofs of transfer |
|---|
| 478 | 478 | | 14.27submitted as required in paragraphs (e), (f), and (g), by scheduling and holding a compliance |
|---|
| 479 | 479 | | 14.28hearing within ten business days of issuing an order containing a firearms restriction. If, at |
|---|
| 480 | 480 | | 14.29the hearing, the court finds that the abusing party is not in compliance, the court shall take |
|---|
| 481 | 481 | | 14.30appropriate action under the circumstances, including but not limited to a contempt |
|---|
| 482 | 482 | | 14.31proceeding under section 588.01, subdivision 3. |
|---|
| 483 | 483 | | 14Sec. 4. |
|---|
| 484 | 484 | | REVISOR KLL/LN 23-0075712/05/22 |
|---|