| 2 | | - | 1.2 relating to public safety; authorizing local units of government to conduct criminal |
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| 3 | | - | 1.3 background checks under certain circumstances; proposing coding for new law in |
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| 4 | | - | 1.4 Minnesota Statutes, chapter 299C. |
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| 5 | | - | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | | - | 1.6 Section 1. [299C.77] FEDERAL BACKGROUND CHECKS BY POLITICAL |
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| 7 | | - | 1.7SUBDIVISIONS. |
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| 8 | | - | 1.8 Subdivision 1.Definition.As used in this section, "applicant for licensure" means an |
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| 9 | | - | 1.9individual or if the applicant is a corporation, limited liability company, partnership, or |
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| 10 | | - | 1.10other legal entity, every officer, director, manager, and general partner of the entity, who |
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| 11 | | - | 1.11seeks a license issued by a county or city to operate a business: |
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| 12 | | - | 1.12 (1) that qualifies as an adult entertainment establishment under section 617.242, |
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| 13 | | - | 1.13subdivision 1; or |
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| 14 | | - | 1.14 (2) providing massage services. |
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| 15 | | - | 1.15 Subd. 2.Background check authorized.(a) A county or city may investigate the |
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| 16 | | - | 1.16criminal history background of any applicant for licensure. |
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| 17 | | - | 1.17 (b) The investigation conducted pursuant to paragraph (a) must consist of a criminal |
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| 18 | | - | 1.18history check of the state criminal records repository and a national criminal history check. |
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| 19 | | - | 1.19The county or city must accept the applicant's signed criminal history records check consent |
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| 20 | | - | 1.20form for the state and national criminal history check request, a full set of classifiable |
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| 21 | | - | 1.21fingerprints, and required fees. The county or city must submit the applicant's completed |
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| 22 | | - | 1.22criminal history records check consent form, full set of classifiable fingerprints, and required |
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| 2 | + | 1.2 relating to public safety; modifying prohibition on transferring certain firearms to |
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| 3 | + | 1.3 persons who are ineligible to possess firearms; amending Minnesota Statutes 2024, |
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| 4 | + | 1.4 section 624.7141, subdivision 1; repealing Minnesota Statutes 2024, section |
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| 5 | + | 1.5 624.7141, subdivision 4. |
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| 6 | + | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 7 | + | 1.7 Section 1. Minnesota Statutes 2024, section 624.7141, subdivision 1, is amended to read: |
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| 8 | + | 1.8 Subdivision 1.Transfer prohibited.(a) A person is guilty of a felony and may be |
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| 9 | + | 1.9sentenced to imprisonment for up to two years and to payment of a fine of not more than |
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| 10 | + | 1.10$10,000 if the person intentionally transfers a firearm pistol or semiautomatic military-style |
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| 11 | + | 1.11assault weapon to another and the person knows or reasonably should know that the |
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| 12 | + | 1.12transferee: |
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| 13 | + | 1.13 (1) has been denied a permit to carry under section 624.714 because the transferee is |
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| 14 | + | 1.14not eligible under section 624.713 to possess a pistol or semiautomatic military-style assault |
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| 15 | + | 1.15weapon or any other firearm; |
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| 16 | + | 1.16 (2) has been found ineligible to possess a pistol or semiautomatic military-style assault |
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| 17 | + | 1.17weapon by a chief of police or sheriff as a result of an application for a transferee permit |
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| 18 | + | 1.18or a transfer report; or |
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| 19 | + | 1.19 (3) is disqualified under section 624.713 from possessing a pistol or semiautomatic |
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| 20 | + | 1.20military-style assault weapon or any other firearm. |
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| 21 | + | 1.21 (b) Paragraph (a) does not apply to the transfer of a firearm other than a pistol or |
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| 22 | + | 1.22semiautomatic military-style assault weapon to a person under the age of 18 who is not |
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| 23 | + | 1.23disqualified from possessing any other firearm. |
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| 33 | | - | Authored by Perryman, Curran, Engen, Tabke and Virnig02/10/2025 |
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| 34 | | - | The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy |
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| 35 | | - | Adoption of Report: Re-referred to the Committee on Elections Finance and Government Operations02/17/2025 |
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| 36 | | - | Adoption of Report: Placed on the General Register as Amended02/26/2025 |
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| 37 | | - | Read for the Second Time 2.1fees to the Bureau of Criminal Apprehension. After receiving this information, the bureau |
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| 38 | | - | 2.2must conduct a Minnesota criminal history records check of the applicant. The bureau may |
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| 39 | | - | 2.3exchange an applicant's fingerprints with the Federal Bureau of Investigation to obtain the |
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| 40 | | - | 2.4applicant's national criminal history record information. The bureau must return the results |
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| 41 | | - | 2.5of the Minnesota and federal criminal history records checks to the county or city. Using |
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| 42 | | - | 2.6the criminal history data provided by the bureau, the county or city must determine whether |
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| 43 | | - | 2.7the applicant is disqualified from licensure. The applicant's failure to cooperate with the |
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| 44 | | - | 2.8county or city in conducting the records check is reasonable cause to deny an application. |
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| 45 | | - | 2Section 1. |
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| 46 | | - | REVISOR KLL H0286-1HF286 FIRST ENGROSSMENT |
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| 32 | + | Authored by Scott, Witte, Novotny, Backer, Gander and others01/23/2025 |
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| 33 | + | The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy 2.1 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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| 34 | + | 2.2committed on or after that date. |
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| 35 | + | 2.3 Sec. 2. REPEALER. |
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| 36 | + | 2.4 Minnesota Statutes 2024, section 624.7141, subdivision 4, is repealed. |
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| 37 | + | 2.5 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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| 38 | + | 2.6committed on or after that date. |
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| 39 | + | 2Sec. 2. |
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| 40 | + | REVISOR KLL/LJ 25-0201201/13/25 624.7141 TRANSFER TO INELIGIBLE PERSON. |
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| 41 | + | Subd. 4.Affirmative defense.(a) As used in this subdivision, "family or household member" |
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| 42 | + | has the meaning given in section 518B.01, subdivision 2, paragraph (b). |
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| 43 | + | (b) If proven by clear and convincing evidence, it is an affirmative defense to a violation of this |
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| 44 | + | section that the defendant was a family or household member of the transferee and committed the |
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| 45 | + | violation only under compulsion by the transferee who, by explicit or implicit threats or other acts, |
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| 46 | + | created a reasonable apprehension in the mind of the defendant that the refusal of the defendant to |
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| 47 | + | participate in the violation would result in the transferee inflicting substantial bodily harm or death |
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| 48 | + | on the defendant or a family or household member of the defendant. |
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| 49 | + | (c) The fact finder may consider any evidence of past acts that would constitute domestic abuse, |
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| 50 | + | domestic or nondomestic assault, criminal sexual conduct, sexual extortion, sex trafficking, labor |
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| 51 | + | trafficking, harassment or stalking, or any other crime that is a crime of violence as defined in |
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| 52 | + | section 624.712, subdivision 5, or threats to commit any of these crimes by the transferee toward |
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| 53 | + | the defendant or another when determining if the defendant has proven the affirmative defense. |
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| 54 | + | Past prosecution is not required for the fact finder to consider evidence of these acts. Nothing in |
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| 55 | + | this paragraph limits the ability of the fact finder to consider other relevant evidence when |
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| 56 | + | determining if the defendant has proven the affirmative defense. |
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| 57 | + | 1R |
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| 58 | + | APPENDIX |
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| 59 | + | Repealed Minnesota Statutes: 25-02012 |
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