1.1 A bill for an act
1.2 relating to public safety; providing for enforcement of judicially ordered firearms
1.3 restrictions for abusing parties; amending Minnesota Statutes 2024, sections
1.4 260C.201, subdivision 3; 518B.01, subdivision 6; 609.2242, subdivision 3; 609.749,
1.5 subdivision 8.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2024, section 260C.201, subdivision 3, is amended to read:
1.8 Subd. 3.Domestic child abuse.(a) If the court finds that the child is a victim of domestic
1.9child abuse, as defined in section 260C.007, subdivision 13, it may order any of the following
1.10dispositions of the case in addition to or as alternatives to the dispositions authorized under
1.11subdivision 1:
1.12 (1) restrain any party from committing acts of domestic child abuse;
1.13 (2) exclude the abusing party from the dwelling which the family or household members
1.14share or from the residence of the child;
1.15 (3) on the same basis as is provided in chapter 518, establish temporary visitation with
1.16regard to minor children of the adult family or household members;
1.17 (4) on the same basis as is provided in chapter 518 or 518A, establish temporary support
1.18or maintenance for a period of 30 days for minor children or a spouse;
1.19 (5) provide counseling or other social services for the family or household members; or
1.20 (6) order the abusing party to participate in treatment or counseling services.
1.21 Any relief granted by the order for protection shall be for a fixed period not to exceed
1.22one year.
1Section 1.
REVISOR KLL/AD 25-0141412/18/24
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 295
NINETY-FOURTH SESSION
Authored by Scott, Rarick, Gillman, Nash and Gander01/23/2025
The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law 2.1 (b) No order excluding the abusing party from the dwelling may be issued unless the
2.2court finds that:
2.3 (1) the order is in the best interests of the child or children remaining in the dwelling;
2.4 (2) a remaining adult family or household member is able to care adequately for the
2.5child or children in the absence of the excluded party; and
2.6 (3) the local welfare agency has developed a plan to provide appropriate social services
2.7to the remaining family or household members.
2.8 (c) Upon a finding that the remaining parent is able to care adequately for the child and
2.9enforce an order excluding the abusing party from the home and that the provision of
2.10supportive services by the responsible social services agency is no longer necessary, the
2.11responsible social services agency may be dismissed as a party to the proceedings. Orders
2.12entered regarding the abusing party remain in full force and effect and may be renewed by
2.13the remaining parent as necessary for the continued protection of the child for specified
2.14periods of time, not to exceed one year.
2.15 (d) An order granting relief that was issued after a hearing of which the abusing party
2.16received actual notice and at which the abusing party had the opportunity to participate,
2.17shall prohibit the abusing party from possessing firearms for the length the order is in effect
2.18if the order (1) restrains the abusing party from harassing, stalking, or threatening the child
2.19or restrains the abusing party from engaging in other conduct that would place the child in
2.20reasonable fear of bodily injury, and (2) includes a finding that the abusing party represents
2.21a credible threat to the physical safety of the child or prohibits the abusing party from using,
2.22attempting to use, or threatening to use physical force against the child. The order shall
2.23inform the abusing party of that party's prohibited status. Except as provided in paragraph
2.24(f), the court shall order the abusing party to transfer any firearms that the person possesses,
2.25within three business days, to a federally licensed firearms dealer, a law enforcement agency,
2.26or a third party who may lawfully receive them. The transfer may be permanent or temporary.
2.27A temporary firearm transfer only entitles the receiving party to possess the firearm. A
2.28temporary transfer does not transfer ownership or title. An abusing party may not transfer
2.29firearms to a third party who resides with the abusing party. If an abusing party makes a
2.30temporary transfer, a federally licensed firearms dealer or law enforcement agency may
2.31charge the abusing party a reasonable fee to store the person's firearms and may establish
2.32policies for disposal of abandoned firearms, provided such policies require that the person
2.33be notified via certified mail prior to disposal of abandoned firearms. For temporary firearms
2.34transfers under this paragraph, a law enforcement agency, federally licensed firearms dealer,
2Section 1.
REVISOR KLL/AD 25-0141412/18/24 3.1or third party shall exercise due care to preserve the quality and function of the transferred
3.2firearms and shall return the transferred firearms to the person upon request after the
3.3expiration of the prohibiting time period, provided the person is not otherwise prohibited
3.4from possessing firearms under state or federal law. The return of temporarily transferred
3.5firearms to an abusing party shall comply with state and federal law. If an abusing party
3.6permanently transfers the abusing party's firearms to a law enforcement agency, the agency
3.7is not required to compensate the abusing party and may charge the abusing party a
3.8reasonable processing fee. A law enforcement agency is not required to accept an abusing
3.9party's firearm under this paragraph.
3.10 (e) An abusing party who is ordered to transfer firearms under paragraph (d) must file
3.11proof of transfer as provided for in this paragraph. If the transfer is made to a third party,
3.12the third party must sign an affidavit under oath before a notary public either acknowledging
3.13that the abusing party permanently transferred the abusing party's firearms to the third party
3.14or agreeing to temporarily store the abusing party's firearms until such time as the abusing
3.15party is legally permitted to possess firearms. The affidavit shall indicate the serial number,
3.16make, and model of all firearms transferred by the abusing party to the third party. The third
3.17party shall acknowledge in the affidavit that the third party may be held criminally and
3.18civilly responsible under section 624.7144 if the abusing party gains access to a transferred
3.19firearm while the firearm is in the custody of the third party. If the transfer is to a law
3.20enforcement agency or federally licensed firearms dealer, the law enforcement agency or
3.21federally licensed firearms dealer shall provide proof of transfer to the abusing party. The
3.22proof of transfer must specify whether the firearms were permanently or temporarily
3.23transferred and include the name of the abusing party, date of transfer, and the serial number,
3.24make, and model of all transferred firearms. The abusing party shall provide the court with
3.25a signed and notarized affidavit or proof of transfer as described in this section within two
3.26business days of the firearms transfer. The court shall seal affidavits and proofs of transfer
3.27filed pursuant to this paragraph.
3.28 (f) When a court issues an order containing a firearms restriction provided for in
3.29paragraph (d), the court shall determine by a preponderance of evidence if an abusing party
3.30poses an imminent risk of causing another person substantial bodily harm. Upon a finding
3.31of imminent risk, the court shall order that the local law enforcement agency take immediate
3.32possession of all firearms in the abusing party's possession. The local law enforcement
3.33agency shall exercise due care to preserve the quality and function of the abusing party's
3.34firearms and shall return the firearms to the person upon request after the expiration of the
3.35prohibiting time period, provided the person is not otherwise prohibited from possessing
3Section 1.
REVISOR KLL/AD 25-0141412/18/24 4.1firearms under state or federal law. The local law enforcement agency shall, upon written
4.2notice from the abusing party, transfer the firearms to a federally licensed firearms dealer
4.3or a third party who may lawfully receive them. Before a local law enforcement agency
4.4transfers a firearm under this paragraph, the agency shall require the third party or federally
4.5licensed firearms dealer receiving the firearm to submit an affidavit or proof of transfer that
4.6complies with the requirements for affidavits or proofs of transfer established in paragraph
4.7(e). The agency shall file all affidavits or proofs of transfer received with the court within
4.8two business days of the transfer. The court shall seal all affidavits or proofs of transfer
4.9filed pursuant to this paragraph. A federally licensed firearms dealer or third party who
4.10accepts a firearm transfer pursuant to this paragraph shall comply with paragraphs (d) and
4.11(e) as if accepting transfer from the abusing party. If the law enforcement agency does not
4.12receive written notice from the abusing party within three business days, the agency may
4.13charge a reasonable fee to store the abusing party's firearms. A law enforcement agency
4.14may establish policies for disposal of abandoned firearms, provided such policies require
4.15that the abusing party be notified via certified mail prior to disposal of abandoned firearms.
4.16 (g) The court shall ensure that all firearms have been transferred and all proofs of transfer
4.17submitted as required by paragraphs (d), (e), and (f), by scheduling and holding a compliance
4.18hearing within ten business days of issuing an order containing a firearms restriction. If, at
4.19the hearing, the court finds that the abusing party is not in compliance, the court shall take
4.20appropriate action under the circumstances, including but not limited to a contempt
4.21proceeding under section 588.01, subdivision 3.
4.22 Sec. 2. Minnesota Statutes 2024, section 518B.01, subdivision 6, is amended to read:
4.23 Subd. 6.Relief by court.(a) Upon notice and hearing, the court may provide relief as
4.24follows:
4.25 (1) restrain the abusing party from committing acts of domestic abuse;
4.26 (2) exclude the abusing party from the dwelling which the parties share or from the
4.27residence of the petitioner;
4.28 (3) exclude the abusing party from a reasonable area surrounding the dwelling or
4.29residence, which area shall be described specifically in the order;
4.30 (4) award temporary custody or establish temporary parenting time with regard to minor
4.31children of the parties on a basis which gives primary consideration to the safety of the
4.32victim and the children. In addition to the primary safety considerations, the court may
4.33consider particular best interest factors that are found to be relevant to the temporary custody
4Sec. 2.
REVISOR KLL/AD 25-0141412/18/24 5.1and parenting time award. Findings under section 257.025, 518.17, or 518.175 are not
5.2required with respect to the particular best interest factors not considered by the court. If
5.3the court finds that the safety of the victim or the children will be jeopardized by unsupervised
5.4or unrestricted parenting time, the court shall condition or restrict parenting time as to time,
5.5place, duration, or supervision, or deny parenting time entirely, as needed to guard the safety
5.6of the victim and the children. The court's decision on custody and parenting time shall in
5.7no way delay the issuance of an order for protection granting other relief provided for in
5.8this section. The court must not enter a parenting plan under section 518.1705 as part of an
5.9action for an order for protection;
5.10 (5) on the same basis as is provided in chapter 518 or 518A, establish temporary support
5.11for minor children or a spouse, and order the withholding of support from the income of
5.12the person obligated to pay the support according to chapter 518A;
5.13 (6) provide upon request of the petitioner counseling or other social services for the
5.14parties, if married, or if there are minor children;
5.15 (7) order the abusing party to participate in treatment or counseling services, including
5.16requiring the abusing party to successfully complete a domestic abuse counseling program
5.17or educational program under section 518B.02;
5.18 (8) award temporary use and possession of property and restrain one or both parties from
5.19transferring, encumbering, concealing, or disposing of property except in the usual course
5.20of business or for the necessities of life, and to account to the court for all such transfers,
5.21encumbrances, dispositions, and expenditures made after the order is served or communicated
5.22to the party restrained in open court;
5.23 (9) exclude the abusing party from the place of employment of the petitioner, or otherwise
5.24limit access to the petitioner by the abusing party at the petitioner's place of employment;
5.25 (10) order the abusing party to have no contact with the petitioner whether in person,
5.26by telephone, mail, or electronic mail or messaging, through a third party, or by any other
5.27means;
5.28 (11) order the abusing party to pay restitution to the petitioner;
5.29 (12) order the continuance of all currently available insurance coverage without change
5.30in coverage or beneficiary designation;
5.31 (13) order, in its discretion, other relief as it deems necessary for the protection of a
5.32family or household member, including orders or directives to the sheriff or other law
5.33enforcement or corrections officer as provided by this section;
5Sec. 2.
REVISOR KLL/AD 25-0141412/18/24 6.1 (14) direct the care, possession, or control of a pet or companion animal owned,
6.2possessed, or kept by the petitioner or respondent or a child of the petitioner or respondent;
6.3and
6.4 (15) direct the respondent to refrain from physically abusing or injuring any pet or
6.5companion animal, without legal justification, known to be owned, possessed, kept, or held
6.6by either party or a minor child residing in the residence or household of either party as an
6.7indirect means of intentionally threatening the safety of such person.
6.8 (b) Any relief granted by the order for protection shall be for a period not to exceed two
6.9years, except when the court determines a longer period is appropriate. When a referee
6.10presides at the hearing on the petition, the order granting relief becomes effective upon the
6.11referee's signature.
6.12 (c) An order granting the relief authorized in paragraph (a), clause (1), may not be vacated
6.13or modified in a proceeding for dissolution of marriage or legal separation, except that the
6.14court may hear a motion for modification of an order for protection concurrently with a
6.15proceeding for dissolution of marriage upon notice of motion and motion. The notice required
6.16by court rule shall not be waived. If the proceedings are consolidated and the motion to
6.17modify is granted, a separate order for modification of an order for protection shall be issued.
6.18 (d) An order granting the relief authorized in paragraph (a), clause (2) or (3), is not
6.19voided by the admittance of the abusing party into the dwelling from which the abusing
6.20party is excluded.
6.21 (e) If a proceeding for dissolution of marriage or legal separation is pending between
6.22the parties, the court shall provide a copy of the order for protection to the court with
6.23jurisdiction over the dissolution or separation proceeding for inclusion in its file.
6.24 (f) An order for restitution issued under this subdivision is enforceable as civil judgment.
6.25 (g) An order granting relief shall prohibit the abusing party from possessing firearms
6.26for the length the order is in effect if the order (1) restrains the abusing party from harassing,
6.27stalking, or threatening the petitioner or restrains the abusing party from engaging in other
6.28conduct that would place the petitioner in reasonable fear of bodily injury, and (2) includes
6.29a finding that the abusing party represents a credible threat to the physical safety of the
6.30petitioner or prohibits the abusing party from using, attempting to use, or threatening to use
6.31physical force against the petitioner. The order shall inform the abusing party of that party's
6.32prohibited status. Except as provided in paragraph (i), the court shall order the abusing party
6.33to transfer any firearms that the person possesses, within three business days, to a federally
6.34licensed firearms dealer, a law enforcement agency, or a third party who may lawfully
6Sec. 2.
REVISOR KLL/AD 25-0141412/18/24 7.1receive them. The transfer may be permanent or temporary. A temporary firearm transfer
7.2only entitles the receiving party to possess the firearm. A temporary transfer does not transfer
7.3ownership or title. An abusing party may not transfer firearms to a third party who resides
7.4with the abusing party. If an abusing party makes a temporary transfer, a federally licensed
7.5firearms dealer or law enforcement agency may charge the abusing party a reasonable fee
7.6to store the person's firearms and may establish policies for disposal of abandoned firearms,
7.7provided such policies require that the person be notified via certified mail prior to disposal
7.8of abandoned firearms. For temporary firearms transfers under this paragraph, a law
7.9enforcement agency, federally licensed firearms dealer, or third party shall exercise due
7.10care to preserve the quality and function of the transferred firearms and shall return the
7.11transferred firearms to the person upon request after the expiration of the prohibiting time
7.12period, provided the person is not otherwise prohibited from possessing firearms under state
7.13or federal law. The return of temporarily transferred firearms to an abusing party shall
7.14comply with state and federal law. If an abusing party permanently transfers the abusing
7.15party's firearms to a law enforcement agency, the agency is not required to compensate the
7.16abusing party and may charge the abusing party a reasonable processing fee. A law
7.17enforcement agency is not required to accept an abusing party's firearm under this paragraph.
7.18 (h) An abusing party who is ordered to transfer firearms under paragraph (g) must file
7.19proof of transfer as provided for in this paragraph. If the transfer is made to a third party,
7.20the third party must sign an affidavit under oath before a notary public either acknowledging
7.21that the abusing party permanently transferred the abusing party's firearms to the third party
7.22or agreeing to temporarily store the abusing party's firearms until such time as the abusing
7.23party is legally permitted to possess firearms. The affidavit shall indicate the serial number,
7.24make, and model of all firearms transferred by the abusing party to the third party. The third
7.25party shall acknowledge in the affidavit that the third party may be held criminally and
7.26civilly responsible under section 624.7144 if the abusing party gains access to a transferred
7.27firearm while the firearm is in the custody of the third party. If the transfer is to a law
7.28enforcement agency or federally licensed firearms dealer, the law enforcement agency or
7.29federally licensed firearms dealer shall provide proof of transfer to the abusing party. The
7.30proof of transfer must specify whether the firearms were permanently or temporarily
7.31transferred and include the name of the abusing party, date of transfer, and the serial number,
7.32make, and model of all transferred firearms. The abusing party shall provide the court with
7.33a signed and notarized affidavit or proof of transfer as described in this section within two
7.34business days of the firearms transfer. The court shall seal affidavits and proofs of transfer
7.35filed pursuant to this paragraph.
7Sec. 2.
REVISOR KLL/AD 25-0141412/18/24 8.1 (i) When a court issues an order containing a firearms restriction provided for in paragraph
8.2(g), the court shall determine by a preponderance of evidence if an abusing party poses an
8.3imminent risk of causing another person substantial bodily harm. Upon a finding of imminent
8.4risk, the court shall order that the local law enforcement agency take immediate possession
8.5of all firearms in the abusing party's possession. The local law enforcement agency shall
8.6exercise due care to preserve the quality and function of the abusing party's firearms and
8.7shall return the firearms to the person upon request after the expiration of the prohibiting
8.8time period, provided the person is not otherwise prohibited from possessing firearms under
8.9state or federal law. The local law enforcement agency shall, upon written notice from the
8.10abusing party, transfer the firearms to a federally licensed firearms dealer or a third party
8.11who may lawfully receive them. Before a local law enforcement agency transfers a firearm
8.12under this paragraph, the agency shall require the third party or federally licensed firearms
8.13dealer receiving the firearm to submit an affidavit or proof of transfer that complies with
8.14the requirements for affidavits or proofs of transfer established in paragraph (h). The agency
8.15shall file all affidavits or proofs of transfer received with the court within two business days
8.16of the transfer. The court shall seal all affidavits or proofs of transfer filed pursuant to this
8.17paragraph. A federally licensed firearms dealer or third party who accepts a firearm transfer
8.18pursuant to this paragraph shall comply with paragraphs (g) and (h) as if accepting transfer
8.19from the abusing party. If the law enforcement agency does not receive written notice from
8.20the abusing party within three business days, the agency may charge a reasonable fee to
8.21store the abusing party's firearms. A law enforcement agency may establish policies for
8.22disposal of abandoned firearms, provided such policies require that the abusing party be
8.23notified via certified mail prior to disposal of abandoned firearms.
8.24 (j) The court shall ensure that all firearms have been transferred and all proofs of transfer
8.25submitted as required by paragraphs (g), (h), and (i), by scheduling and holding a compliance
8.26hearing within ten business days of issuing an order containing a firearms restriction. If, at
8.27the hearing, the court finds that the abusing party is not in compliance, the court shall take
8.28appropriate action under the circumstances, including but not limited to a contempt
8.29proceeding under section 588.01, subdivision 3.
8.30 Sec. 3. Minnesota Statutes 2024, section 609.2242, subdivision 3, is amended to read:
8.31 Subd. 3.Domestic assaults; firearms.(a) When a person is convicted of a violation of
8.32this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247, the court shall
8.33determine and make written findings on the record as to whether:
8Sec. 3.
REVISOR KLL/AD 25-0141412/18/24 9.1 (1) the assault was committed against a family or household member, as defined in
9.2section 518B.01, subdivision 2;
9.3 (2) the defendant owns or possesses a firearm; and
9.4 (3) the firearm was used in any way during the commission of the assault.
9.5 (b) If the court determines that the assault was of a family or household member, and
9.6that the offender owns or possesses a firearm and used it in any way during the commission
9.7of the assault, it shall order that the firearm be summarily forfeited under section 609.5316,
9.8subdivision 3.
9.9 (c) When a person is convicted of assaulting a family or household member and is
9.10determined by the court to have used a firearm in any way during commission of the assault,
9.11the court may order that the person is prohibited from possessing any type of firearm for
9.12any period longer than three years or for the remainder of the person's life. A person who
9.13violates this paragraph is guilty of a gross misdemeanor. At the time of the conviction, the
9.14court shall inform the defendant for how long the defendant is prohibited from possessing
9.15a firearm and that it is a gross misdemeanor to violate this paragraph. The failure of the
9.16court to provide this information to a defendant does not affect the applicability of the
9.17firearm possession prohibition or the gross misdemeanor penalty to that defendant.
9.18 (d) Except as otherwise provided in paragraph (c), when a person is convicted of a
9.19violation of this section or section 609.224 and the court determines that the victim was a
9.20family or household member, the court shall inform the defendant that the defendant is
9.21prohibited from possessing a firearm for three years from the date of conviction and that it
9.22is a gross misdemeanor offense to violate this prohibition. The failure of the court to provide
9.23this information to a defendant does not affect the applicability of the firearm possession
9.24prohibition or the gross misdemeanor penalty to that defendant.
9.25 (e) Except as otherwise provided in paragraph (c), a person is not entitled to possess a
9.26pistol if the person has been convicted after August 1, 1992, or a firearm if a person has
9.27been convicted on or after August 1, 2014, of domestic assault under this section or assault
9.28in the fifth degree under section 609.224 and the assault victim was a family or household
9.29member as defined in section 518B.01, subdivision 2, unless three years have elapsed from
9.30the date of conviction and, during that time, the person has not been convicted of any other
9.31violation of this section or section 609.224. Property rights may not be abated but access
9.32may be restricted by the courts. A person who possesses a firearm in violation of this
9.33paragraph is guilty of a gross misdemeanor.
9Sec. 3.
REVISOR KLL/AD 25-0141412/18/24 10.1 (f) Except as otherwise provided in paragraphs (b) and (h), when a person is convicted
10.2of a violation of this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247
10.3and the court determines that the assault was against a family or household member, the
10.4court shall order the defendant to transfer any firearms that the person possesses, within
10.5three business days, to a federally licensed firearms dealer, a law enforcement agency, or
10.6a third party who may lawfully receive them. The transfer may be permanent or temporary,
10.7unless the court prohibits the person from possessing a firearm for the remainder of the
10.8person's life under paragraph (c). A temporary firearm transfer only entitles the receiving
10.9party to possess the firearm. A temporary transfer does not transfer ownership or title. A
10.10defendant may not transfer firearms to a third party who resides with the defendant. If a
10.11defendant makes a temporary transfer, a federally licensed firearms dealer or law enforcement
10.12agency may charge the defendant a reasonable fee to store the person's firearms and may
10.13establish policies for disposal of abandoned firearms, provided such policies require that
10.14the person be notified by certified mail prior to disposal of abandoned firearms. For temporary
10.15firearms transfers under this paragraph, a law enforcement agency, federally licensed firearms
10.16dealer, or third party shall exercise due care to preserve the quality and function of the
10.17transferred firearms and shall return the transferred firearms to the person upon request after
10.18the expiration of the prohibiting time period imposed under this subdivision, provided the
10.19person is not otherwise prohibited from possessing firearms under state or federal law. The
10.20return of temporarily transferred firearms to a person shall comply with state and federal
10.21law. If a defendant permanently transfers the defendant's firearms to a law enforcement
10.22agency, the agency is not required to compensate the defendant and may charge the defendant
10.23a reasonable processing fee. A law enforcement agency is not required to accept a person's
10.24firearm under this paragraph. The court shall order that the person surrender all permits to
10.25carry and purchase firearms to the sheriff.
10.26 (g) A defendant who is ordered to transfer firearms under paragraph (f) must file proof
10.27of transfer as provided for in this paragraph. If the transfer is made to a third party, the third
10.28party must sign an affidavit under oath before a notary public either acknowledging that
10.29the defendant permanently transferred the defendant's firearms to the third party or agreeing
10.30to temporarily store the defendant's firearms until such time as the defendant is legally
10.31permitted to possess firearms. The affidavit shall indicate the serial number, make, and
10.32model of all firearms transferred by the defendant to the third party. The third party shall
10.33acknowledge in the affidavit that the third party may be held criminally and civilly
10.34responsible under section 624.7144 if the defendant gains access to a transferred firearm
10.35while the firearm is in the custody of the third party. If the transfer is to a law enforcement
10.36agency or federally licensed firearms dealer, the law enforcement agency or federally
10Sec. 3.
REVISOR KLL/AD 25-0141412/18/24 11.1licensed firearms dealer shall provide proof of transfer to the defendant. The proof of transfer
11.2must specify whether the firearms were permanently or temporarily transferred and include
11.3the name of the defendant, date of transfer, and the serial number, make, and model of all
11.4transferred firearms. The defendant shall provide the court with a signed and notarized
11.5affidavit or proof of transfer as described in this section within two business days of the
11.6firearms transfer. The court shall seal affidavits and proofs of transfer filed pursuant to this
11.7paragraph.
11.8 (h) When a person is convicted of a violation of this section or section 609.221, 609.222,
11.9609.223, 609.224, or 609.2247, and the court determines that the assault was against a family
11.10or household member, the court shall determine by a preponderance of the evidence if the
11.11person poses an imminent risk of causing another person substantial bodily harm. Upon a
11.12finding of imminent risk, the court shall order that the local law enforcement agency take
11.13immediate possession of all firearms in the person's possession. The local law enforcement
11.14agency shall exercise due care to preserve the quality and function of the defendant's firearms
11.15and shall return the firearms to the person upon request after the expiration of the prohibiting
11.16time period, provided the person is not otherwise prohibited from possessing firearms under
11.17state or federal law. The local law enforcement agency shall, upon written notice from the
11.18person, transfer the firearms to a federally licensed firearms dealer or a third party who may
11.19lawfully receive them. Before a local law enforcement agency transfers a firearm under this
11.20paragraph, the agency shall require the third party or federally licensed firearms dealer
11.21receiving the firearm to submit an affidavit or proof of transfer that complies with the
11.22requirements for affidavits or proofs of transfer established in paragraph (g). The agency
11.23shall file all affidavits or proofs of transfer received with the court within two business days
11.24of the transfer. The court shall seal all affidavits or proofs of transfer filed pursuant to this
11.25paragraph. A federally licensed firearms dealer or third party who accepts a firearm transfer
11.26pursuant to this paragraph shall comply with paragraphs (f) and (g) as if accepting transfer
11.27from the defendant. If the law enforcement agency does not receive written notice from the
11.28defendant within three business days, the agency may charge a reasonable fee to store the
11.29defendant's firearms. A law enforcement agency may establish policies for disposal of
11.30abandoned firearms, provided such policies require that the person be notified via certified
11.31mail prior to disposal of abandoned firearms.
11.32 (i) The court shall ensure that all firearms have been transferred and all proofs of transfer
11.33submitted as required by paragraphs (f), (g), and (h), by scheduling and holding a compliance
11.34hearing within ten business days of issuing an order containing a firearms restriction. If, at
11.35the hearing, the court finds that the abusing party is not in compliance, the court shall take
11Sec. 3.
REVISOR KLL/AD 25-0141412/18/24 12.1appropriate action under the circumstances, including but not limited to a contempt
12.2proceeding under section 588.01, subdivision 3.
12.3 Sec. 4. Minnesota Statutes 2024, section 609.749, subdivision 8, is amended to read:
12.4 Subd. 8.Harassment; stalking; firearms.(a) When a person is convicted of harassment
12.5or stalking under this section and the court determines that the person used a firearm in any
12.6way during commission of the crime, the court may order that the person is prohibited from
12.7possessing any type of firearm for any period longer than three years or for the remainder
12.8of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor.
12.9At the time of the conviction, the court shall inform the defendant for how long the defendant
12.10is prohibited from possessing a firearm and that it is a gross misdemeanor to violate this
12.11paragraph. The failure of the court to provide this information to a defendant does not affect
12.12the applicability of the firearm possession prohibition or the gross misdemeanor penalty to
12.13that defendant.
12.14 (b) Except as otherwise provided in paragraph (a), when a person is convicted of
12.15harassment or stalking under this section, the court shall inform the defendant that the
12.16defendant is prohibited from possessing a firearm for three years from the date of conviction
12.17and that it is a gross misdemeanor offense to violate this prohibition. The failure of the court
12.18to provide this information to a defendant does not affect the applicability of the firearm
12.19possession prohibition or the gross misdemeanor penalty to that defendant.
12.20 (c) Except as otherwise provided in paragraph (a), a person is not entitled to possess a
12.21pistol if the person has been convicted after August 1, 1996, of harassment or stalking under
12.22this section, or to possess a firearm if the person has been convicted on or after August 1,
12.232014, of harassment or stalking under this section, unless three years have elapsed from the
12.24date of conviction and, during that time, the person has not been convicted of any other
12.25violation of this section. Property rights may not be abated but access may be restricted by
12.26the courts. A person who possesses a firearm in violation of this paragraph is guilty of a
12.27gross misdemeanor.
12.28 (d) If the court determines that a person convicted of harassment or stalking under this
12.29section owns or possesses a firearm and used it in any way during the commission of the
12.30crime, it shall order that the firearm be summarily forfeited under section 609.5316,
12.31subdivision 3.
12.32 (e) Except as otherwise provided in paragraphs (d) and (g), when a person is convicted
12.33of harassment or stalking under this section, the court shall order the defendant to transfer
12.34any firearms that the person possesses, within three business days, to a federally licensed
12Sec. 4.
REVISOR KLL/AD 25-0141412/18/24 13.1firearms dealer, a law enforcement agency, or a third party who may lawfully receive them.
13.2The transfer may be permanent or temporary. A temporary firearm transfer only entitles
13.3the receiving party to possess the firearm. A temporary transfer does not transfer ownership
13.4or title. A defendant may not transfer firearms to a third party who resides with the defendant.
13.5If a defendant makes a temporary transfer, a federally licensed firearms dealer or law
13.6enforcement agency may charge the defendant a reasonable fee to store the person's firearms
13.7and may establish policies for disposal of abandoned firearms, provided such policies require
13.8that the person be notified via certified mail prior to disposal of abandoned firearms. For
13.9temporary firearms transfers under this paragraph, a law enforcement agency, federally
13.10licensed firearms dealer, or third party shall exercise due care to preserve the quality and
13.11function of the transferred firearms and shall return the transferred firearms to the person
13.12upon request after the expiration of the prohibiting time period imposed under this
13.13subdivision, provided the person is not otherwise prohibited from possessing firearms under
13.14state or federal law. The return of temporarily transferred firearms to a defendant shall
13.15comply with state and federal law. If a defendant permanently transfers the defendant's
13.16firearms to a law enforcement agency, the agency is not required to compensate the defendant
13.17and may charge the defendant a reasonable processing fee. A law enforcement agency is
13.18not required to accept a person's firearm under this paragraph. The court shall order that the
13.19person surrender all permits to carry and purchase firearms to the sheriff.
13.20 (f) A defendant who is ordered to transfer firearms under paragraph (e) must file proof
13.21of transfer as provided for in this paragraph. If the transfer is made to a third party, the third
13.22party must sign an affidavit under oath before a notary public either acknowledging that
13.23the defendant permanently transferred the defendant's firearms to the third party or agreeing
13.24to temporarily store the defendant's firearms until such time as the defendant is legally
13.25permitted to possess firearms. The affidavit shall indicate the serial number, make, and
13.26model of all firearms transferred by the defendant to the third party. The third party shall
13.27acknowledge in the affidavit that the third party may be held criminally and civilly
13.28responsible under section 624.7144 if the defendant gains access to a transferred firearm
13.29while the firearm is in the custody of the third party. If the transfer is to a law enforcement
13.30agency or federally licensed firearms dealer, the law enforcement agency or federally
13.31licensed firearms dealer shall provide proof of transfer to the defendant. The proof of transfer
13.32must specify whether the firearms were permanently or temporarily transferred and include
13.33the name of the defendant, date of transfer, and the serial number, make, and model of all
13.34transferred firearms. The defendant shall provide the court with a signed and notarized
13.35affidavit or proof of transfer as described in this section within two business days of the
13Sec. 4.
REVISOR KLL/AD 25-0141412/18/24 14.1firearms transfer. The court shall seal affidavits and proofs of transfer filed pursuant to this
14.2paragraph.
14.3 (g) When a person is convicted of harassment or stalking under this section, the court
14.4shall determine by a preponderance of the evidence if the person poses an imminent risk of
14.5causing another person substantial bodily harm. Upon a finding of imminent risk, the court
14.6shall order that the local law enforcement agency take immediate possession of all firearms
14.7in the person's possession. The local law enforcement agency shall exercise due care to
14.8preserve the quality and function of the defendant's firearms and shall return the firearms
14.9to the person upon request after the expiration of the prohibiting time period, provided the
14.10person is not otherwise prohibited from possessing firearms under state or federal law. The
14.11local law enforcement agency shall, upon written notice from the person, transfer the firearms
14.12to a federally licensed firearms dealer or a third party who may lawfully receive them.
14.13Before a local law enforcement agency transfers a firearm under this paragraph, the agency
14.14shall require the third party or federally licensed firearms dealer receiving the firearm to
14.15submit an affidavit or proof of transfer that complies with the requirements for affidavits
14.16or proofs of transfer established in paragraph (f). The agency shall file all affidavits or proofs
14.17of transfer received with the court within two business days of the transfer. The court shall
14.18seal all affidavits or proofs of transfer filed pursuant to this paragraph. A federally licensed
14.19firearms dealer or third party who accepts a firearm transfer pursuant to this paragraph shall
14.20comply with paragraphs (e) and (f) as if accepting transfer from the defendant. If the law
14.21enforcement agency does not receive written notice from the defendant within three business
14.22days, the agency may charge a reasonable fee to store the defendant's firearms. A law
14.23enforcement agency may establish policies for disposal of abandoned firearms, provided
14.24such policies require that the person be notified via certified mail prior to disposal of
14.25abandoned firearms.
14.26 (h) The court shall ensure that all firearms have been transferred and all proofs of transfer
14.27submitted as required in paragraphs (e), (f), and (g), by scheduling and holding a compliance
14.28hearing within ten business days of issuing an order containing a firearms restriction. If, at
14.29the hearing, the court finds that the abusing party is not in compliance, the court shall take
14.30appropriate action under the circumstances, including but not limited to a contempt
14.31proceeding under section 588.01, subdivision 3.
14Sec. 4.
REVISOR KLL/AD 25-0141412/18/24