1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to public safety; requiring that persons purchasing a firearm be trained in |
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3 | 3 | | 1.3 firearm safety; requiring the retention of records relating to firearm sales; providing |
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4 | 4 | | 1.4 criminal penalties; proposing coding for new law in Minnesota Statutes, chapter |
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5 | 5 | | 1.5 624. |
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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. [624.7135] SALE OF FIREARM; TRAINING IN SAFE USE REQUIRED; |
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8 | 8 | | 1.8RECORD KEEPING; CRIMINAL PENALTY. |
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9 | 9 | | 1.9 Subdivision 1.Definitions.As used in this section: |
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10 | 10 | | 1.10 (1) "firearms dealer" has the meaning given in section 624.7134; |
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11 | 11 | | 1.11 (2) "sale" or "sell" includes any permanent transfer of ownership of a firearm, regardless |
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12 | 12 | | 1.12of whether any consideration was given; |
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13 | 13 | | 1.13 (3) "state or federally issued identification" has the meaning given in section 624.7134; |
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14 | 14 | | 1.14and |
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15 | 15 | | 1.15 (4) "unlicensed person" has the meaning given in section 624.7134. |
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16 | 16 | | 1.16 Subd. 2.Sale of firearm; training required.A person may not sell a firearm unless |
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17 | 17 | | 1.17the person purchasing or otherwise taking ownership of the firearm presents evidence of |
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18 | 18 | | 1.18training in the safe use of a firearm as provided in subdivision 3. |
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19 | 19 | | 1.19 Subd. 3.Training in safe use of a firearm.(a) A person purchasing or otherwise taking |
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20 | 20 | | 1.20ownership of a firearm must present evidence to the seller that the person has received |
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21 | 21 | | 1.21training in the safe use of a firearm within one year of the date of the sale. Training may be |
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22 | 22 | | 1.22demonstrated by: |
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23 | 23 | | 1Section 1. |
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24 | 24 | | 25-01650 as introduced01/09/25 REVISOR KLL/RC |
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25 | 25 | | SENATE |
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26 | 26 | | STATE OF MINNESOTA |
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27 | 27 | | S.F. No. 511NINETY-FOURTH SESSION |
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28 | 28 | | (SENATE AUTHORS: MANN and Gustafson) |
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29 | 29 | | OFFICIAL STATUSD-PGDATE |
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30 | 30 | | Introduction and first reading01/23/2025 |
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31 | 31 | | Referred to Judiciary and Public Safety 2.1 (1) employment as a peace officer in the state of Minnesota within the past year; or |
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32 | 32 | | 2.2 (2) completion of a firearms safety or training course providing basic training in the safe |
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33 | 33 | | 2.3use of a firearm and conducted by a certified instructor. |
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34 | 34 | | 2.4 (b) Basic training must include: |
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35 | 35 | | 2.5 (1) instruction in the fundamentals of firearm use, including firearm mechanics and |
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36 | 36 | | 2.6operation, safe handling and storage, and injury and suicide prevention; |
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37 | 37 | | 2.7 (2) successful completion of an actual shooting qualification exercise; and |
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38 | 38 | | 2.8 (3) instruction in the fundamental legal aspects of firearm possession, carry, and use, |
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39 | 39 | | 2.9including self-defense and the restrictions on the use of deadly force. |
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40 | 40 | | 2.10 (c) The certified instructor must issue a certificate to a person who has completed a |
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41 | 41 | | 2.11firearms safety or training course described in paragraph (b). The certificate must be signed |
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42 | 42 | | 2.12and dated by the instructor and attest that the person attended and completed the course. |
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43 | 43 | | 2.13 (d) A person qualifies as a certified instructor if the person is certified as a firearms |
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44 | 44 | | 2.14instructor within the past five years by an organization or government entity that has been |
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45 | 45 | | 2.15approved by the Department of Public Safety in accordance with the department's standards. |
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46 | 46 | | 2.16 Subd. 4.Scope.Except as otherwise provided in subdivision 8, this section applies to |
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47 | 47 | | 2.17all sales of firearms regardless of whether the parties involved are firearms dealers or |
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48 | 48 | | 2.18unlicensed persons. |
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49 | 49 | | 2.19 Subd. 5.Record of safety training; required information.(a) All parties to a sale of |
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50 | 50 | | 2.20a firearm must complete a record of safety training on a form designed and made publicly |
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51 | 51 | | 2.21available without fee for this purpose by the superintendent of the Bureau of Criminal |
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52 | 52 | | 2.22Apprehension. Each page of the record must be signed and dated by the parties and contain |
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53 | 53 | | 2.23the serial number of the firearm. |
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54 | 54 | | 2.24 (b) The record must contain the following information: |
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55 | 55 | | 2.25 (1) a clear copy of each person's current state or federally issued identification; and |
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56 | 56 | | 2.26 (2) a clear copy of the firearms safety training certificate of the purchaser or person |
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57 | 57 | | 2.27otherwise taking ownership of the firearm, or proof that the person was employed as a peace |
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58 | 58 | | 2.28officer within the state of Minnesota within the year preceding the sale. |
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59 | 59 | | 2.29 (c) In addition, the record must include the following information: |
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60 | 60 | | 2.30 (1) the type of firearm; |
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61 | 61 | | 2.31 (2) the manufacturer, make, and model of the firearm; and |
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62 | 62 | | 2Section 1. |
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63 | 63 | | 25-01650 as introduced01/09/25 REVISOR KLL/RC 3.1 (3) the firearm's manufacturer-assigned serial number. |
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64 | 64 | | 3.2 (d) All parties to the sale must retain a copy of the record and any attachments to the |
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65 | 65 | | 3.3record for ten years from the date of the sale. A copy in digital form shall be acceptable for |
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66 | 66 | | 3.4the purposes of this paragraph. |
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67 | 67 | | 3.5 Subd. 6.Compulsory production of record of safety training; misdemeanor |
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68 | 68 | | 3.6penalty.(a) All parties to a sale of a firearm must produce the record of safety training |
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69 | 69 | | 3.7when a peace officer requests the record as part of a criminal investigation. |
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70 | 70 | | 3.8 (b) A person who refuses or is unable to produce the record in response to a request for |
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71 | 71 | | 3.9production made by a peace officer pursuant to paragraph (a) is guilty of a misdemeanor. |
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72 | 72 | | 3.10A prosecution or conviction for violation of this subdivision is not a bar to conviction of, |
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73 | 73 | | 3.11or punishment for, any other crime committed involving the sold firearm. |
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74 | 74 | | 3.12 Subd. 7.Immunity.A person is immune to a charge of violating this section if the person |
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75 | 75 | | 3.13presents a record of safety training that satisfies the requirements of subdivision 3. |
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76 | 76 | | 3.14 Subd. 8.Exclusions.(a) This section shall not apply to the following: |
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77 | 77 | | 3.15 (1) a sale to a firearms dealer; |
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78 | 78 | | 3.16 (2) a sale to any law enforcement agency; |
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79 | 79 | | 3.17 (3) a sale to an executor, administrator, trustee, or personal representative of an estate |
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80 | 80 | | 3.18or a trust that occurs by operation of law upon the death of the former owner of the firearm; |
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81 | 81 | | 3.19 (4) a sale of an antique firearm as defined in section 624.712, subdivision 3; |
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82 | 82 | | 3.20 (5) a sale of a curio or relic, as defined in Code of Federal Regulations, title 27, section |
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83 | 83 | | 3.21478.11, if the sale is between collectors of firearms as curios or relics as defined by United |
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84 | 84 | | 3.22States Code, title 18, section 921(a)(13), who each have in their possession a valid collector |
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85 | 85 | | 3.23of curio and relics license issued by the United States Department of Justice, Bureau of |
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86 | 86 | | 3.24Alcohol, Tobacco, Firearms and Explosives; and |
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87 | 87 | | 3.25 (6) a sale to or by an auctioneer who is in compliance with chapter 330 and acting in |
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88 | 88 | | 3.26the person's official role as an auctioneer to facilitate or conduct an auction of the firearm. |
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89 | 89 | | 3.27 Subd. 9.Consolidated record.Parties to a firearm sale under this section may use a |
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90 | 90 | | 3.28consolidated record of transfer form designed and made publicly available without fee for |
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91 | 91 | | 3.29this purpose by the superintendent of the Bureau of Criminal Apprehension that combines |
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92 | 92 | | 3.30the record keeping requirements of both this section and section 624.7134. |
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93 | 93 | | 3.31 EFFECTIVE DATE.This section is effective January 1, 2026, and applies to sales of |
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94 | 94 | | 3.32firearms occurring on or after that date. |
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95 | 95 | | 3Section 1. |
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96 | 96 | | 25-01650 as introduced01/09/25 REVISOR KLL/RC |
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