A bill for an act
relating to public safety; requiring criminal background checks for firearms
transfers; modifying grounds for disqualification of transferee permit; amending
Minnesota Statutes 2020, sections 624.7131; 624.7132; proposing coding for new
law in Minnesota Statutes, chapter 624.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 624.7131, is amended to read:


624.7131 TRANSFEREE PERMIT; PENALTY.

Subdivision 1.

Information.

Any person may apply for a transferee permit by providing
the following information in writing to the chief of police of an organized full time police
department of the municipality in which the person resides or to the county sheriff if there
is no such local chief of police:

(1) the name, residence, telephone number, and driver's license number or
nonqualification certificate number, if any, of the proposed transferee;

(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical
characteristics, if any, of the proposed transferee;

(3) a statement that the proposed transferee authorizes the release to the local police
authority of commitment information about the proposed transferee maintained by the
commissioner of human services, to the extent that the information relates to the proposed
transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon
under section 624.713, subdivision 1; and

(4) a statement by the proposed transferee that the proposed transferee is not prohibited
by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon.

The statements shall be signed and dated by the person applying for a permit. At the
time of application, the local police authority shall provide the applicant with a dated receipt
for the application. The statement under clause (3) must comply with any applicable
requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect
to consent to disclosure of alcohol or drug abuse patient records.

Subd. 2.

Investigation.

The chief of police or sheriff shall check criminal histories,
records and warrant information relating to the applicant through the Minnesota Crime
Information System, the national criminal record repository, and the National Instant Criminal
Background Check System. The chief of police or sheriff shall also make a reasonable effort
to check other available state and local record-keeping systems. The chief of police or sheriff
shall obtain commitment information from the commissioner of human services as provided
in section 245.041.

Subd. 3.

Forms.

Chiefs of police and sheriffs shall make transferee permit application
forms available throughout the community. There shall be no charge for forms, reports,
investigations, notifications, waivers or any other act performed or materials provided by
a government employee or agency in connection with application for or issuance of a
transferee permit.

Subd. 4.

Grounds for disqualification.

deleted text beginA determination bydeleted text endnew text begin (a)new text end The chief of police or
sheriff deleted text beginthatdeleted text endnew text begin shall refuse to grant a transferee permit ifnew text end the applicant is prohibited by deleted text beginsection
624.713
deleted text endnew text begin state or federal lawnew text end from possessing a pistol or semiautomatic military-style assault
weapon deleted text beginshall be the only basis for refusal to grant a transferee permitdeleted text endnew text begin or is determined to
be a danger to self or others under paragraph (b)
new text end.

new text begin (b) A chief of police or sheriff shall refuse to grant a permit to a person who is a danger
to self or others. The decision of the chief of police or sheriff must be based on documented
past contact with law enforcement. A notice of disqualification issued pursuant to this
paragraph must describe and document the specific law enforcement contact or contacts
relied upon to deny the permit.
new text end

new text begin (c) A person is not eligible to submit a permit application under this section if the person
has had an application denied pursuant to paragraph (b) and less than six months have
elapsed since the denial was issued or the person's appeal under subdivision 8 was denied,
whichever is later.
new text end

new text begin (d) A chief of police or sheriff who denies a permit application pursuant to paragraph
(b) must provide a copy of the notice of disqualification to the chief of police or sheriff with
joint jurisdiction over the proposed transferee's residence.
new text end

Subd. 5.

Granting of permits.

new text begin(a) new text endThe chief of police or sheriff shall issue a transferee
permit or deny the application within seven days of application for the permit.

new text begin (b) In the case of a denial,new text end the chief of police or sheriff shall provide an applicant with
written notification of a denial and the specific reason for the denial.

new text begin (c)new text end The permits and their renewal shall be granted free of charge.

Subd. 6.

Permits valid statewide.

Transferee permits issued pursuant to this section are
valid statewide and shall expire after one year. A transferee permit may be renewed in the
same manner and subject to the same provisions by which the original permit was obtained,
except that all renewed permits must comply with the standards adopted by the commissioner
under section 624.7151. Permits issued pursuant to this section are not transferable. A person
who transfers a permit in violation of this subdivision is guilty of a misdemeanor.

Subd. 7.

Permit voidednew text begin; revocationnew text end.

new text begin(a) new text endThe transferee permit shall be void at the time
that the holder becomes prohibited from possessing new text beginor receiving new text enda pistol under section
624.713, in which event the holder shall return the permit within five days to the issuing
authority. new text beginIf the chief law enforcement officer who issued the permit has knowledge that
the permit holder is ineligible to possess firearms, the chief law enforcement officer must
revoke the permit and give notice to the holder in writing.
new text endFailure of the holder to return
the permit within the five days new text beginof learning that the permit is void or revoked new text endis a new text begingross
new text end misdemeanor unless the court finds that the circumstances or the physical or mental condition
of the permit holder prevented the holder from complying with the return requirement.

new text begin (b) When a permit holder receives a court disposition that prohibits the permit holder
from possessing a firearm, the court must take possession of the permit, if it is available,
and send it to the issuing law enforcement agency. If the permit holder does not have the
permit when the court imposes a firearm prohibition, the permit holder must surrender the
permit to the assigned probation officer, if applicable. When a probation officer is assigned
upon disposition of the case, the court shall inform the probation agent of the permit holder's
obligation to surrender the permit. Upon surrender, the probation officer must send the
permit to the issuing law enforcement agency. If a probation officer is not assigned to the
permit holder, the holder shall surrender the permit as provided for in paragraph (a).
new text end

Subd. 8.

Hearing upon denial.

Any person aggrieved by denial of a transferee permit
may appeal the denial to the district court having jurisdiction over the county or municipality
in which the denial occurred.

Subd. 9.

Permit to carry.

A valid permit to carry issued pursuant to section 624.714
constitutes a transferee permit for the purposes of this section and deleted text beginsectiondeleted text endnew text begin sectionsnew text end 624.7132new text begin
and 624.7134
new text end.

deleted text begin Subd. 10. deleted text end

deleted text begin Transfer report not required. deleted text end

deleted text begin A person who transfers a pistol or
semiautomatic military-style assault weapon to a person exhibiting a valid transferee permit
issued pursuant to this section or a valid permit to carry issued pursuant to section 624.714
is not required to file a transfer report pursuant to section 624.7132, subdivision 1.
deleted text end

Subd. 11.

Penalty.

A person who makes a false statement in order to obtain a transferee
permit knowing or having reason to know the statement is false is guilty of a deleted text begingross
misdemeanor
deleted text endnew text begin felonynew text end.

Subd. 12.

Local regulation.

This section shall be construed to supersede municipal or
county regulation of the issuance of transferee permits.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2020, section 624.7132, is amended to read:


624.7132 REPORT OF TRANSFER.

Subdivision 1.

Required information.

Except as provided in this section and section
624.7131, every person who agrees to transfer a pistol or semiautomatic military-style
assault weapon shall report the following information in writing to the chief of police of
the organized full-time police department of the municipality where the proposed transferee
resides or to the appropriate county sheriff if there is no such local chief of police:

(1) the name, residence, telephone number, and driver's license number or
nonqualification certificate number, if any, of the proposed transferee;