Subd. 2.

Firearms data.

All data pertaining to the purchase or transfer of firearms, the
possession of assault weapons, and applications for permits to carry firearms which that are
collected by government entities pursuant to sections 624.712 to 624.719 are private, pursuant
to section 13.02, subdivision 12 data on individuals.

Subd. 1a.

Felony crimes; suppressors silencers prohibited; reckless discharge.

(a)
Except as otherwise permitted in subdivision 1i, whoever does any of the following is guilty
of a felony and may be sentenced as provided in paragraph (b):

(1) sells or has in possession a suppressor that is not lawfully possessed under federal
law any device designed to silence or muffle the discharge of a firearm;

(2) intentionally discharges a firearm under circumstances that endanger the safety of
another; or

(3) recklessly discharges a firearm within a municipality.

(b) A person convicted under paragraph (a) may be sentenced as follows:

(1) if the act was a violation of paragraph (a), clause (2), or if the act was a violation of
paragraph (a), clause (1) or (3), and was committed in a public housing zone, as defined in
section 152.01, subdivision 19, a school zone, as defined in section 152.01, subdivision
14a, or a park zone, as defined in section 152.01, subdivision 12a, to imprisonment for not
more than five years or to payment of a fine of not more than $10,000, or both; or

(2) otherwise, to imprisonment for not more than two years or to payment of a fine of
not more than $5,000, or both.

(c) As used in this subdivision, “suppressor” means any device for silencing, muffling,
or diminishing the report of a portable firearm, including any combination of parts, designed
or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm
muffler, and any part intended only for use in such assembly or fabrication.

Subdivision 1.

Definitions.

(a) “Machine gun” means any firearm designed to discharge,
or capable of discharging automatically more than once by a single function of the trigger.

(b) “Shotgun” means a weapon designed, redesigned, made or remade which is intended
to be fired from the shoulder and uses the energy of the explosive in a fixed shotgun shell
to fire through a smooth bore either a number of ball shot or a single projectile for each
single pull of the trigger.

(c) “Short-barreled shotgun” means a shotgun having one or more barrels less than 18
inches in length and any weapon made from a shotgun if such weapon as modified has an
overall length less than 26 inches.

(d) “Trigger activator” means a removable manual or power driven trigger activating
device constructed and designed so that, when attached to a firearm, the rate at which the
trigger may be pulled increases and the rate of fire of the firearm increases to approximate
that of a machine gun. For purposes of this section, a device that is designed to use the recoil
of a semiautomatic firearm to enable a shooter to fire multiple shots in rapid succession,
commonly known as a slide-fire or bump-fire stock, is a trigger activator.

(e) “Machine gun conversion kit” means any part or combination of parts designed and
intended for use in converting a weapon into a machine gun, and any combination of parts
from which a machine gun can be assembled, but does not include a spare or replacement
part for a machine gun that is possessed lawfully under section 609.67, subdivision 3.

Subd. 6.

Transfer.

“Transfer” means a sale, gift, loan, assignment or other delivery to
another, whether or not for consideration, of a pistol or semiautomatic military-style assault
weapon firearm or the frame or receiver of a pistol or semiautomatic military-style assault
weapon firearm.

Subd. 7.

Semiautomatic military-style Assault weapon.

(a) “Semiautomatic
military-style Assault weapon” means any:

(1) any of the following firearms:

(i) Avtomat Kalashnikov (AK-47) semiautomatic rifle type;

(ii) Beretta AR-70 and BM-59 semiautomatic rifle types;

(iii) Colt AR-15 semiautomatic rifle type;

(iv) Daewoo Max-1 and Max-2 semiautomatic rifle types;

(v) Famas MAS semiautomatic rifle type;

(vi) Fabrique Nationale FN-LAR and FN-FNC semiautomatic rifle types;

(vii) Galil semiautomatic rifle type;

(viii) Heckler & Koch HK-91, HK-93, and HK-94 semiautomatic rifle types;

(ix) Ingram MAC-10 and MAC-11 semiautomatic pistol and carbine types;

(x) Intratec TEC-9 semiautomatic pistol type;

(xi) Sigarms SIG 550SP and SIG 551SP semiautomatic rifle types;

(xii) SKS with detachable magazine semiautomatic rifle type;

(xiii) Steyr AUG semiautomatic rifle type;

(xiv) Street Sweeper and Striker-12 revolving-cylinder shotgun types;

(xv) USAS-12 semiautomatic shotgun type;

(xvi) Uzi semiautomatic pistol and carbine types; or

(xvii) Valmet M76 and M78 semiautomatic rifle types;

(2) any firearm that is another model made by the same manufacturer as one of the
firearms listed in clause (1), and has the same action design as one of the listed firearms,
and is a redesigned, renamed, or renumbered version of one of the firearms listed in clause
(1), or has a slight modification or enhancement, including but not limited to a folding or
retractable stock; adjustable sight; case deflector for left-handed shooters; shorter barrel;
wooden, plastic, or metal stock; larger clip size; different caliber; or a bayonet mount; and

(3) any firearm that has been manufactured or sold by another company under a licensing
agreement with a manufacturer of one of the firearms listed in clause (1) entered into after
the effective date of Laws 1993, chapter 326, to manufacture or sell firearms that are identical
or nearly identical to those listed in clause (1), or described in clause (2), regardless of the
company of production or country of origin.

The weapons listed in clause (1), except those listed in items (iii), (ix), (x), (xiv), and
(xv), are the weapons the importation of which was barred by the Bureau of Alcohol,
Tobacco, and Firearms of the United States Department of the Treasury in July 1989.

Except as otherwise specifically provided in paragraph (d), a firearm is not a
“semiautomatic military-style assault weapon” if it is generally recognized as particularly
suitable for or readily adaptable to sporting purposes under United States Code, title 18,
section 925, paragraph (d)(3), or any regulations adopted pursuant to that law.

(1) semiautomatic rifle that has the capacity to accept a detachable magazine and has
one or more of the following:

(i) a pistol grip or thumbhole stock;

(ii) any feature capable of functioning as a protruding grip that can be held by the
nontrigger hand;

(iii) a folding or telescoping stock; or

(iv) a shroud attached to the barrel or that partially or completely encircles the barrel
allowing the bearer to hold the firearm with the nontrigger hand without being burned, but
excluding a slide that encloses the barrel;

(2) semiautomatic pistol, or any semiautomatic, centerfire, or rimfire rifle with a fixed
magazine, that has the capacity to accept more than seven rounds of ammunition;

(3) semiautomatic pistol that has the capacity to accept a detachable magazine and has
one or more of the following:

(i) any feature capable of functioning as a protruding grip that can be held by the
nontrigger hand;

(ii) a folding, telescoping, or thumbhole stock;

(iii) a shroud attached to the barrel or that partially or completely encircles the barrel
allowing the bearer to hold the firearm with the nontrigger hand without being burned, but
excluding a slide that encloses the barrel; or

(iv) the capacity to accept a detachable magazine at any location outside of the pistol
grip;

(4) semiautomatic shotgun that has one or more of the following:

(i) a pistol grip or thumbhole stock;

(ii) any feature capable of functioning as a protruding grip that can be held by the
nontrigger hand;

(iii) a folding or telescoping stock;

(iv) a fixed magazine capacity in excess of seven rounds; or

(v) an ability to accept a detachable magazine;

(5) shotgun with a revolving cylinder; or

(6) conversion kit, part, or combination of parts from which an assault weapon can be
assembled if those parts are in the possession or under the control of the same person.

(b) Assault weapon does not include any firearm that has been made permanently
inoperable.

Subdivision 1.

Ineligible persons.

The following persons shall not be entitled to possess
ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause
(1), any other firearm:

(1) a person under the age of 18 years except that a person under 18 may possess
ammunition designed for use in a firearm that the person may lawfully possess and may
carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual
presence or under the direct supervision of the person’s parent or guardian, (ii) for the
purpose of military drill under the auspices of a legally recognized military organization
and under competent supervision, (iii) for the purpose of instruction, competition, or target
practice on a firing range approved by the chief of police or county sheriff in whose
jurisdiction the range is located and under direct supervision; or (iv) if the person has
successfully completed a course designed to teach marksmanship and safety with a pistol
or semiautomatic military-style assault weapon and approved by the commissioner of natural
resources;

(2) except as otherwise provided in clause (9), a person who has been convicted of, or
adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in
this state or elsewhere, a crime of violence. For purposes of this section, crime of violence
includes crimes in other states or jurisdictions which would have been crimes of violence
as herein defined if they had been committed in this state;

(3) a person who is or has ever been committed in Minnesota or elsewhere by a judicial
determination that the person is mentally ill, developmentally disabled, or mentally ill and
dangerous to the public, as defined in section 253B.02, to a treatment facility, or who has
ever been found incompetent to stand trial or not guilty by reason of mental illness, unless
the person’s ability to possess a firearm and ammunition has been restored under subdivision
4;

(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
gross misdemeanor violation of chapter 152, unless three years have elapsed since the date
of conviction and, during that time, the person has not been convicted of any other such
violation of chapter 152 or a similar law of another state; or a person who is or has ever
been committed by a judicial determination for treatment for the habitual use of a controlled
substance or marijuana, as defined in sections 152.01 and 152.02, unless the person’s ability
to possess a firearm and ammunition has been restored under subdivision 4;

(5) a person who has been committed to a treatment facility in Minnesota or elsewhere
by a judicial determination that the person is chemically dependent as defined in section
253B.02, unless the person has completed treatment or the person’s ability to possess a
firearm and ammunition has been restored under subdivision 4. Property rights may not be
abated but access may be restricted by the courts;

(6) a peace officer who is informally admitted to a treatment facility pursuant to section
253B.04 for chemical dependency, unless the officer possesses a certificate from the head
of the treatment facility discharging or provisionally discharging the officer from the
treatment facility. Property rights may not be abated but access may be restricted by the
courts;

(7) a person, including a person under the jurisdiction of the juvenile court, who has
been charged with committing a crime of violence and has been placed in a pretrial diversion
program by the court before disposition, until the person has completed the diversion program
and the charge of committing the crime of violence has been dismissed;

(8) except as otherwise provided in clause (9), a person who has been convicted in
another state of committing an offense similar to the offense described in section 609.224,
subdivision 3, against a family or household member or section 609.2242, subdivision 3,
unless three years have elapsed since the date of conviction and, during that time, the person
has not been convicted of any other violation of section 609.224, subdivision 3, or 609.2242,
subdivision 3, or a similar law of another state;

(9) a person who has been convicted in this state or elsewhere of assaulting a family or
household member and who was found by the court to have used a firearm in any way
during commission of the assault is prohibited from possessing any type of firearm or
ammunition for the period determined by the sentencing court;

(10) a person who:

(i) has been convicted in any court of a crime punishable by imprisonment for a term
exceeding one year;

(ii) is a fugitive from justice as a result of having fled from any state to avoid prosecution
for a crime or to avoid giving testimony in any criminal proceeding;

(iii) is an unlawful user of any controlled substance as defined in chapter 152;

(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere as
a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the
public, as defined in section 253B.02;

(v) is an alien who is illegally or unlawfully in the United States;

(vi) has been discharged from the armed forces of the United States under dishonorable
conditions;

(vii) has renounced the person’s citizenship having been a citizen of the United States;
or

(viii) is disqualified from possessing a firearm under United States Code, title 18, section
922(g)(8) or (9), as amended through March 1, 2014;

(11) a person who has been convicted of the following offenses at the gross misdemeanor
level, unless three years have elapsed since the date of conviction and, during that time, the
person has not been convicted of any other violation of these sections: section 609.229
(crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults motivated
by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a child);
609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring gun); 609.71
(riot); or 609.749 (stalking). For purposes of this paragraph, the specified gross misdemeanor
convictions include crimes committed in other states or jurisdictions which would have
been gross misdemeanors if conviction occurred in this state;

(12) a person who has been convicted of a violation of section 609.224 if the court
determined that the assault was against a family or household member in accordance with
section 609.2242, subdivision 3 (domestic assault), unless three years have elapsed since
the date of conviction and, during that time, the person has not been convicted of another
violation of section 609.224 or a violation of a section listed in clause (11); or

(13) a person who is subject to an order for protection as described in section 260C.201,
subdivision 3, paragraph (d), or 518B.01, subdivision 6, paragraph (g); or

(14) a person who is subject to an order issued under section 518A.681 for failure to
pay court-ordered child support or maintenance.

A person who issues a certificate pursuant to this section in good faith is not liable for
damages resulting or arising from the actions or misconduct with a firearm or ammunition
committed by the individual who is the subject of the certificate.

The prohibition in this subdivision relating to the possession of firearms other than
pistols and semiautomatic military-style assault weapons does not apply retroactively to
persons who are prohibited from possessing a pistol or semiautomatic military-style assault
weapon under this subdivision before August 1, 1994.

The lifetime prohibition on possessing, receiving, shipping, or transporting firearms and
ammunition for persons convicted or adjudicated delinquent of a crime of violence in clause
(2), applies only to offenders who are discharged from sentence or court supervision for a
crime of violence on or after August 1, 1993.

For purposes of this section, “judicial determination” means a court proceeding pursuant
to sections 253B.07 to 253B.09 or a comparable law from another state.

Subd. 1a.

Ineligible to receive, ship, transport.

A person presently charged with a
crime punishable by imprisonment for a term exceeding one year shall not be entitled to
receive, ship, or transport any pistol or semiautomatic military-style assault weapon or
ammunition designed for use in a pistol or semiautomatic military-style assault weapon a
firearm or ammunition. A violation of this subdivision is a gross misdemeanor.

Subd. 3.

Notice.

(a) When a person is convicted of, or adjudicated delinquent or convicted
as an extended jurisdiction juvenile for committing, a crime of violence as defined in section
624.712, subdivision 5, the court shall inform the defendant that the defendant is prohibited
from possessing ammunition or a pistol or semiautomatic military-style assault weapon
firearm for the remainder of the person’s lifetime, and that it is a felony offense to violate
this prohibition. The failure of the court to provide this information to a defendant does not
affect the applicability of the ammunition or pistol or semiautomatic military-style assault
weapon firearm possession prohibition or the felony penalty to that defendant.

(b) When a person, including a person under the jurisdiction of the juvenile court, is
charged with committing a crime of violence and is placed in a pretrial diversion program
by the court before disposition, the court shall inform the defendant that: (1) the defendant
is prohibited from possessing a pistol or semiautomatic military-style assault weapon firearm
or ammunition designed for use in a pistol or semiautomatic military-style assault weapon
until the person has completed the diversion program and the charge of committing a crime
of violence has been dismissed; (2) it is a gross misdemeanor offense to violate this
prohibition; and (3) if the defendant violates this condition of participation in the diversion
program, the charge of committing a crime of violence may be prosecuted. The failure of
the court to provide this information to a defendant does not affect the applicability of the
ammunition or pistol or semiautomatic military-style assault weapon firearm possession
prohibition or the gross misdemeanor penalty to that defendant.

(c) A court shall notify a person subject to subdivision 1, clause (3), of the prohibitions
described in that clause and those described in United States Code, title 18, sections 922(d)(4)
and 922(g)(4).

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
firearm 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
firearm.

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. 4.

Grounds for disqualification.

A determination by the chief of police or sheriff
that the applicant is prohibited by section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon firearm shall be the only basis for refusal to grant a transferee
permit.

Subd. 7.

Permit voided.

The transferee permit shall be void at the time that the holder
becomes prohibited from possessing a pistol firearm under section 624.713, in which event
the holder shall return the permit within five days to the issuing authority. Failure of the
holder to return the permit within the five days is a 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.

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 firearm 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;

(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
firearm under section 624.713, subdivision 1;

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

(5) the address of the place of business of the transferor.

The report shall be signed and dated by the transferor and the proposed transferee. The
report shall be delivered by the transferor to the chief of police or sheriff no later than three
days after the date of the agreement to transfer, excluding weekends and legal holidays.
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. 3.

Notification.

The chief of police or sheriff shall notify the transferor and
proposed transferee in writing as soon as possible if the chief or sheriff determines that the
proposed transferee is prohibited by section 624.713 from possessing a pistol or
semiautomatic military-style assault weapon firearm. The notification to the transferee shall
specify the grounds for the disqualification of the proposed transferee and shall set forth in
detail the transferee’s right of appeal under subdivision 13.

Subd. 4.

Delivery.

Except as otherwise provided in subdivision 7 or 8, no person shall
deliver a pistol or semiautomatic military-style assault weapon firearm to a proposed
transferee until five business days after the date the agreement to transfer is delivered to a
chief of police or sheriff in accordance with subdivision 1 unless the chief of police or sheriff
waives all or a portion of the seven-day waiting period. The chief of police or sheriff may
waive all or a portion of the five business day waiting period in writing if the chief of police
or sheriff finds that the transferee requires access to a pistol or semiautomatic military-style
assault weapon firearm because of a threat to the life of the transferee or of any member of
the household of the transferee.

No person shall deliver a pistol or semiautomatic military-style assault weapon firearm
to a proposed transferee after receiving a written notification that the chief of police or
sheriff has determined that the proposed transferee is prohibited by section 624.713 from
possessing a pistol or semiautomatic military-style assault weapon firearm.

If the transferor makes a report of transfer and receives no written notification of
disqualification of the proposed transferee within five business days after delivery of the
agreement to transfer, the pistol or semiautomatic military-style assault weapon firearm
may be delivered to the transferee.

Subd. 5.

Grounds for disqualification.

A determination by the chief of police or sheriff
that the proposed transferee is prohibited by section 624.713 from possessing a pistol or
semiautomatic military-style assault weapon firearm shall be the sole basis for a notification
of disqualification under this section.

Subd. 6.

Transferee permit.

If a chief of police or sheriff determines that a transferee
is not a person prohibited by section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon firearm, the transferee may, within 30 days after the
determination, apply to that chief of police or sheriff for a transferee permit, and the permit
shall be issued.

Subd. 8.

Report not required.

If the proposed transferee presents a valid transferee
permit issued under section 624.7131 or a valid permit to carry issued under section 624.714,
the transferor need not file a transfer report, but shall (i) wait at least two days to complete
the transfer, and (ii) file a record of transfer pursuant to subdivision 8a.

Subd. 9.

Number of pistols or semiautomatic military-style assault weapons firearms.

Any number of pistols or semiautomatic military-style assault weapons firearms may be
the subject of a single transfer agreement and report to the chief of police or sheriff. Nothing
in this section or section 624.7131 shall be construed to limit or restrict the number of pistols
or semiautomatic military-style assault weapons firearms a person may acquire.

Subd. 12.

Exclusions.

Except as otherwise provided in section 609.66, subdivision 1f,
This section shall not apply to transfers of antique firearms as curiosities or for their historical
significance or value, transfers to or between federally licensed firearms dealers, transfers
by order of court, involuntary transfers, transfers at death or the following transfers:

(1) a transfer by a person other than a federally licensed firearms dealer;

(2) a loan to a prospective transferee if the loan is intended for a period of no more than
one day;

(3) the delivery of a pistol or semiautomatic military-style assault weapon firearm to a
person for the purpose of repair, reconditioning or remodeling;

(4) (2) a loan by a teacher to a student in a course designed to teach marksmanship or
safety with a pistol and approved by the commissioner of natural resources;

(5) a loan between persons at a firearms collectors exhibition;

(6) (3) a loan between persons lawfully engaged in hunting or target shooting if the loan
is intended for a period of no more than 12 hours;

(7) (4) a loan between law enforcement officers who have the power to make arrests
other than citizen arrests; and

(8) (5) a loan between employees or between the employer and an employee in a business
if the employee is required to carry a pistol or semiautomatic military-style assault weapon
firearm by reason of employment and is the holder of a valid permit to carry a pistol.

Subd. 15.

Penalties.

(a) Except as otherwise provided in paragraph (b), a person who
does any of the following is guilty of a gross misdemeanor:

(1) transfers a pistol or semiautomatic military-style assault weapon firearm in violation
of subdivisions 1 to 13;

(2) transfers a pistol or semiautomatic military-style assault weapon firearm to a person
who has made a false statement in order to become a transferee, if the transferor knows or
has reason to know the transferee has made the false statement;

(3) knowingly becomes a transferee in violation of subdivisions 1 to 13; or

(4) makes a false statement in order to become a transferee of a pistol or semiautomatic
military-style assault weapon firearm knowing or having reason to know the statement is
false.

(b) A person who does either any of the following is guilty of a felony:

(1) transfers a pistol or semiautomatic military-style assault weapon firearm to a person
under the age of 18 in violation of subdivisions 1 to 13; or

(2) transfers a pistol or semiautomatic military-style assault weapon firearm to a person
under the age of 18 who has made a false statement in order to become a transferee, if the
transferor knows or has reason to know the transferee has made the false statement.