Bill Text: MN SF1617 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Firearms possession restoration for violent felons repeal
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2012-02-13 - Author added McGuire [SF1617 Detail]
Download: Minnesota-2011-SF1617-Introduced.html
1.2relating to public safety; eliminating the right of violent felons to petition the
1.3court to have their ability to possess a firearm restored; amending Minnesota
1.4Statutes 2010, sections 242.31, subdivision 2a; 260B.245, subdivision 1; 609.165,
1.5subdivisions 1a, 1b; 609A.03, subdivision 5a; 609B.611; 624.713, subdivision 2;
1.6repealing Minnesota Statutes 2010, section 609.165, subdivision 1d.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 242.31, subdivision 2a, is amended to read:
1.9 Subd. 2a. Crimes of violence; ineligibility to possess firearms. The order of
1.10discharge must provide that a person who has been convicted of a crime of violence, as
1.11defined in section624.712, subdivision 5 , is not entitled to ship, transport, possess, or
1.12receive a firearm for the remainder of the person's lifetime. Any person who has received
1.13such a discharge and who thereafter has received a relief of disability under United States
1.14Code, title 18, section 925,or whose ability to possess firearms has been restored under
1.15section
609.165, subdivision 1d, shall not be subject to the restrictions of this subdivision.
1.16EFFECTIVE DATE.This section is effective the day following final enactment.
1.17 Sec. 2. Minnesota Statutes 2010, section 260B.245, subdivision 1, is amended to read:
1.18 Subdivision 1. Effect. (a) No adjudication upon the status of any child in the
1.19jurisdiction of the juvenile court shall operate to impose any of the civil disabilities
1.20imposed by conviction, nor shall any child be deemed a criminal by reason of this
1.21adjudication, nor shall this adjudication be deemed a conviction of crime, except as
1.22otherwise provided in this section or section260B.255 . An extended jurisdiction juvenile
1.23conviction shall be treated in the same manner as an adult felony criminal conviction for
1.24purposes of the Sentencing Guidelines. The disposition of the child or any evidence given
2.1by the child in the juvenile court shall not be admissible as evidence against the child in
2.2any case or proceeding in any other court, except that an adjudication may later be used to
2.3determine a proper sentence, nor shall the disposition or evidence disqualify the child in
2.4any future civil service examination, appointment, or application.
2.5(b) A person who was adjudicated delinquent for, or convicted as an extended
2.6jurisdiction juvenile of, a crime of violence as defined in section624.712, subdivision 5 ,
2.7is not entitled to ship, transport, possess, or receive a firearm for the remainder of the
2.8person's lifetime. A person who has received a relief of disability under United States
2.9Code, title 18, section 925,or whose ability to possess firearms has been restored under
2.10section
609.165, subdivision 1d, is not subject to the restrictions of this subdivision.
2.11EFFECTIVE DATE.This section is effective the day following final enactment.
2.12 Sec. 3. Minnesota Statutes 2010, section 609.165, subdivision 1a, is amended to read:
2.13 Subd. 1a. Certain convicted felons ineligible to possess firearms. The order of
2.14discharge must provide that a person who has been convicted of a crime of violence, as
2.15defined in section624.712, subdivision 5 , is not entitled to ship, transport, possess, or
2.16receive a firearm for the remainder of the person's lifetime. Any person who has received
2.17such a discharge and who thereafter has received a relief of disability under United States
2.18Code, title 18, section 925,or whose ability to possess firearms has been restored under
2.19subdivision 1d, shall not be subject to the restrictions of this subdivision.
2.20EFFECTIVE DATE.This section is effective the day following final enactment.
2.21 Sec. 4. Minnesota Statutes 2010, section 609.165, subdivision 1b, is amended to read:
2.22 Subd. 1b. Violation and penalty. (a) Any person who has been convicted of a
2.23crime of violence, as defined in section624.712, subdivision 5 , and who ships, transports,
2.24possesses, or receives a firearm, commits a felony and may be sentenced to imprisonment
2.25for not more than 15 years or to payment of a fine of not more than $30,000, or both.
2.26(b) A conviction and sentencing under this section shall be construed to bar a
2.27conviction and sentencing for a violation of section624.713, subdivision 2 .
2.28(c) The criminal penalty in paragraph (a) does not apply to any person who has
2.29received a relief of disability under United States Code, title 18, section 925, or whose
2.30ability to possess firearms has been restored under subdivision 1d.
2.31EFFECTIVE DATE.This section is effective the day following final enactment.
2.32 Sec. 5. Minnesota Statutes 2010, section 609A.03, subdivision 5a, is amended to read:
3.1 Subd. 5a. Order concerning crimes of violence. An order expunging the record of
3.2a conviction for a crime of violence as defined in section624.712, subdivision 5 , must
3.3provide that the person is not entitled to ship, transport, possess, or receive a firearm for
3.4the remainder of the person's lifetime. Any person whose record of conviction is expunged
3.5under this section and who thereafter receives a relief of disability under United States
3.6Code, title 18, section 925,or whose ability to possess firearms has been restored under
3.7section
609.165, subdivision 1d, is not subject to the restriction in this subdivision.
3.8EFFECTIVE DATE.This section is effective the day following final enactment.
3.9 Sec. 6. Minnesota Statutes 2010, section 609B.611, is amended to read:
3.10609B.611 CRIME OF VIOLENCE; INELIGIBILITY TO POSSESS
3.11FIREARMS; RESTORATION OF CIVIL RIGHTS.
3.12(a) Under section242.31 , a person convicted of a crime of violence is not entitled to
3.13ship, transport, possess, or receive a firearm for the remainder of the person's lifetime,
3.14even after the person's civil rights have been restored, unless the exception under United
3.15States Code, title 18, section 925,or section
609.165, subdivision 1d, applies.
3.16(b) Under section609.165, subdivision 1a , a person convicted of a crime of violence
3.17is not entitled to ship, transport, possess, or receive a firearm for the remainder of the
3.18person's lifetime, even after the person's civil rights have been restored.
3.19EFFECTIVE DATE.This section is effective the day following final enactment.
3.20 Sec. 7. Minnesota Statutes 2010, section 624.713, subdivision 2, is amended to read:
3.21 Subd. 2. Penalties. (a) A person named in subdivision 1, clause (1), who possesses
3.22a pistol or semiautomatic military-style assault weapon is guilty of a felony and may
3.23be sentenced to imprisonment for not more than five years or to payment of a fine of
3.24not more than $10,000, or both.
3.25(b) A person named in subdivision 1, clause (2), who possesses any type of firearm
3.26is guilty of a felony and may be sentenced to imprisonment for not more than 15 years or
3.27to payment of a fine of not more than $30,000, or both. This paragraph does not apply
3.28to any person who has received a relief of disability under United States Code, title 18,
3.29section 925, or whose ability to possess firearms has been restored under section
609.165,
3.30subdivision 1d
3.31(c) A person named in any other clause of subdivision 1 who possesses any type of
3.32firearm is guilty of a gross misdemeanor.
4.1EFFECTIVE DATE.This section is effective the day following final enactment.
4.2 Sec. 8. REPEALER.
4.3Minnesota Statutes 2010, section 609.165, subdivision 1d, is repealed.
4.4EFFECTIVE DATE.This section is effective the day following final enactment.
1.3court to have their ability to possess a firearm restored; amending Minnesota
1.4Statutes 2010, sections 242.31, subdivision 2a; 260B.245, subdivision 1; 609.165,
1.5subdivisions 1a, 1b; 609A.03, subdivision 5a; 609B.611; 624.713, subdivision 2;
1.6repealing Minnesota Statutes 2010, section 609.165, subdivision 1d.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 242.31, subdivision 2a, is amended to read:
1.9 Subd. 2a. Crimes of violence; ineligibility to possess firearms. The order of
1.10discharge must provide that a person who has been convicted of a crime of violence, as
1.11defined in section
1.12receive a firearm for the remainder of the person's lifetime. Any person who has received
1.13such a discharge and who thereafter has received a relief of disability under United States
1.14Code, title 18, section 925,
1.15
1.16EFFECTIVE DATE.This section is effective the day following final enactment.
1.17 Sec. 2. Minnesota Statutes 2010, section 260B.245, subdivision 1, is amended to read:
1.18 Subdivision 1. Effect. (a) No adjudication upon the status of any child in the
1.19jurisdiction of the juvenile court shall operate to impose any of the civil disabilities
1.20imposed by conviction, nor shall any child be deemed a criminal by reason of this
1.21adjudication, nor shall this adjudication be deemed a conviction of crime, except as
1.22otherwise provided in this section or section
1.23conviction shall be treated in the same manner as an adult felony criminal conviction for
1.24purposes of the Sentencing Guidelines. The disposition of the child or any evidence given
2.1by the child in the juvenile court shall not be admissible as evidence against the child in
2.2any case or proceeding in any other court, except that an adjudication may later be used to
2.3determine a proper sentence, nor shall the disposition or evidence disqualify the child in
2.4any future civil service examination, appointment, or application.
2.5(b) A person who was adjudicated delinquent for, or convicted as an extended
2.6jurisdiction juvenile of, a crime of violence as defined in section
2.7is not entitled to ship, transport, possess, or receive a firearm for the remainder of the
2.8person's lifetime. A person who has received a relief of disability under United States
2.9Code, title 18, section 925,
2.10
2.11EFFECTIVE DATE.This section is effective the day following final enactment.
2.12 Sec. 3. Minnesota Statutes 2010, section 609.165, subdivision 1a, is amended to read:
2.13 Subd. 1a. Certain convicted felons ineligible to possess firearms. The order of
2.14discharge must provide that a person who has been convicted of a crime of violence, as
2.15defined in section
2.16receive a firearm for the remainder of the person's lifetime. Any person who has received
2.17such a discharge and who thereafter has received a relief of disability under United States
2.18Code, title 18, section 925,
2.19
2.20EFFECTIVE DATE.This section is effective the day following final enactment.
2.21 Sec. 4. Minnesota Statutes 2010, section 609.165, subdivision 1b, is amended to read:
2.22 Subd. 1b. Violation and penalty. (a) Any person who has been convicted of a
2.23crime of violence, as defined in section
2.24possesses, or receives a firearm, commits a felony and may be sentenced to imprisonment
2.25for not more than 15 years or to payment of a fine of not more than $30,000, or both.
2.26(b) A conviction and sentencing under this section shall be construed to bar a
2.27conviction and sentencing for a violation of section
2.28(c) The criminal penalty in paragraph (a) does not apply to any person who has
2.29received a relief of disability under United States Code, title 18, section 925
2.30
2.31EFFECTIVE DATE.This section is effective the day following final enactment.
2.32 Sec. 5. Minnesota Statutes 2010, section 609A.03, subdivision 5a, is amended to read:
3.1 Subd. 5a. Order concerning crimes of violence. An order expunging the record of
3.2a conviction for a crime of violence as defined in section
3.3provide that the person is not entitled to ship, transport, possess, or receive a firearm for
3.4the remainder of the person's lifetime. Any person whose record of conviction is expunged
3.5under this section and who thereafter receives a relief of disability under United States
3.6Code, title 18, section 925,
3.7
3.8EFFECTIVE DATE.This section is effective the day following final enactment.
3.9 Sec. 6. Minnesota Statutes 2010, section 609B.611, is amended to read:
3.10609B.611 CRIME OF VIOLENCE; INELIGIBILITY TO POSSESS
3.11FIREARMS; RESTORATION OF CIVIL RIGHTS.
3.12(a) Under section
3.13ship, transport, possess, or receive a firearm for the remainder of the person's lifetime,
3.14even after the person's civil rights have been restored, unless the exception under United
3.15States Code, title 18, section 925,
3.16(b) Under section
3.17is not entitled to ship, transport, possess, or receive a firearm for the remainder of the
3.18person's lifetime, even after the person's civil rights have been restored.
3.19EFFECTIVE DATE.This section is effective the day following final enactment.
3.20 Sec. 7. Minnesota Statutes 2010, section 624.713, subdivision 2, is amended to read:
3.21 Subd. 2. Penalties. (a) A person named in subdivision 1, clause (1), who possesses
3.22a pistol or semiautomatic military-style assault weapon is guilty of a felony and may
3.23be sentenced to imprisonment for not more than five years or to payment of a fine of
3.24not more than $10,000, or both.
3.25(b) A person named in subdivision 1, clause (2), who possesses any type of firearm
3.26is guilty of a felony and may be sentenced to imprisonment for not more than 15 years or
3.27to payment of a fine of not more than $30,000, or both. This paragraph does not apply
3.28to any person who has received a relief of disability under United States Code, title 18,
3.29section 925
3.30
3.31(c) A person named in any other clause of subdivision 1 who possesses any type of
3.32firearm is guilty of a gross misdemeanor.
4.1EFFECTIVE DATE.This section is effective the day following final enactment.
4.2 Sec. 8. REPEALER.
4.3Minnesota Statutes 2010, section 609.165, subdivision 1d, is repealed.
4.4EFFECTIVE DATE.This section is effective the day following final enactment.
