Bill Text: MN SF2305 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Firearms registry for adults volunteering to be denied a firearms permit
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2012-03-08 - Referred to Health and Human Services [SF2305 Detail]
Download: Minnesota-2011-SF2305-Introduced.html
1.2relating to human services; requiring the commissioner of human services to
1.3establish a voluntary registry; requiring the commissioner of human services
1.4to release information for purposes of firearms background checks; amending
1.5Minnesota Statutes 2010, sections 245.041; 624.7131, subdivisions 1, 2; 624.714,
1.6subdivisions 3, 4; proposing coding for new law in Minnesota Statutes, chapters
1.7214; 245.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. [214.165] FIREARMS REGISTRY; INFORMATION.
1.10Mental health professionals, as defined in section 245.462, subdivision 18,
1.11physicians licensed under chapter 147, and nurses licensed under section 148.171 to
1.12148.285, who are issued a credential by one of the health-related licensing boards shall
1.13provide to each patient or client the information sheet established by the commissioner of
1.14human services under section 245.0412 that describes the process by which the client or
1.15patient's name may voluntarily be placed on the registry to be denied a firearms permit.
1.16 Sec. 2. Minnesota Statutes 2010, section 245.041, is amended to read:
1.17245.041 PROVISION OF FIREARMS BACKGROUND CHECK
1.18INFORMATION.
1.19(a) Notwithstanding section253B.23, subdivision 9 , the commissioner of human
1.20services shall provide commitment information to local law enforcement agencies on an
1.21individual request basis by means of electronic data transfer from the Department of
1.22Human Services through the Minnesota Crime Information System for the sole purpose of
1.23facilitating a firearms background check under section624.7131 ,
624.7132 , or
624.714 .
2.1The information to be provided is limited to whether the person has been committed under
2.2chapter 253B and, if so, the type of commitment.
2.3(b) The commissioner of human services shall provide the names of adult individuals
2.4who have voluntarily placed their names on the commissioner's registry of individuals who
2.5wish to be denied a firearms permit to local law enforcement agencies on an individual
2.6request basis by means of electronic data transfer from the Department of Human Services
2.7through the Minnesota Crime Information System for the sole purpose of facilitating a
2.8firearms background check under section 624.7131, 624.7132, or 624.714.
2.9 Sec. 3. [245.0411] REGISTRY.
2.10The commission of human services shall establish and maintain a central registry
2.11of the names of adult persons who voluntarily submit a request to be denied a firearms
2.12permit. The commissioner shall establish a process for individuals to submit the request
2.13and to affirm their identity.
2.14 Sec. 4. [245.0412] DUTIES OF COMMISSIONER.
2.15(a) The commissioner shall establish forms to be submitted by individuals who wish
2.16to be denied a firearms permit. The commissioner shall make the forms available to health
2.17care providers, mental health providers, and to the public.
2.18(b) The commissioner shall develop an information sheet to be distributed to patients
2.19by health care and mental health professionals that describes how the patient can have
2.20the patient's name placed on the commissioner's registry.
2.21(c) The commissioner shall establish a retention schedule and a process by which
2.22individuals can have their name removed from the registry.
2.23(d) The commissioner shall provide access to the names reported under section
2.24245.0411, through electronic data transfer from the Department of Human Services to
2.25the Minnesota Crime Information System for the sole purpose of firearms background
2.26checks under section 624.7131, 624.7132, or 624.714. Data shall not be released for
2.27any other purpose.
2.28(e) The commissioner shall adopt rules to administer the registry and make
2.29information available through electronic data transfer to the Minnesota Crime Information
2.30System.
2.31 Sec. 5. [245.0413] DATA.
2.32Data on individuals collected by the commissioner under sections 245.0411 and
2.33245.0412 are private data on individuals as defined in section 13.02, subdivision 12, and
3.1may by used only for the purposes specified in sections 245.0411 and 245.0412 according
3.2to rules adopted by the commissioner.
3.3 Sec. 6. Minnesota Statutes 2010, section 624.7131, subdivision 1, is amended to read:
3.4 Subdivision 1. Information. Any person may apply for a transferee permit by
3.5providing the following information in writing to the chief of police of an organized full
3.6time police department of the municipality in which the person resides or to the county
3.7sheriff if there is no such local chief of police:
3.8(1) the name, residence, telephone number, and driver's license number or
3.9nonqualification certificate number, if any, of the proposed transferee;
3.10(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing
3.11physical characteristics, if any, of the proposed transferee;
3.12(3) a statement that the proposed transferee authorizes the release to the local
3.13police authority of commitment information and information contained in the voluntary
3.14registry established by section 245.0411 about the proposed transferee maintained by the
3.15commissioner of human services, to the extent that the information relates to the proposed
3.16transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon
3.17under section624.713, subdivision 1 ; and
3.18(4) a statement by the proposed transferee that the proposed transferee is not
3.19prohibited by section624.713 from possessing a pistol or semiautomatic military-style
3.20assault weapon.
3.21The statements shall be signed and dated by the person applying for a permit. At
3.22the time of application, the local police authority shall provide the applicant with a
3.23dated receipt for the application. The statement under clause (3) must comply with any
3.24applicable requirements of Code of Federal Regulations, title 42, sections2.31 to
2.35 ,
3.25with respect to consent to disclosure of alcohol or drug abuse patient records.
3.26 Sec. 7. Minnesota Statutes 2010, section 624.7131, subdivision 2, is amended to read:
3.27 Subd. 2. Investigation. The chief of police or sheriff shall check criminal histories,
3.28records and warrant information relating to the applicant through the Minnesota Crime
3.29Information System, the national criminal record repository, and the National Instant
3.30Criminal Background Check System. The chief of police or sheriff shall also make a
3.31reasonable effort to check other available state and local record-keeping systems. The
3.32chief of police or sheriff shall obtain commitment information and information contained
3.33in the voluntary registry established by section 245.0411 from the commissioner of human
3.34services as provided in section245.041 .
4.1 Sec. 8. Minnesota Statutes 2010, section 624.714, subdivision 3, is amended to read:
4.2 Subd. 3. Form and contents of application. (a) Applications for permits to carry
4.3must be an official, standardized application form, adopted under section624.7151 , and
4.4must set forth in writing only the following information:
4.5(1) the applicant's name, residence, telephone number, if any, and driver's license
4.6number or state identification card number;
4.7(2) the applicant's sex, date of birth, height, weight, and color of eyes and hair, and
4.8distinguishing physical characteristics, if any;
4.9(3) the township or statutory city or home rule charter city, and county, of all
4.10Minnesota residences of the applicant in the last five years, though not including specific
4.11addresses;
4.12(4) the township or city, county, and state of all non-Minnesota residences of the
4.13applicant in the last five years, though not including specific addresses;
4.14(5) a statement that the applicant authorizes the release to the sheriff of commitment
4.15information and information contained in the voluntary registry established by section
4.16245.0411 about the applicant maintained by the commissioner of human services or any
4.17similar agency or department of another state where the applicant has resided, to the extent
4.18that the information relates to the applicant's eligibility to possess a firearm; and
4.19(6) a statement by the applicant that, to the best of the applicant's knowledge and
4.20belief, the applicant is not prohibited by law from possessing a firearm.
4.21(b) The statement under paragraph (a), clause (5), must comply with any applicable
4.22requirements of Code of Federal Regulations, title 42, sections2.31 to
2.35 , with respect
4.23to consent to disclosure of alcohol or drug abuse patient records.
4.24(c) An applicant must submit to the sheriff an application packet consisting only of
4.25the following items:
4.26(1) a completed application form, signed and dated by the applicant;
4.27(2) an accurate photocopy of the certificate described in subdivision 2a, paragraph
4.28(c), that is submitted as the applicant's evidence of training in the safe use of a pistol; and
4.29(3) an accurate photocopy of the applicant's current driver's license, state
4.30identification card, or the photo page of the applicant's passport.
4.31(d) In addition to the other application materials, a person who is otherwise ineligible
4.32for a permit due to a criminal conviction but who has obtained a pardon or expungement
4.33setting aside the conviction, sealing the conviction, or otherwise restoring applicable
4.34rights, must submit a copy of the relevant order.
4.35(e) Applications must be submitted in person.
5.1(f) The sheriff may charge a new application processing fee in an amount not
5.2to exceed the actual and reasonable direct cost of processing the application or $100,
5.3whichever is less. Of this amount, $10 must be submitted to the commissioner and
5.4deposited into the general fund.
5.5(g) This subdivision prescribes the complete and exclusive set of items an applicant
5.6is required to submit in order to apply for a new or renewal permit to carry. The applicant
5.7must not be asked or required to submit, voluntarily or involuntarily, any information, fees,
5.8or documentation beyond that specifically required by this subdivision. This paragraph
5.9does not apply to alternate training evidence accepted by the sheriff under subdivision
5.102a, paragraph (d).
5.11(h) Forms for new and renewal applications must be available at all sheriffs' offices
5.12and the commissioner must make the forms available on the Internet.
5.13(i) Application forms must clearly display a notice that a permit, if granted, is
5.14void and must be immediately returned to the sheriff if the permit holder is or becomes
5.15prohibited by law from possessing a firearm. The notice must list the applicable state
5.16criminal offenses and civil categories that prohibit a person from possessing a firearm.
5.17(j) Upon receipt of an application packet and any required fee, the sheriff must
5.18provide a signed receipt indicating the date of submission.
5.19 Sec. 9. Minnesota Statutes 2010, section 624.714, subdivision 4, is amended to read:
5.20 Subd. 4. Investigation. (a) The sheriff must check, by means of electronic data
5.21transfer, criminal records, histories, and warrant information on each applicant through
5.22the Minnesota Crime Information System and the National Instant Criminal Background
5.23Check System. The sheriff shall also make a reasonable effort to check other available
5.24and relevant federal, state, or local record-keeping systems. The sheriff must obtain
5.25commitment information from the commissioner of human services as provided in section
5.26245.041
or, if the information is reasonably available, as provided by a similar statute
5.27from another state.
5.28(b) When an application for a permit is filed under this section, the sheriff must notify
5.29the chief of police, if any, of the municipality where the applicant resides. The police chief
5.30may provide the sheriff with any information relevant to the issuance of the permit.
5.31(c) The sheriff must conduct a background check by means of electronic data transfer
5.32on a permit holder through the Minnesota Crime Information System and the National
5.33Instant Criminal Background Check System at least yearly to ensure continuing eligibility.
5.34The sheriff may also conduct additional background checks by means of electronic data
5.35transfer on a permit holder at any time during the period that a permit is in effect.
1.3establish a voluntary registry; requiring the commissioner of human services
1.4to release information for purposes of firearms background checks; amending
1.5Minnesota Statutes 2010, sections 245.041; 624.7131, subdivisions 1, 2; 624.714,
1.6subdivisions 3, 4; proposing coding for new law in Minnesota Statutes, chapters
1.7214; 245.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. [214.165] FIREARMS REGISTRY; INFORMATION.
1.10Mental health professionals, as defined in section 245.462, subdivision 18,
1.11physicians licensed under chapter 147, and nurses licensed under section 148.171 to
1.12148.285, who are issued a credential by one of the health-related licensing boards shall
1.13provide to each patient or client the information sheet established by the commissioner of
1.14human services under section 245.0412 that describes the process by which the client or
1.15patient's name may voluntarily be placed on the registry to be denied a firearms permit.
1.16 Sec. 2. Minnesota Statutes 2010, section 245.041, is amended to read:
1.17245.041 PROVISION OF FIREARMS BACKGROUND CHECK
1.18INFORMATION.
1.19(a) Notwithstanding section
1.20services shall provide commitment information to local law enforcement agencies on an
1.21individual request basis by means of electronic data transfer from the Department of
1.22Human Services through the Minnesota Crime Information System for the sole purpose of
1.23facilitating a firearms background check under section
2.1The information to be provided is limited to whether the person has been committed under
2.2chapter 253B and, if so, the type of commitment.
2.3(b) The commissioner of human services shall provide the names of adult individuals
2.4who have voluntarily placed their names on the commissioner's registry of individuals who
2.5wish to be denied a firearms permit to local law enforcement agencies on an individual
2.6request basis by means of electronic data transfer from the Department of Human Services
2.7through the Minnesota Crime Information System for the sole purpose of facilitating a
2.8firearms background check under section 624.7131, 624.7132, or 624.714.
2.9 Sec. 3. [245.0411] REGISTRY.
2.10The commission of human services shall establish and maintain a central registry
2.11of the names of adult persons who voluntarily submit a request to be denied a firearms
2.12permit. The commissioner shall establish a process for individuals to submit the request
2.13and to affirm their identity.
2.14 Sec. 4. [245.0412] DUTIES OF COMMISSIONER.
2.15(a) The commissioner shall establish forms to be submitted by individuals who wish
2.16to be denied a firearms permit. The commissioner shall make the forms available to health
2.17care providers, mental health providers, and to the public.
2.18(b) The commissioner shall develop an information sheet to be distributed to patients
2.19by health care and mental health professionals that describes how the patient can have
2.20the patient's name placed on the commissioner's registry.
2.21(c) The commissioner shall establish a retention schedule and a process by which
2.22individuals can have their name removed from the registry.
2.23(d) The commissioner shall provide access to the names reported under section
2.24245.0411, through electronic data transfer from the Department of Human Services to
2.25the Minnesota Crime Information System for the sole purpose of firearms background
2.26checks under section 624.7131, 624.7132, or 624.714. Data shall not be released for
2.27any other purpose.
2.28(e) The commissioner shall adopt rules to administer the registry and make
2.29information available through electronic data transfer to the Minnesota Crime Information
2.30System.
2.31 Sec. 5. [245.0413] DATA.
2.32Data on individuals collected by the commissioner under sections 245.0411 and
2.33245.0412 are private data on individuals as defined in section 13.02, subdivision 12, and
3.1may by used only for the purposes specified in sections 245.0411 and 245.0412 according
3.2to rules adopted by the commissioner.
3.3 Sec. 6. Minnesota Statutes 2010, section 624.7131, subdivision 1, is amended to read:
3.4 Subdivision 1. Information. Any person may apply for a transferee permit by
3.5providing the following information in writing to the chief of police of an organized full
3.6time police department of the municipality in which the person resides or to the county
3.7sheriff if there is no such local chief of police:
3.8(1) the name, residence, telephone number, and driver's license number or
3.9nonqualification certificate number, if any, of the proposed transferee;
3.10(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing
3.11physical characteristics, if any, of the proposed transferee;
3.12(3) a statement that the proposed transferee authorizes the release to the local
3.13police authority of commitment information and information contained in the voluntary
3.14registry established by section 245.0411 about the proposed transferee maintained by the
3.15commissioner of human services, to the extent that the information relates to the proposed
3.16transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon
3.17under section
3.18(4) a statement by the proposed transferee that the proposed transferee is not
3.19prohibited by section
3.20assault weapon.
3.21The statements shall be signed and dated by the person applying for a permit. At
3.22the time of application, the local police authority shall provide the applicant with a
3.23dated receipt for the application. The statement under clause (3) must comply with any
3.24applicable requirements of Code of Federal Regulations, title 42, sections
3.25with respect to consent to disclosure of alcohol or drug abuse patient records.
3.26 Sec. 7. Minnesota Statutes 2010, section 624.7131, subdivision 2, is amended to read:
3.27 Subd. 2. Investigation. The chief of police or sheriff shall check criminal histories,
3.28records and warrant information relating to the applicant through the Minnesota Crime
3.29Information System, the national criminal record repository, and the National Instant
3.30Criminal Background Check System. The chief of police or sheriff shall also make a
3.31reasonable effort to check other available state and local record-keeping systems. The
3.32chief of police or sheriff shall obtain commitment information and information contained
3.33in the voluntary registry established by section 245.0411 from the commissioner of human
3.34services as provided in section
4.1 Sec. 8. Minnesota Statutes 2010, section 624.714, subdivision 3, is amended to read:
4.2 Subd. 3. Form and contents of application. (a) Applications for permits to carry
4.3must be an official, standardized application form, adopted under section
4.4must set forth in writing only the following information:
4.5(1) the applicant's name, residence, telephone number, if any, and driver's license
4.6number or state identification card number;
4.7(2) the applicant's sex, date of birth, height, weight, and color of eyes and hair, and
4.8distinguishing physical characteristics, if any;
4.9(3) the township or statutory city or home rule charter city, and county, of all
4.10Minnesota residences of the applicant in the last five years, though not including specific
4.11addresses;
4.12(4) the township or city, county, and state of all non-Minnesota residences of the
4.13applicant in the last five years, though not including specific addresses;
4.14(5) a statement that the applicant authorizes the release to the sheriff of commitment
4.15information and information contained in the voluntary registry established by section
4.16245.0411 about the applicant maintained by the commissioner of human services or any
4.17similar agency or department of another state where the applicant has resided, to the extent
4.18that the information relates to the applicant's eligibility to possess a firearm; and
4.19(6) a statement by the applicant that, to the best of the applicant's knowledge and
4.20belief, the applicant is not prohibited by law from possessing a firearm.
4.21(b) The statement under paragraph (a), clause (5), must comply with any applicable
4.22requirements of Code of Federal Regulations, title 42, sections
4.23to consent to disclosure of alcohol or drug abuse patient records.
4.24(c) An applicant must submit to the sheriff an application packet consisting only of
4.25the following items:
4.26(1) a completed application form, signed and dated by the applicant;
4.27(2) an accurate photocopy of the certificate described in subdivision 2a, paragraph
4.28(c), that is submitted as the applicant's evidence of training in the safe use of a pistol; and
4.29(3) an accurate photocopy of the applicant's current driver's license, state
4.30identification card, or the photo page of the applicant's passport.
4.31(d) In addition to the other application materials, a person who is otherwise ineligible
4.32for a permit due to a criminal conviction but who has obtained a pardon or expungement
4.33setting aside the conviction, sealing the conviction, or otherwise restoring applicable
4.34rights, must submit a copy of the relevant order.
4.35(e) Applications must be submitted in person.
5.1(f) The sheriff may charge a new application processing fee in an amount not
5.2to exceed the actual and reasonable direct cost of processing the application or $100,
5.3whichever is less. Of this amount, $10 must be submitted to the commissioner and
5.4deposited into the general fund.
5.5(g) This subdivision prescribes the complete and exclusive set of items an applicant
5.6is required to submit in order to apply for a new or renewal permit to carry. The applicant
5.7must not be asked or required to submit, voluntarily or involuntarily, any information, fees,
5.8or documentation beyond that specifically required by this subdivision. This paragraph
5.9does not apply to alternate training evidence accepted by the sheriff under subdivision
5.102a, paragraph (d).
5.11(h) Forms for new and renewal applications must be available at all sheriffs' offices
5.12and the commissioner must make the forms available on the Internet.
5.13(i) Application forms must clearly display a notice that a permit, if granted, is
5.14void and must be immediately returned to the sheriff if the permit holder is or becomes
5.15prohibited by law from possessing a firearm. The notice must list the applicable state
5.16criminal offenses and civil categories that prohibit a person from possessing a firearm.
5.17(j) Upon receipt of an application packet and any required fee, the sheriff must
5.18provide a signed receipt indicating the date of submission.
5.19 Sec. 9. Minnesota Statutes 2010, section 624.714, subdivision 4, is amended to read:
5.20 Subd. 4. Investigation. (a) The sheriff must check, by means of electronic data
5.21transfer, criminal records, histories, and warrant information on each applicant through
5.22the Minnesota Crime Information System and the National Instant Criminal Background
5.23Check System. The sheriff shall also make a reasonable effort to check other available
5.24and relevant federal, state, or local record-keeping systems. The sheriff must obtain
5.25
5.27from another state.
5.28(b) When an application for a permit is filed under this section, the sheriff must notify
5.29the chief of police, if any, of the municipality where the applicant resides. The police chief
5.30may provide the sheriff with any information relevant to the issuance of the permit.
5.31(c) The sheriff must conduct a background check by means of electronic data transfer
5.32on a permit holder through the Minnesota Crime Information System and the National
5.33Instant Criminal Background Check System at least yearly to ensure continuing eligibility.
5.34The sheriff may also conduct additional background checks by means of electronic data
5.35transfer on a permit holder at any time during the period that a permit is in effect.
