Bill Text: MN SF413 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Firearms possession eligibility restoration for violent felons judicial process modification
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-13 - Referred to Judiciary [SF413 Detail]
Download: Minnesota-2013-SF413-Introduced.html
1.2relating to public safety; modifying the judicial process for restoring firearms
1.3eligibility to violent felons; amending Minnesota Statutes 2012, section 609.165,
1.4subdivision 1d.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 609.165, subdivision 1d, is amended to read:
1.7 Subd. 1d. Judicial restoration of ability to possess firearm by felon. (a) A person
1.8prohibited by state law from shipping, transporting, possessing, or receiving a firearm
1.9because of a conviction or a delinquency adjudication for committing a crime of violence
1.10may petition a court to restore the person's ability to possess, receive, ship, or transport
1.11firearms and otherwise deal with firearms.
1.12(b) A person petitioning the court under paragraph (a) shall serve a copy of the
1.13petition by mail on the prosecutorial office that had jurisdiction over the crime of violence
1.14and the corrections department, if any, who supervised the person in the community
1.15before the person's sentence or disposition was discharged.
1.16(c) The court may grant the relief sought if the person shows good cause to do so
1.17and the personhas been released from physical confinement establishes by clear and
1.18convincing evidence that: (1) the person is not likely to act in a manner that is dangerous
1.19to public safety; and (2) the granting of relief is not contrary to the public interest.
1.20(d) If a petition is denied, the person may not file another petition until three years
1.21have elapsed without the permission of the court.
1.22(e) A petition under this subdivision must be filed in the county in which the
1.23petitioner was convicted or adjudicated delinquent for the underlying crime of violence.
2.1(f) A petition under this subdivision may not be brought unless at least ten years have
2.2elapsed since the discharge of the petitioner's sentence or disposition for the underlying
2.3crime of violence. However, if the underlying crime of violence was controlled substance
2.4crime in the fifth degree or theft involving the intentional taking of a motor vehicle without
2.5the consent of the owner or authorized agent of the owner, and the petitioner was not in
2.6possession of a firearm when committing the offense, the petition may be brought if at
2.7least five years have elapsed since the discharge.
2.8(g) A person bringing a petition under this subdivision may be required to disclose
2.9any relevant information and, upon request, must agree to release any relevant mental
2.10health information to facilitate the court's decision on the petition.
2.11(h) A judge who grants or denies a petition under this subdivision must report this
2.12action along with its underlying justification to the state court administrator.
2.13(i) By January 15 of each year, the state court administrator shall report to the chairs
2.14and ranking minority members of the senate and house of representatives committees
2.15having jurisdiction over firearms summary data on the number of petitions brought under
2.16this subdivision and the number granted.
2.17EFFECTIVE DATE.This section is effective the day following final enactment.
1.3eligibility to violent felons; amending Minnesota Statutes 2012, section 609.165,
1.4subdivision 1d.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 609.165, subdivision 1d, is amended to read:
1.7 Subd. 1d. Judicial restoration of ability to possess firearm by felon. (a) A person
1.8prohibited by state law from shipping, transporting, possessing, or receiving a firearm
1.9because of a conviction or a delinquency adjudication for committing a crime of violence
1.10may petition a court to restore the person's ability to possess, receive, ship, or transport
1.11firearms and otherwise deal with firearms.
1.12(b) A person petitioning the court under paragraph (a) shall serve a copy of the
1.13petition by mail on the prosecutorial office that had jurisdiction over the crime of violence
1.14and the corrections department, if any, who supervised the person in the community
1.15before the person's sentence or disposition was discharged.
1.16(c) The court may grant the relief sought if the person shows good cause to do so
1.17and the person
1.18convincing evidence that: (1) the person is not likely to act in a manner that is dangerous
1.19to public safety; and (2) the granting of relief is not contrary to the public interest.
1.20(d) If a petition is denied, the person may not file another petition until three years
1.21have elapsed without the permission of the court.
1.22(e) A petition under this subdivision must be filed in the county in which the
1.23petitioner was convicted or adjudicated delinquent for the underlying crime of violence.
2.1(f) A petition under this subdivision may not be brought unless at least ten years have
2.2elapsed since the discharge of the petitioner's sentence or disposition for the underlying
2.3crime of violence. However, if the underlying crime of violence was controlled substance
2.4crime in the fifth degree or theft involving the intentional taking of a motor vehicle without
2.5the consent of the owner or authorized agent of the owner, and the petitioner was not in
2.6possession of a firearm when committing the offense, the petition may be brought if at
2.7least five years have elapsed since the discharge.
2.8(g) A person bringing a petition under this subdivision may be required to disclose
2.9any relevant information and, upon request, must agree to release any relevant mental
2.10health information to facilitate the court's decision on the petition.
2.11(h) A judge who grants or denies a petition under this subdivision must report this
2.12action along with its underlying justification to the state court administrator.
2.13(i) By January 15 of each year, the state court administrator shall report to the chairs
2.14and ranking minority members of the senate and house of representatives committees
2.15having jurisdiction over firearms summary data on the number of petitions brought under
2.16this subdivision and the number granted.
2.17EFFECTIVE DATE.This section is effective the day following final enactment.
