HF 15

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 02/06/2023 03:50pm

A bill for an act
relating to public safety; enabling law enforcement and family members to petition
a court to prohibit people from possessing firearms if they pose a significant danger
to themselves or others by possessing a firearm; appropriating money; amending
Minnesota Statutes 2022, section 624.713, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapters 624; 626.

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

Section 1.

Minnesota Statutes 2022, section 624.713, subdivision 1, is amended to read:

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 (harassment or 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); deleted text begin or
deleted text end

(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) new text begin ; or
new text end

new text begin (14) a person who is subject to an extreme risk protection order as described in section
624.7172 or 624.7174 new text end .

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.

Sec. 2.

new text begin [624.7171] EXTREME RISK PROTECTION ORDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in sections 624.7171 to 624.7178, the following
terms have the meanings given.
new text end

new text begin (b) "Family or household members" means:
new text end

new text begin (1) spouses and former spouses of the respondent;
new text end

new text begin (2) parents and children of the respondent;
new text end

new text begin (3) persons who are presently residing with the respondent; or
new text end

new text begin (4) a person involved in a significant romantic or sexual relationship with the respondent.
new text end

new text begin In determining whether persons are in a significant romantic or sexual relationship under
clause (4), the court shall consider the length of time of the relationship; type of relationship;
and frequency of interaction between the parties.
new text end

new text begin (c) "Firearm" has the meaning given in section 609.666, subdivision 1, paragraph (a).
new text end

new text begin Subd. 2. new text end

new text begin Court jurisdiction. new text end

new text begin An application for relief under this section may be filed
in the county of residence of the respondent or the county where the petitioner resides or is
officed. Actions under this section shall be given docket priorities by the court.
new text end

new text begin Subd. 3. new text end

new text begin Information on petitioner's location or residence. new text end

new text begin Upon the petitioner's
request, information maintained by the court regarding the petitioner's location or residence
is not accessible to the public and may be disclosed only to court personnel or law
enforcement for purposes of service of process, conducting an investigation, or enforcing
an order.
new text end

new text begin Subd. 4. new text end

new text begin Generally. new text end

new text begin (a) There shall exist an action known as a petition for an extreme
risk protection order, which order shall enjoin and prohibit the respondent from possessing
or purchasing firearms for as long as the order remains in effect.
new text end

new text begin (b) A petition for relief under sections 624.7171 to 624.7178 may be made by the chief
law enforcement officer, the chief law enforcement officer's designee, a city or county
attorney, any family or household members of the respondent, or a guardian, as defined in
section 524.1-201, clause (27), of the respondent.
new text end

new text begin (c) A petition for relief shall allege that the respondent poses a significant danger of
bodily harm to self or to other persons by possessing a firearm. The petition shall be
accompanied by an affidavit made under oath stating specific facts and circumstances
forming a basis to allege that an extreme risk protection order should be granted. The affidavit
may include but is not limited to evidence showing any of the factors described in section
624.7172, subdivision 2.
new text end

new text begin (d) A petition for emergency relief under section 624.7174 shall additionally allege that
the respondent presents an immediate and present danger of bodily harm.
new text end

new text begin (e) A petition for relief must describe, to the best of the petitioner's knowledge, the types
and location of any firearms believed by the petitioner to be possessed by the respondent.
new text end

new text begin (f) The court shall provide simplified forms and clerical assistance to help with the
writing and filing of a petition under this section.
new text end

new text begin (g) The state court administrator shall create all forms necessary under sections 624.7171
to 624.7178.
new text end

new text begin (h) The filing fees for an extreme risk protection order under this section are waived for
the petitioner and respondent. The court administrator, the sheriff of any county in this state,
and other law enforcement and corrections officers shall perform their duties relating to
service of process without charge to the petitioner. The court shall direct payment of the
reasonable costs of service of process if served by a private process server when the sheriff
or other law enforcement or corrections officer is unavailable or if service is made by
publication, without requiring the petitioner to make application under section 563.01.
new text end

new text begin (i) The court shall advise the petitioner of the right to serve the respondent by alternate
notice under section 624.7172, subdivision 1, paragraph (e), if the respondent is avoiding
personal service by concealment or otherwise, and shall assist in the writing and filing of
the affidavit.
new text end

new text begin (j) The court shall advise the petitioner of the right to request a hearing under section
624.7174, paragraph (c). If the petitioner does not request a hearing, the court shall advise
the petitioner that the respondent may request a hearing and that notice of the hearing date
and time will be provided to the petitioner by mail at least five days before the hearing.
new text end

new text begin (k) Any proceeding under sections 624.7171 to 624.7178 shall be in addition to other
civil or criminal remedies.
new text end

new text begin (l) All health records and other health information provided in a petition or considered
as evidence in a proceeding under sections 624.7171 to 624.7178 shall be protected from
public disclosure but may be provided to law enforcement agencies as described in this
section.
new text end

new text begin (m) Any extreme risk protection order or subsequent extension issued under sections
624.7171 to 624.7178 shall be forwarded by the court administrator within 24 hours to the
local law enforcement agency with jurisdiction over the residence of the respondent and
electronically transmitted within three business days to the National Instant Criminal
Background Check System. When an order expires or is terminated by the court, the court
must submit a request that the order be removed from the National Instant Background
Check System. Each appropriate law enforcement agency shall make available to other law
enforcement officers, through a system for verification, information as to the existence and
status of any extreme risk protection order issued under sections 624.7171 to 624.7178.
new text end

Sec. 3.

new text begin [624.7172] EXTREME RISK PROTECTION ORDERS ISSUED AFTER
HEARING.
new text end

new text begin Subdivision 1. new text end

new text begin Hearing. new text end

new text begin (a) Upon receipt of the petition for an order after a hearing, the
court must schedule and hold a hearing within 14 days from the date the petition was
received.
new text end

new text begin (b) The court shall advise the petitioner of the right to request an emergency extreme
risk protection order under section 624.7174 separately from or simultaneously with the
petition under this subdivision.
new text end

new text begin (c) The petitioning agency shall be responsible for service of an extreme risk protection
order issued by the court and shall further be the agency responsible for the execution of
any legal process required for the seizure and storage of firearms subject to the order. Nothing
in this provision limits the ability of the law enforcement agency of record from cooperating
with other law enforcement entities. When a court issues an extreme risk protection order
for a person who resides on Tribal territory, the chief law enforcement officer of the law
enforcement agency responsible for serving the order must request the assistance and counsel
of the appropriate Tribal police department prior to serving the respondent. When the
petitioner is a family or household member of the respondent, the primary law enforcement
agency serving the jurisdiction of residency of the respondent shall be responsible for the
execution of any legal process required for the seizure and storage of firearms subject to
the order.
new text end

new text begin (d) Personal service of notice for the hearing may be made upon the respondent at any
time up to 48 hours prior to the time set for the hearing, provided that the respondent at the
hearing may request a continuance of up to 14 days if the respondent is served less than
five days prior to the hearing, which continuance shall be granted unless there are compelling
reasons not to do so. If the court grants the requested continuance, and an existing emergency
order under section 624.7174 will expire due to the continuance, the court shall also issue
a written order continuing the emergency order pending the new time set for the hearing.
new text end

new text begin (e) If personal service cannot be made, the court may order service of the petition and
any order issued under this section by alternate means. The application for alternate service
must include the last known location of the respondent; the petitioner's most recent contacts
with the respondent; the last known location of the respondent's employment; the names
and locations of the respondent's parents, siblings, children, and other close relatives; the
names and locations of other persons who are likely to know the respondent's whereabouts;
and a description of efforts to locate those persons. The court shall consider the length of
time the respondent's location has been unknown, the likelihood that the respondent's location
will become known, the nature of the relief sought, and the nature of efforts made to locate
the respondent. The court shall order service by first class mail, forwarding address requested,
to any addresses where there is a reasonable possibility that mail or information will be
forwarded or communicated to the respondent. The court may also order publication, within
or without the state, but only if it might reasonably succeed in notifying the respondent of
the proceeding. Service shall be deemed complete 14 days after mailing or 14 days after
court-ordered publication.
new text end

new text begin Subd. 2. new text end

new text begin Relief by court. new text end

new text begin (a) At the hearing, the petitioner must prove by clear and
convincing evidence that the respondent poses a significant danger of bodily harm to self
or other persons by possessing a firearm.
new text end

new text begin (b) In determining whether to grant the order after a hearing, the court shall consider
evidence of the following, whether or not the petitioner has provided evidence of the same:
new text end

new text begin (1) a history of threats or acts of violence by the respondent directed toward another
person;
new text end

new text begin (2) the history of use, attempted use, or threatened use of physical force by the respondent
against another person;
new text end

new text begin (3) a violation of any court order, including but not limited to orders issued under sections
624.7171 to 624.7178 or chapter 260C or 518B;
new text end

new text begin (4) a prior arrest for a felony offense;
new text end

new text begin (5) a conviction or prior arrest for a violent misdemeanor offense, for a stalking offense
under section 609.749, or for domestic assault under section 609.2242;
new text end

new text begin (6) a conviction for an offense of cruelty to animals under chapter 343;
new text end

new text begin (7) the unlawful and reckless use, display, or brandishing of a firearm by the respondent;
new text end

new text begin (8) a history of self-harm by the respondent; and
new text end

new text begin (9) whether the respondent is named in an existing order in effect under sections 624.7171
to 624.7178 or chapter 260C or 518B, or party to a pending lawsuit, complaint, petition, or
other action under sections 624.7171 to 624.7178 or chapter 518B.
new text end

new text begin (c) In determining whether to grant the order after a hearing, the court may consider any
other evidence that bears on whether the respondent poses a danger to the respondent's self
or others.
new text end

new text begin (d) If the court finds there is clear and convincing evidence to issue an extreme risk
protection order, the court shall issue the order prohibiting the person from possessing or
purchasing a firearm for the duration of the order. The court shall inform the respondent
that the respondent is prohibited from possessing or purchasing firearms and shall issue a
transfer order under section 624.7175. The court shall also give notice to the county attorney's
office, which may take action as it deems appropriate.
new text end

new text begin (e) The court shall determine the length of time the order is in effect, but may not set
the length of time for less than six months or more than one year, subject to renewal or
extension under section 624.7173.
new text end

new text begin (f) If there is no existing emergency order under section 624.7174 at the time an order
is granted under this section, the court shall determine by clear and convincing evidence
whether the respondent presents an immediate and present danger of bodily harm. If the
court so determines, the transfer order shall include the provisions described in section
624.7175, paragraph (c).
new text end

new text begin (g) If, after a hearing, the court does not issue an order of protection, the court shall
vacate any emergency extreme risk protection order currently in effect.
new text end

new text begin (h) A respondent may waive the respondent's right to contest the hearing and consent
to the court's imposition of an extreme risk protection order. The court shall seal the petition
filed under this section and section 624.7144 if a respondent who consents to imposition of
an extreme risk protection order requests that the petition be sealed, unless the court finds
that there is clear and convincing evidence that the interests of the public and public safety
outweigh the disadvantages to the respondent of not sealing the petition. All extreme risk
protection orders shall remain public.
new text end

Sec. 4.

new text begin [624.7173] SUBSEQUENT EXTENSIONS AND TERMINATION.
new text end

new text begin (a) Upon application by any party entitled to petition for an order under section 624.7172,
and after notice to the respondent and a hearing, the court may extend the relief granted in
an existing order granted after a hearing under section 624.7172. Application for an extension
may be made any time within the three months before the expiration of the existing order.
The court may extend the order if the court makes the same findings by clear and convincing
evidence as required for granting of an initial order under section 624.7172, subdivision 2,
paragraph (d). The minimum length of time of an extension is six months and the maximum
length of time of an extension is one year. The court shall consider the same types of evidence
as required for the initial order under section 624.7172, subdivision 2, paragraphs (b) and
(c).
new text end

new text begin (b) Upon application by the respondent to an order issued under section 624.7172, the
court may terminate an order after a hearing at which the respondent shall bear the burden
of proving by clear and convincing evidence that the respondent does not pose a significant
danger of bodily harm to the respondent's self or to other persons by possessing a firearm.
Application for termination may be made one time for each year an order is in effect. If an
order has been issued for a period of six months, the respondent may apply for termination
one time.
new text end

Sec. 5.

new text begin [624.7174] EMERGENCY ISSUANCE OF EXTREME RISK PROTECTION
ORDER.
new text end

new text begin (a) In determining whether to grant an emergency extreme risk protection order, the
court shall consider evidence of all facts identified in section 624.7172, subdivision 2,
paragraphs (b) and (c).
new text end

new text begin (b) The court shall advise the petitioner of the right to request an order after a hearing
under section 624.7172 separately from or simultaneously with the petition.
new text end

new text begin (c) If the court finds there is probable cause that (1) the respondent poses a significant
danger of bodily harm to the respondent's self or to other persons by possessing a firearm,
and (2) the respondent presents an immediate and present danger of bodily harm, the court
shall issue an ex parte emergency order prohibiting the respondent from possessing or
purchasing a firearm for the duration of the order. The order shall inform the respondent
that the respondent is prohibited from possessing firearms and shall issue a transfer order
under section 624.7175, paragraph (c).
new text end

new text begin (d) A finding by the court that there is a basis for issuing an emergency extreme risk
protection order constitutes a finding that sufficient reasons exist not to require notice under
applicable court rules governing applications for ex parte relief.
new text end

new text begin (e) The emergency order shall have a fixed period of 14 days unless a hearing is set
under section 624.7172 on an earlier date, in which case the order shall expire upon a judge's
finding that no order is issued under section 624.7172.
new text end

new text begin (f) Except as provided in paragraph (g), the respondent shall be personally served
immediately with a copy of the emergency order and a copy of the petition and, if a hearing
is requested by the petitioner under section 624.7172, notice of the date set for the hearing.
If the petitioner does not request a hearing under section 624.7172, an order served on a
respondent under this section must include a notice advising the respondent of the right to
request a hearing challenging the issuance of the emergency order, and must be accompanied
by a form that can be used by the respondent to request a hearing.
new text end

new text begin (g) Service of the emergency order may be made by alternate service as provided under
section 624.7172, subdivision 1, paragraph (e), provided that the petitioner files the affidavit
required under that subdivision. If the petitioner does not request a hearing under section
624.7172, the petition mailed to the respondent's residence, if known, must be accompanied
by the form for requesting a hearing described in paragraph (f).
new text end

Sec. 6.

new text begin [624.7175] TRANSFER OF FIREARMS.
new text end

new text begin (a) Except as provided in paragraph (b), upon issuance of an extreme risk protection
order, the court shall direct the respondent to transfer any firearms the person possesses as
soon as reasonably practicable, but in no case later than 24 hours, to a federally licensed
firearms dealer or a law enforcement agency. If the respondent elects to transfer the
respondent's firearms to a law enforcement agency, the agency must accept the transfer.
The transfer may be permanent or temporary. A temporary firearm transfer only entitles
the receiving party to possess the firearm and does not transfer ownership or title. If the
respondent makes a temporary transfer, a federally licensed firearms dealer or law
enforcement agency may charge the respondent a reasonable fee to store the firearms and
may establish policies for disposal of abandoned firearms, provided these policies require
that the respondent be notified prior to disposal of abandoned firearms. If a respondent
permanently transfers the respondent's firearms to a law enforcement agency, the agency
is not required to compensate the respondent and may charge the respondent a reasonable
processing fee.
new text end

new text begin (b) A person directed to transfer any firearms pursuant to paragraph (a) may transfer
any antique firearm, as defined in United States Code, title 18, section 921, paragraph (a),
clause (16), as amended, or a curio or relic as defined in Code of Federal Regulations, title
27, section 478.11, as amended, to a relative who does not live with the respondent after
confirming that the relative may lawfully own or possess a firearm.
new text end

new text begin (c) The respondent must file proof of transfer as provided in this paragraph.
new text end

new text begin (1) A law enforcement agency or federally licensed firearms dealer accepting transfer
of a firearm pursuant to this section shall provide proof of transfer to the respondent. The
proof of transfer must specify whether the firearms were permanently or temporarily
transferred and must include the name of the respondent, date of transfer, and the serial
number, manufacturer, and model of all transferred firearms. If transfer is made to a federally
licensed firearms dealer, the respondent shall, within two business days after being served
with the order, file a copy of proof of transfer with the law enforcement agency and attest
that all firearms owned or possessed at the time of the order have been transferred in
accordance with this section and that the person currently does not possess any firearms. If
the respondent claims not to own or possess firearms, the respondent shall file a declaration
of nonpossession with the law enforcement agency attesting that, at the time of the order,
the respondent neither owned nor possessed any firearms, and that the respondent currently
neither owns nor possesses any firearms. If the transfer is made to a relative pursuant to
paragraph (b), the relative must sign an affidavit under oath before a notary public either
acknowledging that the respondent permanently transferred the respondent's antique firearms,
curios, or relics to the relative or agreeing to temporarily store the respondent's antique
firearms, curios, or relics until such time as the respondent is legally permitted to possess
firearms. To the extent possible, the affidavit shall indicate the serial number, make, and
model of all antique firearms, curios, or relics transferred by the respondent to the relative.
new text end

new text begin (2) The court shall seal affidavits, proofs of transfer, and declarations of nonpossession
filed pursuant to this paragraph.
new text end

new text begin (d) If a court issues an emergency order under section 624.7174, or makes a finding of
immediate and present danger under section 624.7172, subdivision 2, paragraph (f), and
there is probable cause to believe the respondent possesses firearms, the court shall issue a
search warrant to the local law enforcement agency to take possession of all firearms in the
respondent's possession as soon as practicable. The chief law enforcement officer, or the
chief's designee, shall notify the respondent of the option to voluntarily comply with the
order by surrendering the respondent's firearms to law enforcement prior to execution of
the search warrant. Only if the respondent refuses to voluntarily comply with the order to
surrender the respondent's firearms shall the officer or officers tasked with serving the search
warrant execute the warrant. The local law enforcement agency shall, upon written notice
from the respondent, transfer the firearms to a federally licensed firearms dealer. Before a
local law enforcement agency transfers a firearm under this paragraph, the agency shall
require the federally licensed firearms dealer receiving the firearm to submit a proof of
transfer that complies with the requirements for proofs of transfer established in paragraph
(c). The agency shall file all proofs of transfer received by the court within two business
days of the transfer. A federally licensed firearms dealer who accepts a firearm transfer
pursuant to this paragraph shall comply with paragraphs (a) and (c) as if accepting transfer
directly from the respondent. If the law enforcement agency does not receive written notice
from the respondent within three business days, the agency may charge a reasonable fee to
store the respondent's firearms. A law enforcement agency may establish policies for disposal
of abandoned firearms, provided these policies require that the respondent be notified prior
to disposal of abandoned firearms.
new text end

Sec. 7.

new text begin [624.7176] RETURN OF FIREARMS.
new text end

new text begin Subdivision 1. new text end

new text begin Law enforcement. new text end

new text begin A local law enforcement agency that accepted
temporary transfer of firearms under section 624.7175 shall return the firearms to the
respondent after the expiration of the order, provided the respondent is not otherwise
prohibited from possessing firearms under state or federal law.
new text end

new text begin Subd. 2. new text end

new text begin Firearms dealer. new text end

new text begin A federally licensed firearms dealer that accepted temporary
transfer of firearms under section 624.7175 shall return the transferred firearms to the
respondent upon request after the expiration of the order, provided the respondent is not
otherwise prohibited from possessing firearms under state or federal law. A federally licensed
firearms dealer returning firearms shall comply with state and federal law as though
transferring a firearm from the dealer's own inventory.
new text end

Sec. 8.

new text begin [624.7177] OFFENSES.
new text end

new text begin Subdivision 1. new text end

new text begin False information or harassment. new text end

new text begin A person who petitions for an extreme
risk protection order under section 624.7172 or 624.7174, knowing any information in the
petition to be materially false or with the intent to harass, abuse, or threaten, is guilty of a
misdemeanor.
new text end

new text begin Subd. 2. new text end

new text begin Violation of order. new text end

new text begin A person who possesses a firearm and knows or should
have known that the person is prohibited from doing so by an extreme risk protection order
under section 624.7172 or 624.7174, or by an order of protection granted by a judge or
referee pursuant to a substantially similar law of another state, is guilty of a misdemeanor
and shall be prohibited from possessing firearms for a period of five years. Each extreme
risk protection order granted under this chapter must contain a conspicuous notice to the
respondent regarding the penalty for violation of the order.
new text end

Sec. 9.

new text begin [624.7178] LIABILITY PROTECTION.
new text end

new text begin Subdivision 1. new text end

new text begin Liability protection for petition. new text end

new text begin A chief law enforcement officer, the
chief law enforcement officer's designee, or a city or county attorney, who, in good faith,
decides not to petition for an extreme risk protection order or emergency extreme risk
protection order shall be immune from criminal or civil liability.
new text end

new text begin Subd. 2. new text end

new text begin Liability protection for storage of firearms. new text end

new text begin A law enforcement agency shall
be immune from civil or criminal liability for any damage or deterioration of firearms,
ammunition, or weapons stored or transported pursuant to section 624.7175. This subdivision
shall not apply if the damage or deterioration occurred as a result of recklessness, gross
negligence, or intentional misconduct by the law enforcement agency.
new text end

new text begin Subd. 3. new text end

new text begin Liability protection for harm following service of an order or execution of
a search warrant. new text end

new text begin A peace officer, law enforcement agency, and the state or a political
subdivision by which a peace officer is employed has immunity from any liability, civil or
criminal, for harm caused by a person who is the subject of an extreme risk protection order,
a search warrant issued pursuant to section 624.7175, paragraph (d), or both, after service
of the order or execution of the warrant, whichever comes first, if the peace officer acts in
good faith in serving the order or executing the warrant.
new text end

Sec. 10.

new text begin [626.8481] EXTREME RISK PROTECTION ORDER; DEVELOPMENT
OF MODEL PROCEDURES.
new text end

new text begin By December 1, 2023, the Peace Officer Standards and Training Board, after consulting
with the Minnesota County Attorneys Association, the Minnesota Sheriffs' Association, the
Minnesota Chiefs of Police Association, and the Minnesota Police and Peace Officers
Association, shall develop model procedures and standards for the storage of firearms
transferred to law enforcement under section 624.7175.
new text end

Sec. 11. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 9 are effective January 1, 2024, and apply to firearm permit background
checks made on or after that date.
new text end