1.1 	A bill for an act
1.2 	relating to public safety; eliminating the right of violent felons to petition the 
1.3 	court to have their ability to possess a firearm restored; amending Minnesota 
1.4 	Statutes 2010, sections 242.31, subdivision 2a; 260B.245, subdivision 1; 609.165, 
1.5 	subdivisions 1a, 1b; 609A.03, subdivision 5a; 609B.611; 624.713, subdivision 2; 
1.6 	repealing Minnesota Statutes 2010, section 609.165, subdivision 1d.
1.7 	BE 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 
1.10 	discharge must provide that a person who has been convicted of a crime of violence, as 
1.11 	defined in section 624.712, subdivision 5, is not entitled to ship, transport, possess, or 
1.12 	receive a firearm for the remainder of the person's lifetime. Any person who has received 
1.13 	such a discharge and who thereafter has received a relief of disability under United States 
1.14 	Code, title 18, section 925, or whose ability to possess firearms has been restored under 
1.15 	section 609.165, subdivision 1d, shall not be subject to the restrictions of this subdivision.

1.16 	EFFECTIVE 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 
1.19 	jurisdiction of the juvenile court shall operate to impose any of the civil disabilities 
1.20 	imposed by conviction, nor shall any child be deemed a criminal by reason of this 
1.21 	adjudication, nor shall this adjudication be deemed a conviction of crime, except as 
1.22 	otherwise provided in this section or section 260B.255. An extended jurisdiction juvenile 
1.23 	conviction shall be treated in the same manner as an adult felony criminal conviction for 
1.24 	purposes of the Sentencing Guidelines. The disposition of the child or any evidence given 
2.1 	by the child in the juvenile court shall not be admissible as evidence against the child in 
2.2 	any case or proceeding in any other court, except that an adjudication may later be used to 
2.3 	determine a proper sentence, nor shall the disposition or evidence disqualify the child in 
2.4 	any future civil service examination, appointment, or application.
2.5 	(b) A person who was adjudicated delinquent for, or convicted as an extended 
2.6 	jurisdiction juvenile of, a crime of violence as defined in section 624.712, subdivision 5, 
2.7 	is not entitled to ship, transport, possess, or receive a firearm for the remainder of the 
2.8 	person's lifetime. A person who has received a relief of disability under United States 
2.9 	Code, title 18, section 925, or whose ability to possess firearms has been restored under 
2.10 	section 609.165, subdivision 1d, is not subject to the restrictions of this subdivision.

2.11 	EFFECTIVE 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 
2.14 	discharge must provide that a person who has been convicted of a crime of violence, as 
2.15 	defined in section 624.712, subdivision 5, is not entitled to ship, transport, possess, or 
2.16 	receive a firearm for the remainder of the person's lifetime. Any person who has received 
2.17 	such a discharge and who thereafter has received a relief of disability under United States 
2.18 	Code, title 18, section 925, or whose ability to possess firearms has been restored under 
2.19 	subdivision 1d, shall not be subject to the restrictions of this subdivision.

2.20 	EFFECTIVE 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 
2.23 	crime of violence, as defined in section 624.712, subdivision 5, and who ships, transports, 
2.24 	possesses, or receives a firearm, commits a felony and may be sentenced to imprisonment 
2.25 	for 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 
2.27 	conviction and sentencing for a violation of section 624.713, subdivision 2.
2.28 	(c) The criminal penalty in paragraph (a) does not apply to any person who has 
2.29 	received a relief of disability under United States Code, title 18, section 925, or whose 
2.30 	ability to possess firearms has been restored under subdivision 1d.

2.31 	EFFECTIVE 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 
3.2 	a conviction for a crime of violence as defined in section 624.712, subdivision 5, must 
3.3 	provide that the person is not entitled to ship, transport, possess, or receive a firearm for 
3.4 	the remainder of the person's lifetime. Any person whose record of conviction is expunged 
3.5 	under this section and who thereafter receives a relief of disability under United States 
3.6 	Code, title 18, section 925, or whose ability to possess firearms has been restored under 
3.7 	section 609.165, subdivision 1d, is not subject to the restriction in this subdivision.

3.8 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.9 	Sec. 6. Minnesota Statutes 2010, section 609B.611, is amended to read:
3.10 	609B.611 CRIME OF VIOLENCE; INELIGIBILITY TO POSSESS 
3.11 	FIREARMS; RESTORATION OF CIVIL RIGHTS.
3.12 	(a) Under section 242.31, a person convicted of a crime of violence is not entitled to 
3.13 	ship, transport, possess, or receive a firearm for the remainder of the person's lifetime, 
3.14 	even after the person's civil rights have been restored, unless the exception under United 
3.15 	States Code, title 18, section 925, or section 609.165, subdivision 1d, applies.
3.16 	(b) Under section 609.165, subdivision 1a, a person convicted of a crime of violence 
3.17 	is not entitled to ship, transport, possess, or receive a firearm for the remainder of the 
3.18 	person's lifetime, even after the person's civil rights have been restored.

3.19 	EFFECTIVE 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 
3.22 	a pistol or semiautomatic military-style assault weapon is guilty of a felony and may 
3.23 	be sentenced to imprisonment for not more than five years or to payment of a fine of 
3.24 	not more than $10,000, or both.
3.25 	(b) A person named in subdivision 1, clause (2), who possesses any type of firearm 
3.26 	is guilty of a felony and may be sentenced to imprisonment for not more than 15 years or 
3.27 	to payment of a fine of not more than $30,000, or both. This paragraph does not apply 
3.28 	to any person who has received a relief of disability under United States Code, title 18, 
3.29 	section 925, or whose ability to possess firearms has been restored under section 609.165, 
3.30 	subdivision 1d.
3.31 	(c) A person named in any other clause of subdivision 1 who possesses any type of 
3.32 	firearm is guilty of a gross misdemeanor.

4.1 	EFFECTIVE DATE. This section is effective the day following final enactment.

4.2 	Sec. 8.  REPEALER.
 4.3 	Minnesota Statutes 2010, section 609.165, subdivision 1d, is repealed.

4.4 	EFFECTIVE DATE. This section is effective the day following final enactment.