1.1 	A bill for an act
1.2 	relating to public safety; enabling law enforcement and family members to 
1.3 	petition a court to prohibit people from possessing firearms if they pose a 
1.4 	significant danger to themselves or others by possessing a firearm; requiring the 
1.5 	commissioner of human services to create and maintain a centralized register 
1.6 	of individuals who voluntarily wish to be ineligible to purchase firearms for a 
1.7 	self-determined period of time; providing for rulemaking;amending Minnesota 
1.8 	Statutes 2014, sections 245.041; 624.713, subdivision 1, by adding a subdivision; 
1.9 	624.7131, subdivisions 1, 2; 624.7132, subdivisions 1, 2; 624.714, subdivisions 
1.10 	3, 4; proposing coding for new law in Minnesota Statutes, chapters 214; 245.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. [214.165] VOLUNTARY DATABASE; INFORMATION.
1.13 	Mental health professionals, as defined in section 245.462, subdivision 18; 
1.14 	physicians licensed under chapter 147; and nurses licensed under sections 148.171 to 
1.15 	148.285, who are issued a credential by one of the health-related licensing boards, may 
1.16 	provide to each patient or client the information sheet established by the commissioner of 
1.17 	human services under section 245.0412 that:
1.18 	(1) describes the process by which the patient or client may voluntarily request 
1.19 	placement of the patient's or client's own name in the database to be denied a firearms 
1.20 	permit and be prohibited from purchasing firearms; and
1.21 	(2) informs the patient or client that the patient or client may voluntarily transfer 
1.22 	some or all of the patient's or client's firearms and ammunition to a chief of police, sheriff, 
1.23 	or federally licensed firearms dealer.

2.1 	Sec. 2. Minnesota Statutes 2014, section 245.041, is amended to read:
2.2 	245.041 PROVISION OF FIREARMS AND EXPLOSIVES BACKGROUND 
2.3 	CHECK INFORMATION.
2.4 	(a) Notwithstanding section 253B.23, subdivision 9, the commissioner of human 
2.5 	services shall provide commitment information to local law enforcement agencies on an 
2.6 	individual request basis by means of electronic data transfer from the Department of 
2.7 	Human Services through the Minnesota Crime Information System for the sole purpose of 
2.8 	facilitating a firearms background check under section 624.7131, 624.7132, or 624.714, 
2.9 	or an explosives background check under section 299F.73, 299F.74, 299F.75, 299F.77, 
2.10 	or 299F.785. The information to be provided is limited to whether the person has been 
2.11 	committed under chapter 253B and, if so, the type of commitment.
2.12 	(b) The commissioner of human services shall provide the identities of adult 
2.13 	individuals who have voluntarily placed their names in the commissioner's voluntary 
2.14 	database of individuals who wish to be denied a firearms permit and be prohibited from 
2.15 	purchasing firearms, in accordance with section 245.0411, to local law enforcement 
2.16 	agencies on an individual-request basis by means of electronic data transfer from the 
2.17 	Department of Human Services through the Minnesota Crime Information System for the 
2.18 	purpose of facilitating a firearms background check under section 624.7131, 624.7132, or 
2.19 	624.714, or an explosives background check under section 299F.73, 299F.74, 299F.75, 
2.20 	299F.77, or 299F.785. The information provided is limited to whether the person has 
2.21 	voluntarily submitted a request to be listed.

2.22 	Sec. 3. [245.0411] VOLUNTARY DATABASE FOR FIREARMS PERMIT 
2.23 	DENIAL.
2.24 		Subdivision 1.Central database; establishment. The commissioner of human 
2.25 	services shall establish and maintain an electronic central database of the names of adult 
2.26 	persons who voluntarily submit a request to be denied a firearms permit and be prohibited 
2.27 	from purchasing firearms. The commissioner shall establish a process for an individual to 
2.28 	submit the request and to affirm the individual's identity.
2.29 		Subd. 2.Duties of commissioner. (a) The commissioner shall establish a form 
2.30 	to be submitted by an individual who wishes to have that individual's name entered in 
2.31 	the voluntary database in order to be denied a firearms permit and be prohibited from 
2.32 	purchasing firearms. The commissioner shall make the form available to health care 
2.33 	providers, mental health providers, and the public.
2.34 	(b) The commissioner shall develop an information sheet to be distributed to patients 
2.35 	or clients by health care and mental health professionals that describes how the patient 
3.1 	or client can voluntarily have the patient's or client's name placed in the commissioner's 
3.2 	voluntary database.
3.3 	(c) The commissioner shall establish a retention schedule and a process by which an 
3.4 	individual can have the individual's name removed from the voluntary database.
3.5 	(d) The commissioner shall provide access to the names reported under this section, 
3.6 	through electronic data transfer from the Department of Human Services to the Minnesota 
3.7 	Crime Information System, for the sole purpose of facilitating firearms background checks 
3.8 	under section 624.7131, 624.7132, or 624.714, or an explosives background check under 
3.9 	section 299F.73, 299F.74, 299F.75, 299F.77, or 299F.785. Data shall not be released at 
3.10 	any time for any other purpose.
3.11 	(e) The commissioner shall adopt rules to administer the voluntary database and 
3.12 	make information available through electronic data transfer to the Minnesota Crime 
3.13 	Information System.
3.14 		Subd. 3.Data. Data on individuals collected by the commissioner under this section 
3.15 	are private data on individuals as defined in section 13.02, subdivision 12, and may be 
3.16 	used only for the purposes specified in subdivision 2 and section 245.041, paragraph (b), 
3.17 	according to rules adopted by the commissioner.

3.18 	Sec. 4. [245.0412] VOLUNTARY FIREARM TRANSFER; LAW 
3.19 	ENFORCEMENT ROLE.
3.20 	(a) Any person who has voluntarily requested and been granted inclusion in the 
3.21 	voluntary database created by the commissioner of human services under section 245.0411, 
3.22 	subdivision 2, may transfer any number or amount of firearms and ammunition owned or 
3.23 	possessed by the person to the chief of police or sheriff in any jurisdiction, or to a federally 
3.24 	licensed firearms dealer. Any transfer of items under this section is a voluntary act and 
3.25 	may be reversed upon request by the person in accordance with policies developed by the 
3.26 	chief or sheriff. Unless a reversal of the transfer and return of the items is requested in 
3.27 	writing by the person, the transfer is limited to and may not exceed in duration the fixed or 
3.28 	contingent time period specified by the person at the time of the transfer, plus any voluntary 
3.29 	written renewal or extension of that term provided to the chief or sheriff by the person.
3.30 	(b) A chief, sheriff, or federally licensed firearms dealer accepting firearms and 
3.31 	ammunition transferred by a person under section 245.0411, subdivision 2, may charge 
3.32 	the person a reasonable fee to store the firearms and may establish policies for disposal of 
3.33 	abandoned firearms, provided the policies require that the respondent be notified prior to 
3.34 	disposal of abandoned firearms.
4.1 	(c) Upon the voluntary transfer of any firearms and ammunition by a person acting 
4.2 	under section 245.0411, subdivision 2, the chief of police, sheriff, or federally licensed 
4.3 	firearms dealer must issue the person a detailed receipt for the items and, if necessary, must 
4.4 	label the items in a manner designed to preserve record of ownership. At any time, the 
4.5 	person may request that the firearms and ammunition be returned to that person by the chief, 
4.6 	sheriff, or federally licensed firearms dealer or that they be assigned to another person. The 
4.7 	person is not eligible for return of the firearms and ammunition until the person's name is 
4.8 	removed from the voluntary database. Before releasing any voluntarily transferred items 
4.9 	to the person or the person's assignee, the chief, sheriff, or federally licensed firearms 
4.10 	dealer must confirm that the person is not otherwise prohibited from possessing firearms 
4.11 	under state or federal law. A federally licensed firearms dealer returning any voluntarily 
4.12 	transferred items shall comply with state and federal law as though transferring a firearm 
4.13 	from the dealer's own inventory. Proof that an assignee is validly licensed as a federal 
4.14 	firearms dealer under United States Code, title 18, section 923, is sufficient evidence that 
4.15 	the assignee is not prohibited by law from possessing firearms for purposes of this section.
4.16 	(d) If a person acting in accordance with section 245.0411, subdivision 2, transfers 
4.17 	firearms and ammunition owned by another person, the lawful owner may request the 
4.18 	return of the items to that owner or an assignee. In processing the request, the chief, 
4.19 	sheriff, or federally licensed firearms dealer must follow the same procedures as would be 
4.20 	required for return of the items to the person having made the transfer.
4.21 	(e) All information related to the voluntary transfer of firearms and ammunition to 
4.22 	a chief of police, sheriff, or federally licensed firearms dealer in accordance with this 
4.23 	section and section 245.0411, subdivision 2, is private data on individuals, as defined 
4.24 	in section 13.02, subdivision 12.
4.25 	(f) A chief of police, sheriff, or federally licensed firearms dealer acting in good 
4.26 	faith and with reasonable prudence under this section is not liable for any damage or 
4.27 	deterioration due to transportation or storage of any firearms or ammunition accepted and 
4.28 	held pursuant to section 245.0411, subdivision 2.
4.29 	(g) Nothing in this section is intended to supersede any other state or federal law 
4.30 	governing the seizure and confiscation of firearms for just cause.

4.31 	Sec. 5. [245.9901] RED FLAG ORDERS.
4.32 		Subdivision 1.Definitions. As used in sections 245.9901 to 245.9906, the term 
4.33 	"family or household members" has the meaning given in section 518B.01, subdivision 2.
4.34 		Subd. 2.Generally. (a) There shall exist an action known as a petition for a red 
4.35 	flag order for protection from gun violence, which order shall enjoin and prohibit the 
5.1 	respondent from possessing firearms for a fixed period. An order may be sought after a 
5.2 	hearing as provided in section 245.9902 or as an ex parte emergency order as provided in 
5.3 	section 245.9904.
5.4 	(b) A petition for relief under sections 245.9901 to 245.9906 may be made by any 
5.5 	family or household members, or by a law enforcement officer, or by a guardian as defined 
5.6 	in section 524.1-201, clause (26).
5.7 	(c) A petition for relief shall allege that the respondent poses a significant danger 
5.8 	of bodily injury to self or to other persons by possessing a firearm, and shall allege that 
5.9 	less restrictive alternatives are inadequate or inappropriate to the circumstances. The 
5.10 	petition shall be accompanied by an affidavit made under oath stating specific facts and 
5.11 	circumstances forming a basis to allege that a red flag order should be granted. The 
5.12 	affidavit may include, but is not limited to, evidence showing any of the factors described 
5.13 	in subdivision 3.
5.14 	(d) A petition for emergency relief under section 245.9904 shall additionally allege 
5.15 	that the respondent presents an immediate and present danger of bodily injury.
5.16 	(e) A petition for relief must state whether there is an existing order in effect under 
5.17 	sections 245.9901 to 245.9906, or chapter 260C or 518B governing the respondent and 
5.18 	whether there is a pending lawsuit, complaint, petition, or other action between the parties 
5.19 	under sections 245.9901 to 245.9906, or chapter 257, 518, 518A, 518B, or 518C. The 
5.20 	court administrator shall verify the terms of any existing order governing the parties. The 
5.21 	court may not delay granting relief because of the existence of a pending action between 
5.22 	the parties or the necessity of verifying the terms of an existing order. A petition for relief 
5.23 	may be granted whether or not there is a pending action between the parties.
5.24 	(f) A petition for relief must describe, to the best of the petitioner's knowledge, 
5.25 	the types and location of any firearms believed by the petitioner to be possessed by the 
5.26 	respondent.
5.27 	(g) The court shall provide simplified forms and clerical assistance to help with the 
5.28 	writing and filing of a petition under this section.
5.29 	(h) The court shall advise a petitioner of the right to file a motion and affidavit and to 
5.30 	sue in forma pauperis, pursuant to section 563.01, and shall assist with the writing and 
5.31 	filing of the motion and affidavit.
5.32 	(i) A red flag order issued under sections 245.9901 to 245.9906 applies throughout 
5.33 	the state.
5.34 	(j) Any proceeding under sections 245.9901 to 245.9906 shall be in addition to 
5.35 	other civil or criminal remedies.
6.1 	(k) All health records and other health information provided in a petition or 
6.2 	considered as evidence in a proceeding under sections 245.9901 to 245.9906 shall be 
6.3 	protected from public disclosure but may be provided to law enforcement agencies as 
6.4 	described in this section.
6.5 	(l) Any red flag order or subsequent extension issued under sections 245.9901 to 
6.6 	245.9906 shall be forwarded by the court administrator within 24 hours to the local 
6.7 	law enforcement agency with jurisdiction over the residence of the respondent. Each 
6.8 	appropriate law enforcement agency shall make available to other law enforcement 
6.9 	officers, through a system for verification, information as to the existence and status of any 
6.10 	red flag order issued under sections 245.9901 to 245.9906.
6.11 		Subd. 3.Grounds for a red flag order for protection from gun violence. The 
6.12 	petitioner may provide any of the following factors as evidence for the court to consider 
6.13 	when deciding whether to grant an order for protection from gun violence. The court 
6.14 	may consider any of the following factors, whether or not the petitioner has provided 
6.15 	evidence of the same:
6.16 	(1) a history of threats or acts of violence by the respondent directed toward the 
6.17 	respondent's self or another person;
6.18 	(2) the history of use, attempted use, or threatened use of physical force by the 
6.19 	respondent against another person;
6.20 	(3) a violation of any court order including, but not limited to, orders issued under 
6.21 	sections 245.9901 to 245.9906, or chapter 260C or 518B;
6.22 	(4) a prior arrest for a felony offense;
6.23 	(5) a conviction or prior arrest for a violent misdemeanor offense, for a stalking 
6.24 	offense under section 609.749, or for domestic assault under section 609.2242;
6.25 	(6) the unlawful and reckless use, display, or brandishing of a firearm by the 
6.26 	respondent; and
6.27 	(7) a conviction for an offense involving controlled substances or alcohol factored 
6.28 	against countervailing evidence of recovery from abuse of controlled substances or alcohol.

6.29 	Sec. 6. [245.9902] RED FLAG ORDERS ISSUED AFTER A HEARING.
6.30 		Subdivision 1.Hearing. (a) Upon receipt of the petition for an order after a hearing, 
6.31 	the court shall order a hearing which shall be held not later than 14 days from the date 
6.32 	of the order for hearing.
6.33 	(b) The court shall advise the petitioner of the right to request an emergency red flag 
6.34 	order under section 245.9904 separately from or simultaneously with the petition under 
6.35 	this subdivision.
7.1 	(c) Personal service of notice for the hearing may be made upon the respondent at 
7.2 	any time up to 12 hours prior to the time set for the hearing, provided that the respondent 
7.3 	at the hearing may request a continuance of up to five days if the respondent is served 
7.4 	fewer than five days prior to the hearing, which continuance shall be granted unless there 
7.5 	are compelling reasons not to do so. If the court grants the requested continuance, and 
7.6 	an existing emergency order under section 245.9904 will expire due to the continuance, 
7.7 	the court shall also issue a written order continuing the emergency order pending the new 
7.8 	time set for the hearing.
7.9 	(d) Service on the respondent may be made by one-week published notice, as 
7.10 	provided under section 645.11, provided the petitioner files with the court an affidavit 
7.11 	stating that an attempt at personal service made by a sheriff or other law enforcement 
7.12 	or corrections officer was unsuccessful because the respondent is avoiding service by 
7.13 	concealment or otherwise, and that a copy of the petition and notice of hearing has been 
7.14 	mailed to the respondent at the respondent's residence or that the residence is not known 
7.15 	to the petitioner. Service under this paragraph is complete seven days after publication. 
7.16 	The court shall set a new hearing date if necessary to allow the respondent the 12-hour 
7.17 	minimum notice period required under paragraph (c) or if the respondent is not served 
7.18 	within five days before the hearing and requests a continuance under paragraph (c).
7.19 		Subd. 2.Relief by court. (a) At the hearing, the petitioner must prove by a 
7.20 	preponderance of the evidence that (1) the respondent poses a significant danger of bodily 
7.21 	injury to self or other persons by possessing a firearm, and (2) less-restrictive alternatives 
7.22 	are inadequate or inappropriate to the circumstances.
7.23 	(b) In determining whether to grant the order after a hearing, the court shall consider 
7.24 	evidence of all facts identified in section 245.9901, subdivision 3, and may consider any 
7.25 	other evidence that bears on whether the respondent poses a danger to the respondent's 
7.26 	self or others.
7.27 	(c) If the court finds there is a preponderance of the evidence to issue a red flag 
7.28 	order, the court shall issue the order prohibiting the person from possessing a firearm for 
7.29 	the duration of the order. The court shall inform the respondent that the respondent is 
7.30 	prohibited from possessing firearms and shall issue a transfer order under section 245.9905.
7.31 	(d) The order shall have a fixed period, to be determined by the court, of not less 
7.32 	than six months and not more than two years, subject to renewal or extension under 
7.33 	section 245.9903.
7.34 	(e) If there is no existing emergency order under section 245.9904 at the time an 
7.35 	order is granted under this section, the court shall determine by a preponderance of the 
7.36 	evidence whether the respondent presents an immediate and present danger of bodily 
8.1 	injury. If the court so determines, the transfer order shall include the provisions described 
8.2 	in section 245.9905, paragraph (c).
8.3 	(f) If, after a hearing, the court does not issue an order of protection, the court shall 
8.4 	vacate any emergency red flag order currently in effect.

8.5 	Sec. 7. [245.9903] SUBSEQUENT EXTENSIONS.
8.6 	Upon application by any party entitled to petition for an order under section 
8.7 	245.9902, and after notice to the respondent and a hearing, the court may extend the relief 
8.8 	granted in an existing order granted after a hearing under section 245.9902. Application 
8.9 	for an extension may be made any time within the three months before the expiration of 
8.10 	the existing order. The order may be extended for a fixed period of at least six months and 
8.11 	not to exceed two years, if the court makes the same findings by a preponderance of the 
8.12 	evidence as required for granting of an initial order under section 245.9902, subdivision 
8.13 	2, paragraph (c). The court shall consider the same types of evidence as required for the 
8.14 	initial order under section 245.9902, subdivision 2, paragraph (b).

8.15 	Sec. 8. [245.9904] EMERGENCY RED FLAG ORDER FOR PROTECTION 
8.16 	FROM GUN VIOLENCE.
8.17 	(a) In determining whether to grant an emergency red flag order the court shall 
8.18 	consider evidence of all facts identified in section 245.9901, subdivision 3, and may 
8.19 	consider any other evidence that bears on whether the respondent poses a danger to the 
8.20 	respondent's self or other persons.
8.21 	(b) The court shall advise the petitioner of the right to request an order after a hearing 
8.22 	under section 245.9902, separately from or simultaneously with the petition.
8.23 	(c) If the court finds there is reasonable grounds that (1) respondent poses a 
8.24 	significant danger of bodily injury to the respondent's self or to other persons by 
8.25 	possessing a firearm, (2) less restrictive alternatives are inappropriate or inadequate to the 
8.26 	circumstances, and (3) respondent presents an immediate and present danger of bodily 
8.27 	injury, the court shall issue an ex parte emergency order prohibiting the respondent from 
8.28 	possessing a firearm for the duration of the order. The order shall inform the respondent 
8.29 	that the respondent is prohibited from possessing firearms and shall issue a transfer order 
8.30 	under section 245.9905, paragraph (c).
8.31 	(d) A finding by the court that there is a basis for issuing an emergency red flag order 
8.32 	constitutes a finding that sufficient reasons exist not to require notice under applicable 
8.33 	court rules governing applications for ex parte relief.
9.1 	(e) The emergency order shall have a fixed period of 14 days, unless a hearing is 
9.2 	set under section 245.9902 on an earlier date, in which case the order shall expire upon a 
9.3 	judge's finding that no order is issued under section 245.9902.
9.4 	(f) Except as provided in paragraph (g), the respondent shall be personally served 
9.5 	immediately with a copy of the emergency order and a copy of the petition and, if a hearing 
9.6 	is requested by the petitioner under section 245.9902, notice of the date set for the hearing. 
9.7 	If the petitioner does not request a hearing under section 245.9902, an order served on a 
9.8 	respondent under this subdivision must include a notice advising the respondent of the 
9.9 	right to request a hearing challenging the issuance of the emergency order, and must be 
9.10 	accompanied by a form that can be used by the respondent to request a hearing.
9.11 	(g) Service of the emergency order may be made by published notice, as provided 
9.12 	under section 245.9902, subdivision 1, paragraph (d), provided that the petitioner files 
9.13 	the affidavit required under that subdivision. If the petitioner does not request a hearing 
9.14 	under section 245.9902, the petition mailed to the respondent's residence, if known, must 
9.15 	be accompanied by the form for requesting a hearing described in paragraph (f).

9.16 	Sec. 9. [245.9905] TRANSFER OF FIREARMS.
9.17 	(a) Upon issuance of any red flag order for protection from gun violence, the court 
9.18 	shall order the respondent to transfer any firearms the person possesses, within 24 hours, 
9.19 	to a federally licensed firearms dealer or a law enforcement agency. The transfer may be 
9.20 	permanent or temporary. A temporary firearm transfer only entitles the receiving party to 
9.21 	possess the firearm and does not transfer ownership or title. If the respondent makes a 
9.22 	temporary transfer, a federally licensed firearms dealer or law enforcement agency may 
9.23 	charge the respondent a reasonable fee to store the firearms and may establish policies 
9.24 	for disposal of abandoned firearms, provided these policies require that the respondent be 
9.25 	notified prior to disposal of abandoned firearms. For temporary firearms transfers under 
9.26 	this section, a law enforcement agency or federally licensed firearms dealer shall return 
9.27 	the transferred firearms to the respondent upon request after the expiration of the order, 
9.28 	provided the respondent is not otherwise prohibited from possessing firearms under state 
9.29 	or federal law. A federally licensed firearms dealer returning firearms shall comply with 
9.30 	state and federal law as though transferring a firearm from the dealer's own inventory. 
9.31 	If a respondent permanently transfers the respondent's firearms to a law enforcement 
9.32 	agency, the agency is not required to compensate the respondent and may charge the 
9.33 	respondent a reasonable processing fee. A law enforcement agency is not required to 
9.34 	accept a respondent's firearm under this section.
10.1 	(b) The respondent must file proof of transfer as provided in this paragraph. A law 
10.2 	enforcement agency or federally licensed firearms dealer accepting transfer of a firearm 
10.3 	pursuant to this section shall provide proof of transfer to the respondent. The proof of 
10.4 	transfer must specify whether the firearms were permanently or temporarily transferred 
10.5 	and must include the name of the respondent, date of transfer, and the serial number, 
10.6 	manufacturer, and model of all transferred firearms. The respondent shall, within two 
10.7 	business days after being served with the order: (1) file a copy of proof of transfer with 
10.8 	the court, and attest that all firearms owned or possessed at the time of the order have 
10.9 	been transferred in accordance with this section and that the person currently does not 
10.10 	possess any firearms, or (2) attest that, at the time of the order, the respondent neither 
10.11 	owned nor possessed any firearms, and that the respondent currently neither owns nor 
10.12 	possesses any firearms.
10.13 	(c) If a court issues an emergency order under section 245.9904, or makes a finding 
10.14 	of immediate and present danger under section 245.9902, subdivision 2, paragraph (e), the 
10.15 	court shall order the local law enforcement agency to take immediate possession of all 
10.16 	firearms in the respondent's possession. The local law enforcement agency shall return 
10.17 	the firearms to the respondent upon request after the expiration of the order, provided the 
10.18 	respondent is not otherwise prohibited from possessing firearms under state or federal law. 
10.19 	The local law enforcement agency shall, upon written notice from the respondent, transfer 
10.20 	the firearms to a federally licensed firearms dealer. Before a local law enforcement 
10.21 	agency transfers a firearm under this paragraph, the agency shall require the federally 
10.22 	licensed firearms dealer receiving the firearm to submit a proof of transfer that complies 
10.23 	with the requirements for proofs of transfer established in paragraph (b). The agency 
10.24 	shall file all proofs of transfer received with the court within two business days of the 
10.25 	transfer. A federally licensed firearms dealer who accepts a firearm transfer pursuant to 
10.26 	this paragraph shall comply with paragraphs (a) and (b) as if accepting transfer directly 
10.27 	from the respondent. If the law enforcement agency does not receive written notice from 
10.28 	the respondent within three business days, the agency may charge a reasonable fee to store 
10.29 	respondent's firearms. A law enforcement agency may establish policies for disposal of 
10.30 	abandoned firearms, provided these policies require that the respondent be notified prior to 
10.31 	disposal of abandoned firearms.

10.32 	Sec. 10. [245.9906] OFFENSES.
10.33 		Subdivision 1.False information or harassment. A person who petitions for a red 
10.34 	flag order under section 245.9902 or 245.9904, knowing any information in the petition to 
10.35 	be materially false or with the intent to harass, abuse, or threaten, is guilty of a misdemeanor.
11.1 		Subd. 2.Violation of order. A person who possesses a firearm and knows or 
11.2 	should have known that the person is prohibited from doing so by a red flag order under 
11.3 	section 245.9902 or 245.9904, or by an order of protection granted by a judge or referee 
11.4 	pursuant to a substantially similar law of another state, is guilty of a misdemeanor and 
11.5 	shall be prohibited from possessing firearms for a period of five years. Each red flag order 
11.6 	granted under this chapter must contain a conspicuous notice to the respondent regarding 
11.7 	the penalty for violation of the order.

11.8 	Sec. 11. Minnesota Statutes 2014, section 624.713, subdivision 1, is amended to read:
11.9 		Subdivision 1.Ineligible persons. The following persons shall not be entitled to 
11.10 	possess a pistol or semiautomatic military-style assault weapon or, except for clause (1), 
11.11 	any other firearm:
11.12 	(1) a person under the age of 18 years except that a person under 18 may carry or 
11.13 	possess a pistol or semiautomatic military-style assault weapon (i) in the actual presence 
11.14 	or under the direct supervision of the person's parent or guardian, (ii) for the purpose 
11.15 	of military drill under the auspices of a legally recognized military organization and 
11.16 	under competent supervision, (iii) for the purpose of instruction, competition, or target 
11.17 	practice on a firing range approved by the chief of police or county sheriff in whose 
11.18 	jurisdiction the range is located and under direct supervision; or (iv) if the person has 
11.19 	successfully completed a course designed to teach marksmanship and safety with a pistol 
11.20 	or semiautomatic military-style assault weapon and approved by the commissioner of 
11.21 	natural resources;
11.22 	(2) except as otherwise provided in clause (9), a person who has been convicted of, 
11.23 	or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, 
11.24 	in this state or elsewhere, a crime of violence. For purposes of this section, crime of 
11.25 	violence includes crimes in other states or jurisdictions which would have been crimes of 
11.26 	violence as herein defined if they had been committed in this state;
11.27 	(3) a person who is or has ever been committed in Minnesota or elsewhere by a 
11.28 	judicial determination that the person is mentally ill, developmentally disabled, or mentally 
11.29 	ill and dangerous to the public, as defined in section 253B.02, to a treatment facility, or who 
11.30 	has ever been found incompetent to stand trial or not guilty by reason of mental illness, 
11.31 	unless the person's ability to possess a firearm has been restored under subdivision 4;
11.32 	(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or 
11.33 	gross misdemeanor violation of chapter 152, unless three years have elapsed since the 
11.34 	date of conviction and, during that time, the person has not been convicted of any other 
11.35 	such violation of chapter 152 or a similar law of another state; or a person who is or has 
12.1 	ever been committed by a judicial determination for treatment for the habitual use of a 
12.2 	controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the 
12.3 	person's ability to possess a firearm has been restored under subdivision 4;
12.4 	(5) a person who has been committed to a treatment facility in Minnesota or 
12.5 	elsewhere by a judicial determination that the person is chemically dependent as defined 
12.6 	in section 253B.02, unless the person has completed treatment or the person's ability to 
12.7 	possess a firearm has been restored under subdivision 4. Property rights may not be abated 
12.8 	but access may be restricted by the courts;
12.9 	(6) a peace officer who is informally admitted to a treatment facility pursuant to 
12.10 	section 253B.04 for chemical dependency, unless the officer possesses a certificate from 
12.11 	the head of the treatment facility discharging or provisionally discharging the officer from 
12.12 	the treatment facility. Property rights may not be abated but access may be restricted 
12.13 	by the courts;
12.14 	(7) a person, including a person under the jurisdiction of the juvenile court, who 
12.15 	has been charged with committing a crime of violence and has been placed in a pretrial 
12.16 	diversion program by the court before disposition, until the person has completed the 
12.17 	diversion program and the charge of committing the crime of violence has been dismissed;
12.18 	(8) except as otherwise provided in clause (9), a person who has been convicted in 
12.19 	another state of committing an offense similar to the offense described in section 609.224, 
12.20 	subdivision 3, against a family or household member or section 609.2242, subdivision 
12.21 	3, unless three years have elapsed since the date of conviction and, during that time, the 
12.22 	person has not been convicted of any other violation of section 609.224, subdivision 3, or 
12.23 	609.2242, subdivision 3, or a similar law of another state;
12.24 	(9) a person who has been convicted in this state or elsewhere of assaulting a family 
12.25 	or household member and who was found by the court to have used a firearm in any way 
12.26 	during commission of the assault is prohibited from possessing any type of firearm for the 
12.27 	period determined by the sentencing court;
12.28 	(10) a person who:
12.29 	(i) has been convicted in any court of a crime punishable by imprisonment for a 
12.30 	term exceeding one year;
12.31 	(ii) is a fugitive from justice as a result of having fled from any state to avoid 
12.32 	prosecution for a crime or to avoid giving testimony in any criminal proceeding;
12.33 	(iii) is an unlawful user of any controlled substance as defined in chapter 152;
12.34 	(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere 
12.35 	as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to 
12.36 	the public, as defined in section 253B.02;
13.1 	(v) is an alien who is illegally or unlawfully in the United States;
13.2 	(vi) has been discharged from the armed forces of the United States under 
13.3 	dishonorable conditions;
13.4 	(vii) has renounced the person's citizenship having been a citizen of the United 
13.5 	States; or
13.6 	(viii) is disqualified from possessing a firearm under United States Code, title 18, 
13.7 	section 922(g)(8) or (9), as amended through March 1, 2014;
13.8 	(11) a person who has been convicted of the following offenses at the gross 
13.9 	misdemeanor level, unless three years have elapsed since the date of conviction and, during 
13.10 	that time, the person has not been convicted of any other violation of these sections: section 
13.11 	609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults 
13.12 	motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a 
13.13 	child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring 
13.14 	gun); 609.71 (riot); or 609.749 (stalking). For purposes of this paragraph, the specified 
13.15 	gross misdemeanor convictions include crimes committed in other states or jurisdictions 
13.16 	which would have been gross misdemeanors if conviction occurred in this state;
13.17 	(12) a person who has been convicted of a violation of section 609.224 if the court 
13.18 	determined that the assault was against a family or household member in accordance with 
13.19 	section 609.2242, subdivision 8 3 (domestic assault), unless three years have elapsed since 
13.20 	the date of conviction and, during that time, the person has not been convicted of another 
13.21 	violation of section 609.224 or a violation of a section listed in clause (11); or
13.22 	(13) a person who is subject to an order for protection as described in section 
13.23 	260C.201, subdivision 3, paragraph (d), or 518B.01, subdivision 6, paragraph (g).; or
13.24 	(14) a person who is subject to a red flag order as described in section 245.9902 or 
13.25 	245.9904.
13.26 	A person who issues a certificate pursuant to this section in good faith is not liable 
13.27 	for damages resulting or arising from the actions or misconduct with a firearm committed 
13.28 	by the individual who is the subject of the certificate.
13.29 	The prohibition in this subdivision relating to the possession of firearms other than 
13.30 	pistols and semiautomatic military-style assault weapons does not apply retroactively 
13.31 	to persons who are prohibited from possessing a pistol or semiautomatic military-style 
13.32 	assault weapon under this subdivision before August 1, 1994.
13.33 	The lifetime prohibition on possessing, receiving, shipping, or transporting firearms 
13.34 	for persons convicted or adjudicated delinquent of a crime of violence in clause (2), 
13.35 	applies only to offenders who are discharged from sentence or court supervision for a 
13.36 	crime of violence on or after August 1, 1993.
14.1 	For purposes of this section, "judicial determination" means a court proceeding 
14.2 	pursuant to sections 253B.07 to 253B.09 or a comparable law from another state.

14.3 	Sec. 12. Minnesota Statutes 2014, section 624.713, is amended by adding a subdivision 
14.4 	to read:
14.5 		Subd. 5.Voluntary database; ineligible to possess. Notwithstanding any penalty 
14.6 	provided in this section or any other statute related to the possession or attempted purchase 
14.7 	of firearms or ammunition, a person who is prohibited from purchasing firearms solely 
14.8 	as a result of having voluntarily requested listing in the voluntary register established by 
14.9 	the commissioner of human services according to section 245.0411, is prohibited from 
14.10 	purchasing any firearm and ammunition during the duration of the listing.

14.11 	Sec. 13. Minnesota Statutes 2014, section 624.7131, subdivision 1, is amended to read:
14.12 		Subdivision 1.Information. Any person may apply for a transferee permit by 
14.13 	providing the following information in writing to the chief of police of an organized full 
14.14 	time police department of the municipality in which the person resides or to the county 
14.15 	sheriff if there is no such local chief of police:
14.16 	(1) the name, residence, telephone number, and driver's license number or 
14.17 	nonqualification certificate number, if any, of the proposed transferee;
14.18 	(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing 
14.19 	physical characteristics, if any, of the proposed transferee;
14.20 	(3) a statement that the proposed transferee authorizes the release to the local 
14.21 	police authority of commitment information and information contained in the voluntary 
14.22 	database established by section 245.0411 about the proposed transferee maintained by the 
14.23 	commissioner of human services, as provided in section 245.041, to the extent that the 
14.24 	information relates to the proposed transferee's eligibility to possess or purchase a pistol or 
14.25 	semiautomatic military-style assault weapon under section 624.713, subdivision 1 or 5; and
14.26 	(4) a statement by the proposed transferee that the proposed transferee is not 
14.27 	prohibited by section 624.713 from possessing a pistol or semiautomatic military-style 
14.28 	assault weapon.
14.29 	The statements shall be signed and dated by the person applying for a permit. At 
14.30 	the time of application, the local police authority shall provide the applicant with a 
14.31 	dated receipt for the application. The statement under clause (3) must comply with any 
14.32 	applicable requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, 
14.33 	with respect to consent to disclosure of alcohol or drug abuse patient records.

15.1 	Sec. 14. Minnesota Statutes 2014, section 624.7131, subdivision 2, is amended to read:
15.2 		Subd. 2.Investigation. The chief of police or sheriff shall check criminal histories, 
15.3 	records and warrant information relating to the applicant through the Minnesota Crime 
15.4 	Information System, the national criminal record repository, and the National Instant 
15.5 	Criminal Background Check System. The chief of police or sheriff shall also make a 
15.6 	reasonable effort to check other available state and local record-keeping systems. The 
15.7 	chief of police or sheriff shall obtain commitment information and information contained 
15.8 	in the voluntary database established by section 245.0411 from the commissioner of 
15.9 	human services as provided in section 245.041.

15.10 	Sec. 15. Minnesota Statutes 2014, section 624.7132, subdivision 1, is amended to read:
15.11 		Subdivision 1.Required information. Except as provided in this section and section 
15.12 	624.7131, every person who agrees to transfer a pistol or semiautomatic military-style 
15.13 	assault weapon shall report the following information in writing to the chief of police of the 
15.14 	organized full-time police department of the municipality where the proposed transferee 
15.15 	resides or to the appropriate county sheriff if there is no such local chief of police:
15.16 	(1) the name, residence, telephone number, and driver's license number or 
15.17 	nonqualification certificate number, if any, of the proposed transferee;
15.18 	(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing 
15.19 	physical characteristics, if any, of the proposed transferee;
15.20 	(3) a statement that the proposed transferee authorizes the release from the 
15.21 	commissioner of human services to the local police authority of commitment information 
15.22 	about the proposed transferee maintained by the commissioner of human services, about 
15.23 	the proposed transferee regarding commitment, as provided in section 245.041, and 
15.24 	information contained in the voluntary database established by section 245.0411, to the 
15.25 	extent that the information relates to the proposed transferee's eligibility to possess or 
15.26 	purchase a pistol or semiautomatic military-style assault weapon under section 624.713, 
15.27 	subdivision 1 or 5;
15.28 	(4) a statement by the proposed transferee that the transferee is not prohibited by 
15.29 	section 624.713 from possessing a pistol or semiautomatic military-style assault weapon; 
15.30 	and
15.31 	(5) the address of the place of business of the transferor.
15.32 	The report shall be signed and dated by the transferor and the proposed transferee. 
15.33 	The report shall be delivered by the transferor to the chief of police or sheriff no later 
15.34 	than three days after the date of the agreement to transfer, excluding weekends and legal 
15.35 	holidays. The statement under clause (3) must comply with any applicable requirements 
16.1 	of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect to consent to 
16.2 	disclosure of alcohol or drug abuse patient records.

16.3 	Sec. 16. Minnesota Statutes 2014, section 624.7132, subdivision 2, is amended to read:
16.4 		Subd. 2.Investigation. Upon receipt of a transfer report, the chief of police or 
16.5 	sheriff shall check criminal histories, records and warrant information relating to the 
16.6 	proposed transferee through the Minnesota Crime Information System, the national 
16.7 	criminal record repository, and the National Instant Criminal Background Check System. 
16.8 	The chief of police or sheriff shall also make a reasonable effort to check other available 
16.9 	state and local record-keeping systems. The chief of police or sheriff shall obtain, from 
16.10 	the commissioner of human services, commitment information from the commissioner of 
16.11 	human services as provided in section 245.041 and information contained in the voluntary 
16.12 	database established by section 245.0411.

16.13 	Sec. 17. Minnesota Statutes 2014, section 624.714, subdivision 3, is amended to read:
16.14 		Subd. 3.Form and contents of application. (a) Applications for permits to carry 
16.15 	must be an official, standardized application form, adopted under section 624.7151, and 
16.16 	must set forth in writing only the following information:
16.17 	(1) the applicant's name, residence, telephone number, if any, and driver's license 
16.18 	number or state identification card number;
16.19 	(2) the applicant's sex, date of birth, height, weight, and color of eyes and hair, and 
16.20 	distinguishing physical characteristics, if any;
16.21 	(3) the township or statutory city or home rule charter city, and county, of all 
16.22 	Minnesota residences of the applicant in the last five years, though not including specific 
16.23 	addresses;
16.24 	(4) the township or city, county, and state of all non-Minnesota residences of the 
16.25 	applicant in the last five years, though not including specific addresses;
16.26 	(5) a statement that the applicant authorizes the release of commitment information 
16.27 	from the commissioner of human services to the sheriff of commitment information about 
16.28 	the applicant maintained by the commissioner of human servicesas provided in section 
16.29 	245.041, and information contained in the voluntary database established by section 
16.30 	245.0411, or any similar agency or department of another state where the applicant has 
16.31 	resided, to the extent that the information relates to the applicant's eligibility to possess 
16.32 	a firearm; and
16.33 	(6) a statement by the applicant that, to the best of the applicant's knowledge and 
16.34 	belief, the applicant is not prohibited by law from possessing a firearm.
17.1 	(b) The statement under paragraph (a), clause (5), must comply with any applicable 
17.2 	requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect 
17.3 	to consent to disclosure of alcohol or drug abuse patient records.
17.4 	(c) An applicant must submit to the sheriff an application packet consisting only of 
17.5 	the following items:
17.6 	(1) a completed application form, signed and dated by the applicant;
17.7 	(2) an accurate photocopy of the certificate described in subdivision 2a, paragraph 
17.8 	(c), that is submitted as the applicant's evidence of training in the safe use of a pistol; and
17.9 	(3) an accurate photocopy of the applicant's current driver's license, state 
17.10 	identification card, or the photo page of the applicant's passport.
17.11 	(d) In addition to the other application materials, a person who is otherwise ineligible 
17.12 	for a permit due to a criminal conviction but who has obtained a pardon or expungement 
17.13 	setting aside the conviction, sealing the conviction, or otherwise restoring applicable 
17.14 	rights, must submit a copy of the relevant order.
17.15 	(e) Applications must be submitted in person.
17.16 	(f) The sheriff may charge a new application processing fee in an amount not 
17.17 	to exceed the actual and reasonable direct cost of processing the application or $100, 
17.18 	whichever is less. Of this amount, $10 must be submitted to the commissioner and 
17.19 	deposited into the general fund.
17.20 	(g) This subdivision prescribes the complete and exclusive set of items an applicant 
17.21 	is required to submit in order to apply for a new or renewal permit to carry. The applicant 
17.22 	must not be asked or required to submit, voluntarily or involuntarily, any information, fees, 
17.23 	or documentation beyond that specifically required by this subdivision. This paragraph 
17.24 	does not apply to alternate training evidence accepted by the sheriff under subdivision 
17.25 	2a, paragraph (d).
17.26 	(h) Forms for new and renewal applications must be available at all sheriffs' offices 
17.27 	and the commissioner must make the forms available on the Internet.
17.28 	(i) Application forms must clearly display a notice that a permit, if granted, is 
17.29 	void and must be immediately returned to the sheriff if the permit holder is or becomes 
17.30 	prohibited by law from possessing a firearm. The notice must list the applicable state 
17.31 	criminal offenses and civil categories that prohibit a person from possessing a firearm.
17.32 	(j) Upon receipt of an application packet and any required fee, the sheriff must 
17.33 	provide a signed receipt indicating the date of submission.

17.34 	Sec. 18. Minnesota Statutes 2014, section 624.714, subdivision 4, is amended to read:
18.1 		Subd. 4.Investigation. (a) The sheriff must check, by means of electronic data 
18.2 	transfer, criminal records, histories, and warrant information on each applicant through 
18.3 	the Minnesota Crime Information System and the National Instant Criminal Background 
18.4 	Check System. The sheriff shall also make a reasonable effort to check other available 
18.5 	and relevant federal, state, or local record-keeping systems. The sheriff must obtain, from 
18.6 	the commissioner of human services, commitment information from the commissioner of 
18.7 	human services as provided in section 245.041 and information contained in the voluntary 
18.8 	database established by section 245.0411 or, if the information is reasonably available, as 
18.9 	provided by a similar statute from another state.
18.10 	(b) When an application for a permit is filed under this section, the sheriff must notify 
18.11 	the chief of police, if any, of the municipality where the applicant resides. The police chief 
18.12 	may provide the sheriff with any information relevant to the issuance of the permit.
18.13 	(c) The sheriff must conduct a background check by means of electronic data transfer 
18.14 	on a permit holder through the Minnesota Crime Information System and the National 
18.15 	Instant Criminal Background Check System at least yearly to ensure continuing eligibility. 
18.16 	The sheriff may also conduct additional background checks by means of electronic data 
18.17 	transfer on a permit holder at any time during the period that a permit is in effect.

18.18 	Sec. 19. EFFECTIVE DATE.
 18.19 	Sections 1 to 18 are effective July 1, 2015, and apply to firearm permit background 
18.20 	checks made on or after that date.