1.2relating to public safety; prohibiting persons subject to domestic violence
1.3restraining orders from possessing weapons; requiring persons convicted of
1.4domestic violence offenses to surrender their firearms while they are prohibited
1.5from possessing firearms;amending Minnesota Statutes 2012, sections
1.6260C.201, subdivision 3; 518B.01, subdivision 6; 609.2242, subdivision 3;
1.7609.749, subdivision 8; 624.713, subdivision 1.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9    Section 1. Minnesota Statutes 2012, section 260C.201, subdivision 3, is amended to
1.10read:
1.11    Subd. 3. Domestic child abuse. (a) If the court finds that the child is a victim of
1.12domestic child abuse, as defined in section 260C.007, subdivision 13, it may order any of
1.13the following dispositions of the case in addition to or as alternatives to the dispositions
1.14authorized under subdivision 1:
1.15(1) restrain any party from committing acts of domestic child abuse;
1.16(2) exclude the abusing party from the dwelling which the family or household
1.17members share or from the residence of the child;
1.18(3) on the same basis as is provided in chapter 518, establish temporary visitation
1.19with regard to minor children of the adult family or household members;
1.20(4) on the same basis as is provided in chapter 518 or 518A, establish temporary
1.21support or maintenance for a period of 30 days for minor children or a spouse;
1.22(5) provide counseling or other social services for the family or household members;
1.23or
1.24(6) order the abusing party to participate in treatment or counseling services.
2.1Any relief granted by the order for protection shall be for a fixed period not to
2.2exceed one year.
2.3(b) No order excluding the abusing party from the dwelling may be issued unless
2.4the court finds that:
2.5(1) the order is in the best interests of the child or children remaining in the dwelling;
2.6(2) a remaining adult family or household member is able to care adequately for the
2.7child or children in the absence of the excluded party; and
2.8(3) the local welfare agency has developed a plan to provide appropriate social
2.9services to the remaining family or household members.
2.10(c) Upon a finding that the remaining parent is able to care adequately for the child
2.11and enforce an order excluding the abusing party from the home and that the provision of
2.12supportive services by the responsible social services agency is no longer necessary, the
2.13responsible social services agency may be dismissed as a party to the proceedings. Orders
2.14entered regarding the abusing party remain in full force and effect and may be renewed by
2.15the remaining parent as necessary for the continued protection of the child for specified
2.16periods of time, not to exceed one year.
2.17(d) An order granting relief shall prohibit the abusing party from possessing
2.18firearms for the length the order is in effect if the order (1) restrains the abusing party
2.19from harassing, stalking, or threatening the abused party or restrains the abusing party
2.20from engaging in other conduct that would place the abused party in reasonable fear of
2.21bodily injury, (2) includes a finding that the abusing party represents a credible threat to
2.22the physical safety of the abused party, and (3) prohibits the abusing party from using,
2.23attempting to use, or threatening to use physical force against the abused party. The order
2.24shall inform the abusing party of that party's prohibited status and shall require that the
2.25abusing party surrender to the sheriff any permits to carry or purchase firearms. The court
2.26shall order the person to surrender any firearms that the abusing party controls, owns, or
2.27possesses to a federally licensed firearms dealer or a law enforcement agency. A federally
2.28licensed firearms dealer or law enforcement agency may charge the person a reasonable
2.29fee to store the person's firearms. Federally licensed firearms dealers and law enforcement
2.30agencies may establish policies for disposal of abandoned firearms.

2.31    Sec. 2. Minnesota Statutes 2012, section 518B.01, subdivision 6, is amended to read:
2.32    Subd. 6. Relief by court. (a) Upon notice and hearing, the court may provide
2.33relief as follows:
2.34    (1) restrain the abusing party from committing acts of domestic abuse;
3.1    (2) exclude the abusing party from the dwelling which the parties share or from the
3.2residence of the petitioner;
3.3    (3) exclude the abusing party from a reasonable area surrounding the dwelling or
3.4residence, which area shall be described specifically in the order;
3.5    (4) award temporary custody or establish temporary parenting time with regard to
3.6minor children of the parties on a basis which gives primary consideration to the safety of
3.7the victim and the children. In addition to the primary safety considerations, the court
3.8may consider particular best interest factors that are found to be relevant to the temporary
3.9custody and parenting time award. Findings under section 257.025, 518.17, or 518.175
3.10are not required with respect to the particular best interest factors not considered by the
3.11court. If the court finds that the safety of the victim or the children will be jeopardized by
3.12unsupervised or unrestricted parenting time, the court shall condition or restrict parenting
3.13time as to time, place, duration, or supervision, or deny parenting time entirely, as needed
3.14to guard the safety of the victim and the children. The court's decision on custody and
3.15parenting time shall in no way delay the issuance of an order for protection granting other
3.16relief provided for in this section. The court must not enter a parenting plan under section
3.17518.1705 as part of an action for an order for protection;
3.18    (5) on the same basis as is provided in chapter 518 or 518A, establish temporary
3.19support for minor children or a spouse, and order the withholding of support from the
3.20income of the person obligated to pay the support according to chapter 518A;
3.21    (6) provide upon request of the petitioner counseling or other social services for the
3.22parties, if married, or if there are minor children;
3.23    (7) order the abusing party to participate in treatment or counseling services,
3.24including requiring the abusing party to successfully complete a domestic abuse
3.25counseling program or educational program under section 518B.02;
3.26    (8) award temporary use and possession of property and restrain one or both parties
3.27from transferring, encumbering, concealing, or disposing of property except in the usual
3.28course of business or for the necessities of life, and to account to the court for all such
3.29transfers, encumbrances, dispositions, and expenditures made after the order is served or
3.30communicated to the party restrained in open court;
3.31    (9) exclude the abusing party from the place of employment of the petitioner, or
3.32otherwise limit access to the petitioner by the abusing party at the petitioner's place of
3.33employment;
3.34    (10) order the abusing party to have no contact with the petitioner whether in
3.35person, by telephone, mail, or electronic mail or messaging, through a third party, or
3.36by any other means;
4.1    (11) order the abusing party to pay restitution to the petitioner;
4.2    (12) order the continuance of all currently available insurance coverage without
4.3change in coverage or beneficiary designation;
4.4    (13) order, in its discretion, other relief as it deems necessary for the protection of
4.5a family or household member, including orders or directives to the sheriff or other law
4.6enforcement or corrections officer as provided by this section;
4.7(14) direct the care, possession, or control of a pet or companion animal owned,
4.8possessed, or kept by the petitioner or respondent or a child of the petitioner or respondent;
4.9and
4.10(15) direct the respondent to refrain from physically abusing or injuring any pet or
4.11companion animal, without legal justification, known to be owned, possessed, kept, or
4.12held by either party or a minor child residing in the residence or household of either party
4.13as an indirect means of intentionally threatening the safety of such person.
4.14    (b) Any relief granted by the order for protection shall be for a period not to exceed
4.15two years, except when the court determines a longer period is appropriate. When a
4.16referee presides at the hearing on the petition, the order granting relief becomes effective
4.17upon the referee's signature.
4.18    (c) An order granting the relief authorized in paragraph (a), clause (1), may not be
4.19vacated or modified in a proceeding for dissolution of marriage or legal separation, except
4.20that the court may hear a motion for modification of an order for protection concurrently
4.21with a proceeding for dissolution of marriage upon notice of motion and motion. The
4.22notice required by court rule shall not be waived. If the proceedings are consolidated
4.23and the motion to modify is granted, a separate order for modification of an order for
4.24protection shall be issued.
4.25    (d) An order granting the relief authorized in paragraph (a), clause (2) or (3), is not
4.26voided by the admittance of the abusing party into the dwelling from which the abusing
4.27party is excluded.
4.28    (e) If a proceeding for dissolution of marriage or legal separation is pending between
4.29the parties, the court shall provide a copy of the order for protection to the court with
4.30jurisdiction over the dissolution or separation proceeding for inclusion in its file.
4.31    (f) An order for restitution issued under this subdivision is enforceable as civil
4.32judgment.
4.33(g) An order granting relief under paragraph (a) shall prohibit the abusing party from
4.34possessing firearms for the length the order is in effect if the order (1) restrains the abusing
4.35party from harassing, stalking, or threatening the abused party or restrains the abusing
4.36party from engaging in other conduct that would place the abused party in reasonable fear
5.1of bodily injury, (2) includes a finding that the abusing party represents a credible threat
5.2to cause substantial harm to the physical safety of the abused party, and (3) prohibits the
5.3abusing party from using, attempting to use, or threatening to use physical force against the
5.4abused party. The order shall inform the abusing party of that party's prohibited status and
5.5shall require that the abusing party surrender to the sheriff any permits to carry or purchase
5.6firearms. The court shall order the person to surrender any firearms that the abusing party
5.7controls, owns, or possesses to a federally licensed firearms dealer or a law enforcement
5.8agency. A federally licensed firearms dealer or law enforcement agency may charge the
5.9person a reasonable fee to store the person's firearms. Federally licensed firearms dealers
5.10and law enforcement agencies may establish policies for disposal of abandoned firearms.

5.11    Sec. 3. Minnesota Statutes 2012, section 609.2242, subdivision 3, is amended to read:
5.12    Subd. 3. Domestic assaults; firearms. (a) When a person is convicted of a violation
5.13of this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247, the court shall
5.14determine and make written findings on the record as to whether:
5.15(1) the assault was committed against a family or household member, as defined in
5.16section 518B.01, subdivision 2;
5.17(2) the defendant owns or possesses a firearm; and
5.18(3) the firearm was used in any way during the commission of the assault.
5.19(b) If the court determines that the assault was of a family or household member,
5.20and that the offender owns or possesses a firearm and used it in any way during the
5.21commission of the assault, it shall order that the firearm be summarily forfeited under
5.22section 609.5316, subdivision 3.
5.23(c) When a person is convicted of assaulting a family or household member and is
5.24determined by the court to have used a firearm in any way during commission of the assault,
5.25the court may order that the person is prohibited from possessing any type of firearm for
5.26any period longer than three years or for the remainder of the person's life. A person who
5.27violates this paragraph is guilty of a gross misdemeanor. At the time of the conviction, the
5.28court shall inform the defendant whether and for how long the defendant is prohibited from
5.29possessing a firearm and that it is a gross misdemeanor to violate this paragraph. The failure
5.30of the court to provide this information to a defendant does not affect the applicability of
5.31the firearm possession prohibition or the gross misdemeanor penalty to that defendant.
5.32(d) Except as otherwise provided in paragraph (c), when a person is convicted of a
5.33violation of this section or section 609.224 and the court determines that the victim was
5.34a family or household member and the offense involved the intentional infliction of or
5.35attempt to inflict bodily harm upon another, the court shall inform the defendant that the
6.1defendant is prohibited from possessing a pistol firearm for three years from the date of
6.2conviction and that it is a gross misdemeanor offense to violate this prohibition. The failure
6.3of the court to provide this information to a defendant does not affect the applicability of the
6.4pistol firearm possession prohibition or the gross misdemeanor penalty to that defendant.
6.5(e) Except as otherwise provided in paragraph (c), a person is not entitled to possess
6.6a pistol if the person has been convicted after August 1, 1992, or a firearm if a person has
6.7been convicted on or after the effective date of this act, of domestic assault under this
6.8section or assault in the fifth degree under section 609.224 and the assault victim was a
6.9family or household member as defined in section 518B.01, subdivision 2, and the offense
6.10involved the intentional infliction of or attempt to inflict bodily harm upon another, unless
6.11three years have elapsed from the date of conviction and, during that time, the person has
6.12not been convicted of any other violation of this section or section 609.224. Property
6.13rights may not be abated but access may be restricted by the courts. A person who
6.14possesses a pistol firearm in violation of this paragraph is guilty of a gross misdemeanor.
6.15(f) Except as otherwise provided in paragraph (b), when a person is convicted of
6.16a violation of this section or section 609.221, 609.222, 609.223, or 609.224, involving
6.17the intentional infliction of or attempt to inflict bodily harm upon another, or 609.2247,
6.18and the court determines that the assault was against a family or household member, the
6.19court shall order the person to surrender any firearms that the person controls, owns, or
6.20possesses to a federally licensed firearms dealer or a law enforcement agency. A federally
6.21licensed firearms dealer or law enforcement agency may charge the person a reasonable
6.22fee to store the person's firearms. The court shall order that the person surrender all
6.23permits to carry and purchase firearms to the sheriff. Federally licensed firearms dealers
6.24and law enforcement agencies may establish policies for disposal of abandoned firearms.

6.25    Sec. 4. Minnesota Statutes 2012, section 609.749, subdivision 8, is amended to read:
6.26    Subd. 8. Stalking; firearms. (a) When a person is convicted of a stalking crime
6.27under this section and the court determines that the person used a firearm in any way
6.28during commission of the crime, the court may order that the person is prohibited from
6.29possessing any type of firearm for any period longer than three years or for the remainder
6.30of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor.
6.31At the time of the conviction, the court shall inform the defendant whether and for
6.32how long the defendant is prohibited from possessing a firearm and that it is a gross
6.33misdemeanor to violate this paragraph. The failure of the court to provide this information
6.34to a defendant does not affect the applicability of the firearm possession prohibition or the
6.35gross misdemeanor penalty to that defendant.
7.1(b) Except as otherwise provided in paragraph (a), when a person is convicted of a
7.2stalking crime under this section, the court shall inform the defendant that the defendant is
7.3prohibited from possessing a pistol firearm for three years from the date of conviction and
7.4that it is a gross misdemeanor offense to violate this prohibition. The failure of the court
7.5to provide this information to a defendant does not affect the applicability of the pistol
7.6 firearm possession prohibition or the gross misdemeanor penalty to that defendant.
7.7(c) Except as otherwise provided in paragraph (a), a person is not entitled to possess
7.8a pistol if the person has been convicted after August 1, 1996, of a stalking crime under
7.9this section, or to possess a firearm if the person has been convicted on or after the
7.10effective date of a stalking crime under this section, unless three years have elapsed from
7.11the date of conviction and, during that time, the person has not been convicted of any other
7.12violation of this section. Property rights may not be abated but access may be restricted
7.13by the courts. A person who possesses a pistol firearm in violation of this paragraph is
7.14guilty of a gross misdemeanor.
7.15(d) If the court determines that a person convicted of a stalking crime under this
7.16section owns or possesses a firearm and used it in any way during the commission of
7.17the crime, it shall order that the firearm be summarily forfeited under section 609.5316,
7.18subdivision 3 .
7.19(e) Except as otherwise provided in paragraph (d), when a person is convicted of a
7.20stalking crime under this section, the court shall order the person to surrender any firearms
7.21that the person controls, owns, or possesses to a federally licensed firearms dealer or a
7.22law enforcement agency. A federally licensed firearms dealer or law enforcement agency
7.23may charge the person a reasonable fee to store the person's firearms. The court shall
7.24order that the person surrender all permits to carry and purchase firearms to the sheriff.
7.25Federally licensed firearms dealers and law enforcement agencies may establish policies
7.26for disposal of abandoned firearms.

7.27    Sec. 5. Minnesota Statutes 2012, section 624.713, subdivision 1, is amended to read:
7.28    Subdivision 1. Ineligible persons. The following persons shall not be entitled to
7.29possess a pistol or semiautomatic military-style assault weapon or, except for clause (1),
7.30any other firearm:
7.31(1) a person under the age of 18 years except that a person under 18 may carry or
7.32possess a pistol or semiautomatic military-style assault weapon (i) in the actual presence
7.33or under the direct supervision of the person's parent or guardian, (ii) for the purpose
7.34of military drill under the auspices of a legally recognized military organization and
7.35under competent supervision, (iii) for the purpose of instruction, competition, or target
8.1practice on a firing range approved by the chief of police or county sheriff in whose
8.2jurisdiction the range is located and under direct supervision; or (iv) if the person has
8.3successfully completed a course designed to teach marksmanship and safety with a pistol
8.4or semiautomatic military-style assault weapon and approved by the commissioner of
8.5natural resources;
8.6(2) except as otherwise provided in clause (9), a person who has been convicted of,
8.7or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing,
8.8in this state or elsewhere, a crime of violence. For purposes of this section, crime of
8.9violence includes crimes in other states or jurisdictions which would have been crimes of
8.10violence as herein defined if they had been committed in this state;
8.11(3) a person who is or has ever been committed in Minnesota or elsewhere by a
8.12judicial determination that the person is mentally ill, developmentally disabled, or mentally
8.13ill and dangerous to the public, as defined in section 253B.02, to a treatment facility, or who
8.14has ever been found incompetent to stand trial or not guilty by reason of mental illness,
8.15unless the person's ability to possess a firearm has been restored under subdivision 4;
8.16(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
8.17gross misdemeanor violation of chapter 152, unless three years have elapsed since the
8.18date of conviction and, during that time, the person has not been convicted of any other
8.19such violation of chapter 152 or a similar law of another state; or a person who is or has
8.20ever been committed by a judicial determination for treatment for the habitual use of a
8.21controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the
8.22person's ability to possess a firearm has been restored under subdivision 4;
8.23(5) a person who has been committed to a treatment facility in Minnesota or
8.24elsewhere by a judicial determination that the person is chemically dependent as defined
8.25in section 253B.02, unless the person has completed treatment or the person's ability to
8.26possess a firearm has been restored under subdivision 4. Property rights may not be abated
8.27but access may be restricted by the courts;
8.28(6) a peace officer who is informally admitted to a treatment facility pursuant to
8.29section 253B.04 for chemical dependency, unless the officer possesses a certificate from
8.30the head of the treatment facility discharging or provisionally discharging the officer from
8.31the treatment facility. Property rights may not be abated but access may be restricted
8.32by the courts;
8.33(7) a person, including a person under the jurisdiction of the juvenile court, who
8.34has been charged with committing a crime of violence and has been placed in a pretrial
8.35diversion program by the court before disposition, until the person has completed the
8.36diversion program and the charge of committing the crime of violence has been dismissed;
9.1(8) except as otherwise provided in clause (9), a person who has been convicted in
9.2another state of committing an offense similar to the offense described in section 609.224,
9.3subdivision 3 , against a family or household member or section 609.2242, subdivision
9.43 , unless three years have elapsed since the date of conviction and, during that time, the
9.5person has not been convicted of any other violation of section 609.224, subdivision 3, or
9.6609.2242, subdivision 3 , or a similar law of another state;
9.7(9) a person who has been convicted in this state or elsewhere of assaulting a family
9.8or household member and who was found by the court to have used a firearm in any way
9.9during commission of the assault is prohibited from possessing any type of firearm for the
9.10period determined by the sentencing court;
9.11(10) a person who:
9.12(i) has been convicted in any court of a crime punishable by imprisonment for a
9.13term exceeding one year;
9.14(ii) is a fugitive from justice as a result of having fled from any state to avoid
9.15prosecution for a crime or to avoid giving testimony in any criminal proceeding;
9.16(iii) is an unlawful user of any controlled substance as defined in chapter 152;
9.17(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
9.18as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
9.19the public, as defined in section 253B.02;
9.20(v) is an alien who is illegally or unlawfully in the United States;
9.21(vi) has been discharged from the armed forces of the United States under
9.22dishonorable conditions; or
9.23(vii) has renounced the person's citizenship having been a citizen of the United
9.24States; or
9.25(viii) is subject to an order for protection as described in section 518B.01,
9.26subdivision 6, paragraph (g); or
9.27(11) a person who has been convicted of the following offenses at the gross
9.28misdemeanor level, unless three years have elapsed since the date of conviction and, during
9.29that time, the person has not been convicted of any other violation of these sections: section
9.30609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults
9.31motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a
9.32child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring
9.33gun); 609.71 (riot); or 609.749 (stalking). For purposes of this paragraph, the specified
9.34gross misdemeanor convictions include crimes committed in other states or jurisdictions
9.35which would have been gross misdemeanors if conviction occurred in this state.
10.1A person who issues a certificate pursuant to this section in good faith is not liable
10.2for damages resulting or arising from the actions or misconduct with a firearm committed
10.3by the individual who is the subject of the certificate.
10.4The prohibition in this subdivision relating to the possession of firearms other than
10.5pistols and semiautomatic military-style assault weapons does not apply retroactively
10.6to persons who are prohibited from possessing a pistol or semiautomatic military-style
10.7assault weapon under this subdivision before August 1, 1994.
10.8The lifetime prohibition on possessing, receiving, shipping, or transporting firearms
10.9for persons convicted or adjudicated delinquent of a crime of violence in clause (2),
10.10applies only to offenders who are discharged from sentence or court supervision for a
10.11crime of violence on or after August 1, 1993.
10.12For purposes of this section, "judicial determination" means a court proceeding
10.13pursuant to sections 253B.07 to 253B.09 or a comparable law from another state.