HF 2531

Subdivision 1.

Ineligible persons.

The following persons shall not be entitled to
possess a pistol or semiautomatic military-style assault weapon or, except for clause (a),
any other firearm:

(a) a person under the age of 18 years except that a person under 18 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;

(b) except as otherwise provided in clause (i), 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;

(c) a person who is or has ever been confined 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,new text begin and United States Code, title 18, section 922(g),new text end 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 possesses a certificate of a medical doctor
or psychiatrist licensed in Minnesota, or other satisfactory proof that the person is no
longer suffering from this disability;

(d) a person who has been convicted in Minnesota or elsewhere of a misdemeanor
or gross misdemeanor violation of chapter 152, or a person who is or has ever been
hospitalized or committed for treatment for the habitual use of a controlled substance
or marijuana, as defined in sections 152.01 and 152.02, unless the person possesses a
certificate of a medical doctor or psychiatrist licensed in Minnesota, or other satisfactory
proof, that the person has not abused a controlled substance or marijuana during the
previous two years;

(e) a person who has been confined or committed to a treatment facility in Minnesota
or elsewhere as chemically dependent as defined in section 253B.02, unless the person
has completed treatment. Property rights may not be abated but access may be restricted
by the courts;

(f) 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;

(g) 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;

(h) except as otherwise provided in clause (i), 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;

(i) 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 for the
period determined by the sentencing court;

(j) a person who:

(1) has been convicted in any court of a crime punishable by imprisonment for a
term exceeding one year;

(2) 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;

(3) is an unlawful user of any controlled substance as defined in chapter 152;

(4) 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.02new text begin , and United States Code, title 18, section 922(g)new text end ;

(5) is an alien who is illegally or unlawfully in the United States;

(6) has been discharged from the armed forces of the United States under
dishonorable conditions; or

(7) has renounced the person's citizenship having been a citizen of the United
States; or

(k) 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 and 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.

A person who issues a certificate pursuant to this subdivision in good faith is not
liable for damages resulting or arising from the actions or misconduct with a firearm
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
for persons convicted or adjudicated delinquent of a crime of violence in clause (b),
applies only to offenders who are discharged from sentence or court supervision for a
crime of violence on or after August 1, 1993.