HF 4075

HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
This Document can be made available  Printed
in alternative formats upon request  State of Minnesota  Page No.    315
  HOUSE OF REPRESENTATIVES
  NINETY-FOURTH SESSION
  H. F. No.  4075
03/09/2026    Authored by Scott, Moller, Rarick, Curran and Rehrauer
  The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy
03/16/2026    Adoption of Report: Amended and re-referred to the Committee on Judiciary Finance and Civil Law
04/07/2026    Adoption of Report: Placed on the General Register as Amended
  Read for the Second Time
04/23/2026    Calendar for the Day
  Read for the Third Time
  Passed by the House and transmitted to the Senate
04/30/2026    Passed by the Senate and returned to the House
05/06/2026    Presented to Governor
05/07/2026    Governor Approval
1.1A bill for an act
1.2relating to public safety; establishing a uniform procedure for imposition,
1.3implementation, and oversight of firearm restrictions resulting from certain criminal
1.4convictions and judicial orders; amending Minnesota Statutes 2024, sections
1.5260C.201, subdivision 3; 518B.01, subdivisions 6, 14; 609.2242, subdivision 3;
1.6609.749, subdivision 8; 629.715, subdivision 2; Minnesota Statutes 2025
1.7Supplement, sections 260C.141, subdivision 1; 518B.01, subdivision 4; proposing
1.8coding for new law in Minnesota Statutes, chapter 518B.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10Section 1. Minnesota Statutes 2025 Supplement, section 260C.141, subdivision 1, is
1.11amended to read:
1.12Subdivision 1. Who may file; required form. (a) Any reputable person, including but
1.13not limited to any agent of the commissioner of children, youth, and families, having
1.14knowledge of a child in this state or of a child who is a resident of this state, who appears
1.15to be in need of protection or services or neglected and in foster care, may petition the
1.16juvenile court in the manner provided in this section.
1.17(b) A petition for a child in need of protection filed by an individual who is not a county
1.18attorney or an agent of the commissioner of children, youth, and families shall be filed on
1.19a form developed by the state court administrator and provided to court administrators.
1.20Copies of the form may be obtained from the court administrator in each county. The court
1.21administrator shall review the petition before it is filed to determine that it is completed.
1.22The court administrator may reject the petition if it does not indicate that the petitioner has
1.23contacted the responsible social services agency.
1.24An individual may file a petition under this subdivision without seeking internal review
1.25of the responsible social services agency's decision. The court shall determine whether there
Section 1.  1
HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
2.1  is probable cause to believe that a need for protection or services exists before the matter
2.2  is set for hearing. If the matter is set for hearing, the court administrator shall notify the
2.3  responsible social services agency by sending notice to the county attorney.
2.4      The petition must contain:
2.5      (1) a statement of facts that would establish, if proven, that there is a need for protection
2.6  or services for the child named in the petition;
2.7      (2) a statement that petitioner has reported the circumstances underlying the petition to
2.8  the responsible social services agency, and protection or services were not provided to the
2.9  child;
2.10     (3) a statement whether there are existing juvenile or family court custody orders or
2.11 pending proceedings in juvenile or family court concerning the child;
2.12     (4) a statement of the relationship of the petitioner to the child and any other parties;
2.13 and
2.14     (5) a statement whether the petitioner has inquired of the parent or parents of the child,
2.15 the child, and relatives about the child's heritage, including the child's Tribal lineage pursuant
2.16 to section 260.761 and the child's race, culture, and ethnicity pursuant to section 260.63,
2.17 subdivision 10.; and
2.18     (6) a description, to the best of the petitioner's knowledge, of the types and locations of
2.19 any firearms believed by the petitioner to be possessed by the abusing party or otherwise
2.20 in the home of the child, if the abusing party lives with the child.
2.21     The court may not allow a petition to proceed under this paragraph if it appears that the
2.22 sole purpose of the petition is to modify custody between the parents. A court may not
2.23 dismiss a petition if the petitioner does not provide a description of firearms or the locations
2.24 of firearms owned by the respondent as required in clause (6).
2.25   Sec. 2. Minnesota Statutes 2024, section 260C.201, subdivision 3, is amended to read:
2.26     Subd. 3. Domestic child abuse. (a) If the court finds that the child is a victim of domestic
2.27 child abuse, as defined in section 260C.007, subdivision 13, it may order any of the following
2.28 dispositions of the case in addition to or as alternatives to the dispositions authorized under
2.29 subdivision 1:
2.30     (1) restrain any party from committing acts of domestic child abuse;
2.31     (2) exclude the abusing party from the dwelling which the family or household members
2.32 share or from the residence of the child;
Sec. 2.  2
HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
3.1      (3) on the same basis as is provided in chapter 518, establish temporary visitation with
3.2  regard to minor children of the adult family or household members;
3.3      (4) on the same basis as is provided in chapter 518 or 518A, establish temporary support
3.4  or maintenance for a period of 30 days for minor children or a spouse;
3.5      (5) provide counseling or other social services for the family or household members; or
3.6      (6) order the abusing party to participate in treatment or counseling services.
3.7      Any relief granted by the order for protection shall be for a fixed period not to exceed
3.8  one year.
3.9      (b) No order excluding the abusing party from the dwelling may be issued unless the
3.10 court finds that:
3.11     (1) the order is in the best interests of the child or children remaining in the dwelling;
3.12     (2) a remaining adult family or household member is able to care adequately for the
3.13 child or children in the absence of the excluded party; and
3.14     (3) the local welfare agency has developed a plan to provide appropriate social services
3.15 to the remaining family or household members.
3.16     (c) Upon a finding that the remaining parent is able to care adequately for the child and
3.17 enforce an order excluding the abusing party from the home and that the provision of
3.18 supportive services by the responsible social services agency is no longer necessary, the
3.19 responsible social services agency may be dismissed as a party to the proceedings. Orders
3.20 entered regarding the abusing party remain in full force and effect and may be renewed by
3.21 the remaining parent as necessary for the continued protection of the child for specified
3.22 periods of time, not to exceed one year.
3.23     (d) An order granting relief that was issued after a hearing of which the abusing party
3.24 received actual notice and at which the abusing party had the opportunity to participate,
3.25 shall prohibit the abusing party from possessing firearms for the length the order is in effect
3.26 if the order (1) restrains the abusing party from harassing, stalking, or threatening the child
3.27 or restrains the abusing party from engaging in other conduct that would place the child in
3.28 reasonable fear of bodily injury, and (2) includes a finding that the abusing party represents
3.29 a credible threat to the physical safety of the child or prohibits the abusing party from using,
3.30 attempting to use, or threatening to use physical force against the child. The order shall
3.31 inform the abusing party of that party's prohibited status. Except as provided in paragraph
3.32 (f) (e), the court shall order the abusing party to transfer any firearms that the person
3.33 possesses, within three business days, to a federally licensed firearms dealer, a law
Sec. 2.  3
HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
4.1  enforcement agency, or a third party who may lawfully receive them. The transfer may be
4.2  permanent or temporary. A temporary firearm transfer only entitles the receiving party to
4.3  possess the firearm. A temporary transfer does not transfer ownership or title. An abusing
4.4  party may not transfer firearms to a third party who resides with the abusing party. If an
4.5  abusing party makes a temporary transfer, a federally licensed firearms dealer or law
4.6  enforcement agency may charge the abusing party a reasonable fee to store the person's
4.7  firearms and may establish policies for disposal of abandoned firearms, provided such
4.8  policies require that the person be notified via certified mail prior to disposal of abandoned
4.9  firearms. For temporary firearms transfers under this paragraph, a law enforcement agency,
4.10 federally licensed firearms dealer, or third party shall exercise due care to preserve the
4.11 quality and function of the transferred firearms and shall return the transferred firearms to
4.12 the person upon request after the expiration of the prohibiting time period, provided the
4.13 person is not otherwise prohibited from possessing firearms under state or federal law. The
4.14 return of temporarily transferred firearms to an abusing party shall comply with state and
4.15 federal law. If an abusing party permanently transfers the abusing party's firearms to a law
4.16 enforcement agency, the agency is not required to compensate the abusing party and may
4.17 charge the abusing party a reasonable processing fee. A law enforcement agency is not
4.18 required to accept an abusing party's firearm under this paragraph. as provided for in section
4.19 518B.03 and direct the abusing party to surrender all permits to carry and purchase firearms
4.20 to the court. If the court does not take immediate possession of an abusing party's permit
4.21 to carry or permit to purchase, the abusing party must surrender the permits to the chief law
4.22 enforcement officer who issued the permit as required under sections 624.714, subdivision
4.23 8, and 624.7131, subdivision 7. If the abusing party surrenders their permits to the chief
4.24 law enforcement officer, the person must declare that in the proof of transfer or declaration
4.25 of nonpossession required under section 518B.03, subdivision 3.
4.26     (e) An abusing party who is ordered to transfer firearms under paragraph (d) must file
4.27 proof of transfer as provided for in this paragraph. If the transfer is made to a third party,
4.28 the third party must sign an affidavit under oath before a notary public either acknowledging
4.29 that the abusing party permanently transferred the abusing party's firearms to the third party
4.30 or agreeing to temporarily store the abusing party's firearms until such time as the abusing
4.31 party is legally permitted to possess firearms. The affidavit shall indicate the serial number,
4.32 make, and model of all firearms transferred by the abusing party to the third party. The third
4.33 party shall acknowledge in the affidavit that the third party may be held criminally and
4.34 civilly responsible under section 624.7144 if the abusing party gains access to a transferred
4.35 firearm while the firearm is in the custody of the third party. If the transfer is to a law
4.36 enforcement agency or federally licensed firearms dealer, the law enforcement agency or
Sec. 2.  4
HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
5.1  federally licensed firearms dealer shall provide proof of transfer to the abusing party. The
5.2  proof of transfer must specify whether the firearms were permanently or temporarily
5.3  transferred and include the name of the abusing party, date of transfer, and the serial number,
5.4  make, and model of all transferred firearms. The abusing party shall provide the court with
5.5  a signed and notarized affidavit or proof of transfer as described in this section within two
5.6  business days of the firearms transfer. The court shall seal affidavits and proofs of transfer
5.7  filed pursuant to this paragraph.
5.8      (f) (e) When a court issues an order containing a firearms restriction provided for in
5.9  paragraph (d), the court shall determine by a preponderance of evidence if an abusing party
5.10 poses an imminent risk of causing another person substantial bodily harm. Upon a finding
5.11 of imminent risk, the court shall order that the local law enforcement agency take immediate
5.12 possession of all firearms in the abusing party's possession. The local law enforcement
5.13 agency shall exercise due care to preserve the quality and function of the abusing party's
5.14 firearms and shall return the firearms to the person upon request after the expiration of the
5.15 prohibiting time period, provided the person is not otherwise prohibited from possessing
5.16 firearms under state or federal law. The local law enforcement agency shall, upon written
5.17 notice from the abusing party, transfer the firearms to a federally licensed firearms dealer
5.18 or a third party who may lawfully receive them. Before a local law enforcement agency
5.19 transfers a firearm under this paragraph, the agency shall require the third party or federally
5.20 licensed firearms dealer receiving the firearm to submit an affidavit or proof of transfer that
5.21 complies with the requirements for affidavits or proofs of transfer established in paragraph
5.22 (e). The agency shall file all affidavits or proofs of transfer received with the court within
5.23 two business days of the transfer. The court shall seal all affidavits or proofs of transfer
5.24 filed pursuant to this paragraph. A federally licensed firearms dealer or third party who
5.25 accepts a firearm transfer pursuant to this paragraph shall comply with paragraphs (d) and
5.26 (e) as if accepting transfer from the abusing party. If the law enforcement agency does not
5.27 receive written notice from the abusing party within three business days, the agency may
5.28 charge a reasonable fee to store the abusing party's firearms. A law enforcement agency
5.29 may establish policies for disposal of abandoned firearms, provided such policies require
5.30 that the abusing party be notified via certified mail prior to disposal of abandoned firearms.
5.31   Sec. 3. Minnesota Statutes 2025 Supplement, section 518B.01, subdivision 4, is amended
5.32 to read:
5.33     Subd. 4. Order for protection. There shall exist an action known as a petition for an
5.34 order for protection in cases of domestic abuse.
Sec. 3.  5
HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
6.1      (a) A petition for relief under this section may be made by any family or household
6.2  member personally or by a family or household member, a guardian as defined in section
6.3  524.1-201, clause (28), or, if the court finds that it is in the best interests of the minor, by
6.4  a reputable adult age 25 or older on behalf of minor family or household members. A minor
6.5  age 16 or older may make a petition on the minor's own behalf against a spouse or former
6.6  spouse, or a person with whom the minor has a child in common, if the court determines
6.7  that the minor has sufficient maturity and judgment and that it is in the best interests of the
6.8  minor.
6.9      (b) A petition for relief shall allege the existence of domestic abuse, and shall be
6.10 accompanied by an affidavit made under oath stating the specific facts and circumstances
6.11 from which relief is sought.
6.12     (c) A petition for relief must state whether the petitioner has ever had an order for
6.13 protection in effect against the respondent.
6.14     (d) A petition for relief must state whether there is an existing order for protection in
6.15 effect under this chapter governing both the parties and whether there is a pending lawsuit,
6.16 complaint, petition or other action between the parties under chapter 257, 518, 518A, 518B,
6.17 or 518C. The court administrator shall verify the terms of any existing order governing the
6.18 parties. The court may not delay granting relief because of the existence of a pending action
6.19 between the parties or the necessity of verifying the terms of an existing order. A subsequent
6.20 order in a separate action under this chapter may modify only the provision of an existing
6.21 order that grants relief authorized under subdivision 6, paragraph (a), clause (1). A petition
6.22 for relief may be granted, regardless of whether there is a pending action between the parties.
6.23     (e) A petition for relief must describe, to the best of the petitioner's knowledge, the types
6.24 and locations of any firearms believed by the petitioner to be possessed by the respondent.
6.25 A court may not dismiss a petition if the petitioner does not provide a description of firearms
6.26 or the locations of firearms owned by the respondent.
6.27     (e) (f) A petition for relief must state whether the petitioner has any minor children and,
6.28 if so, must provide the name of any custodian of the minor children and must identify the
6.29 location or residence of the custodian. If any custodian is a program participant as defined
6.30 in section 5B.02, paragraph (g), the location or residence of the custodian is the address
6.31 designated by the secretary of state as the address of the program participant. A petition
6.32 must not be rejected or denied for failure to identify any custodian.
6.33     (f) (g) The court shall provide simplified forms and clerical assistance to help with the
6.34 writing and filing of a petition under this section.
Sec. 3.  6
HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
7.1      (g) (h) The court shall advise a petitioner under paragraph (f) (g) of the right to file a
7.2  motion and affidavit and to sue in forma pauperis pursuant to section 563.01 and shall assist
7.3  with the writing and filing of the motion and affidavit.
7.4      (h) (i) The court shall advise a petitioner under paragraph (f) (g) of the right to serve the
7.5  respondent by published notice under subdivision 5, paragraph (b), if the respondent is
7.6  avoiding personal service by concealment or otherwise, and shall assist with the writing
7.7  and filing of the affidavit.
7.8      (i) (j) The court shall advise the petitioner of the right to seek restitution under the petition
7.9  for relief.
7.10     (j) (k) The court shall advise the petitioner of the right to request a hearing under
7.11 subdivision 7, paragraph (c). If the petitioner does not request a hearing, the court shall
7.12 advise the petitioner that the respondent may request a hearing and that notice of the hearing
7.13 date and time will be provided to the petitioner and the custodian of any of the petitioner's
7.14 minor children by mail at least five days before the hearing.
7.15     (k) (l) The court shall advise the petitioner of the right to request supervised parenting
7.16 time, as provided in section 518.175, subdivision 1a.
7.17   Sec. 4. Minnesota Statutes 2024, section 518B.01, subdivision 6, is amended to read:
7.18     Subd. 6. Relief by court. (a) Upon notice and hearing, the court may provide relief as
7.19 follows:
7.20     (1) restrain the abusing party from committing acts of domestic abuse;
7.21     (2) exclude the abusing party from the dwelling which the parties share or from the
7.22 residence of the petitioner;
7.23     (3) exclude the abusing party from a reasonable area surrounding the dwelling or
7.24 residence, which area shall be described specifically in the order;
7.25     (4) award temporary custody or establish temporary parenting time with regard to minor
7.26 children of the parties on a basis which gives primary consideration to the safety of the
7.27 victim and the children. In addition to the primary safety considerations, the court may
7.28 consider particular best interest factors that are found to be relevant to the temporary custody
7.29 and parenting time award. Findings under section 257.025, 518.17, or 518.175 are not
7.30 required with respect to the particular best interest factors not considered by the court. If
7.31 the court finds that the safety of the victim or the children will be jeopardized by unsupervised
7.32 or unrestricted parenting time, the court shall condition or restrict parenting time as to time,
Sec. 4.  7
HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
8.1  place, duration, or supervision, or deny parenting time entirely, as needed to guard the safety
8.2  of the victim and the children. The court's decision on custody and parenting time shall in
8.3  no way delay the issuance of an order for protection granting other relief provided for in
8.4  this section. The court must not enter a parenting plan under section 518.1705 as part of an
8.5  action for an order for protection;
8.6      (5) on the same basis as is provided in chapter 518 or 518A, establish temporary support
8.7  for minor children or a spouse, and order the withholding of support from the income of
8.8  the person obligated to pay the support according to chapter 518A;
8.9      (6) provide upon request of the petitioner counseling or other social services for the
8.10 parties, if married, or if there are minor children;
8.11     (7) order the abusing party to participate in treatment or counseling services, including
8.12 requiring the abusing party to successfully complete a domestic abuse counseling program
8.13 or educational program under section 518B.02;
8.14     (8) award temporary use and possession of property and restrain one or both parties from
8.15 transferring, encumbering, concealing, or disposing of property except in the usual course
8.16 of business or for the necessities of life, and to account to the court for all such transfers,
8.17 encumbrances, dispositions, and expenditures made after the order is served or communicated
8.18 to the party restrained in open court;
8.19     (9) exclude the abusing party from the place of employment of the petitioner, or otherwise
8.20 limit access to the petitioner by the abusing party at the petitioner's place of employment;
8.21     (10) order the abusing party to have no contact with the petitioner whether in person,
8.22 by telephone, mail, or electronic mail or messaging, through a third party, or by any other
8.23 means;
8.24     (11) order the abusing party to pay restitution to the petitioner;
8.25     (12) order the continuance of all currently available insurance coverage without change
8.26 in coverage or beneficiary designation;
8.27     (13) order, in its discretion, other relief as it deems necessary for the protection of a
8.28 family or household member, including orders or directives to the sheriff or other law
8.29 enforcement or corrections officer as provided by this section;
8.30     (14) direct the care, possession, or control of a pet or companion animal owned,
8.31 possessed, or kept by the petitioner or respondent or a child of the petitioner or respondent;
8.32 and
Sec. 4.  8
HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
9.1      (15) direct the respondent to refrain from physically abusing or injuring any pet or
9.2  companion animal, without legal justification, known to be owned, possessed, kept, or held
9.3  by either party or a minor child residing in the residence or household of either party as an
9.4  indirect means of intentionally threatening the safety of such person.
9.5      (b) Any relief granted by the order for protection shall be for a period not to exceed two
9.6  years, except when the court determines a longer period is appropriate. When a referee
9.7  presides at the hearing on the petition, the order granting relief becomes effective upon the
9.8  referee's signature.
9.9      (c) An order granting the relief authorized in paragraph (a), clause (1), may not be vacated
9.10 or modified in a proceeding for dissolution of marriage or legal separation, except that the
9.11 court may hear a motion for modification of an order for protection concurrently with a
9.12 proceeding for dissolution of marriage upon notice of motion and motion. The notice required
9.13 by court rule shall not be waived. If the proceedings are consolidated and the motion to
9.14 modify is granted, a separate order for modification of an order for protection shall be issued.
9.15     (d) An order granting the relief authorized in paragraph (a), clause (2) or (3), is not
9.16 voided by the admittance of the abusing party into the dwelling from which the abusing
9.17 party is excluded.
9.18     (e) If a proceeding for dissolution of marriage or legal separation is pending between
9.19 the parties, the court shall provide a copy of the order for protection to the court with
9.20 jurisdiction over the dissolution or separation proceeding for inclusion in its file.
9.21     (f) An order for restitution issued under this subdivision is enforceable as civil judgment.
9.22     (g) An order granting relief shall prohibit the abusing party from possessing firearms
9.23 for the length the order is in effect if the order (1) restrains the abusing party from harassing,
9.24 stalking, or threatening the petitioner or restrains the abusing party from engaging in other
9.25 conduct that would place the petitioner in reasonable fear of bodily injury, and (2) includes
9.26 a finding that the abusing party represents a credible threat to the physical safety of the
9.27 petitioner or prohibits the abusing party from using, attempting to use, or threatening to use
9.28 physical force against the petitioner. The order shall inform the abusing party of that party's
9.29 prohibited status. Except as provided in paragraph (i) (h), the court shall order the abusing
9.30 party to transfer any firearms that the person possesses, within three business days, to a
9.31 federally licensed firearms dealer, a law enforcement agency, or a third party who may
9.32 lawfully receive them. The transfer may be permanent or temporary. A temporary firearm
9.33 transfer only entitles the receiving party to possess the firearm. A temporary transfer does
9.34 not transfer ownership or title. An abusing party may not transfer firearms to a third party
Sec. 4.  9
 HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
10.1  who resides with the abusing party. If an abusing party makes a temporary transfer, a
10.2  federally licensed firearms dealer or law enforcement agency may charge the abusing party
10.3  a reasonable fee to store the person's firearms and may establish policies for disposal of
10.4  abandoned firearms, provided such policies require that the person be notified via certified
10.5  mail prior to disposal of abandoned firearms. For temporary firearms transfers under this
10.6  paragraph, a law enforcement agency, federally licensed firearms dealer, or third party shall
10.7  exercise due care to preserve the quality and function of the transferred firearms and shall
10.8  return the transferred firearms to the person upon request after the expiration of the
10.9  prohibiting time period, provided the person is not otherwise prohibited from possessing
10.10 firearms under state or federal law. The return of temporarily transferred firearms to an
10.11 abusing party shall comply with state and federal law. If an abusing party permanently
10.12 transfers the abusing party's firearms to a law enforcement agency, the agency is not required
10.13 to compensate the abusing party and may charge the abusing party a reasonable processing
10.14 fee. A law enforcement agency is not required to accept an abusing party's firearm under
10.15 this paragraph. as provided for in section 518B.03 and direct the person to surrender all
10.16 permits to carry and purchase firearms to the court. If the court does not take immediate
10.17 possession of an abusing party's permit to carry or permit to purchase, the abusing party
10.18 must surrender the permits to the chief law enforcement officer who issued the permit as
10.19 required under sections 624.714, subdivision 8, and 624.7131, subdivision 7. If the abusing
10.20 party surrenders their permits to the chief law enforcement officer, the person must declare
10.21 that in the proof of transfer or declaration of nonpossession required under section 518B.03,
10.22 subdivision 3.
10.23     (h) An abusing party who is ordered to transfer firearms under paragraph (g) must file
10.24 proof of transfer as provided for in this paragraph. If the transfer is made to a third party,
10.25 the third party must sign an affidavit under oath before a notary public either acknowledging
10.26 that the abusing party permanently transferred the abusing party's firearms to the third party
10.27 or agreeing to temporarily store the abusing party's firearms until such time as the abusing
10.28 party is legally permitted to possess firearms. The affidavit shall indicate the serial number,
10.29 make, and model of all firearms transferred by the abusing party to the third party. The third
10.30 party shall acknowledge in the affidavit that the third party may be held criminally and
10.31 civilly responsible under section 624.7144 if the abusing party gains access to a transferred
10.32 firearm while the firearm is in the custody of the third party. If the transfer is to a law
10.33 enforcement agency or federally licensed firearms dealer, the law enforcement agency or
10.34 federally licensed firearms dealer shall provide proof of transfer to the abusing party. The
10.35 proof of transfer must specify whether the firearms were permanently or temporarily
10.36 transferred and include the name of the abusing party, date of transfer, and the serial number,
 Sec. 4.  10
 HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
11.1  make, and model of all transferred firearms. The abusing party shall provide the court with
11.2  a signed and notarized affidavit or proof of transfer as described in this section within two
11.3  business days of the firearms transfer. The court shall seal affidavits and proofs of transfer
11.4  filed pursuant to this paragraph.
11.5      (i) (h) When a court issues an order containing a firearms restriction provided for in
11.6  paragraph (g), the court shall determine by a preponderance of evidence if an abusing party
11.7  poses an imminent risk of causing another person substantial bodily harm. Upon a finding
11.8  of imminent risk, the court shall order that the local law enforcement agency take immediate
11.9  possession of all firearms in the abusing party's possession. The local law enforcement
11.10 agency shall exercise due care to preserve the quality and function of the abusing party's
11.11 firearms and shall return the firearms to the person upon request after the expiration of the
11.12 prohibiting time period, provided the person is not otherwise prohibited from possessing
11.13 firearms under state or federal law. The local law enforcement agency shall, upon written
11.14 notice from the abusing party, transfer the firearms to a federally licensed firearms dealer
11.15 or a third party who may lawfully receive them. Before a local law enforcement agency
11.16 transfers a firearm under this paragraph, the agency shall require the third party or federally
11.17 licensed firearms dealer receiving the firearm to submit an affidavit or proof of transfer that
11.18 complies with the requirements for affidavits or proofs of transfer established in paragraph
11.19 (h). The agency shall file all affidavits or proofs of transfer received with the court within
11.20 two business days of the transfer. The court shall seal all affidavits or proofs of transfer
11.21 filed pursuant to this paragraph. A federally licensed firearms dealer or third party who
11.22 accepts a firearm transfer pursuant to this paragraph shall comply with paragraphs (g) and
11.23 (h) as if accepting transfer from the abusing party. If the law enforcement agency does not
11.24 receive written notice from the abusing party within three business days, the agency may
11.25 charge a reasonable fee to store the abusing party's firearms. A law enforcement agency
11.26 may establish policies for disposal of abandoned firearms, provided such policies require
11.27 that the abusing party be notified via certified mail prior to disposal of abandoned firearms.
11.28   Sec. 5. Minnesota Statutes 2024, section 518B.01, subdivision 14, is amended to read:
11.29     Subd. 14. Violation of an order for protection. (a) A person who violates an order for
11.30 protection issued by a judge or referee is subject to the penalties provided in paragraphs (b)
11.31 to (d).
11.32     (b) Except as otherwise provided in paragraphs (c) and (d), whenever an order for
11.33 protection is granted by a judge or referee or pursuant to a similar law of another state, the
11.34 United States, the District of Columbia, tribal lands, United States territories, Canada, or a
 Sec. 5.  11
 HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
12.1  Canadian province, and the respondent or person to be restrained knows of the existence
12.2  of the order, violation of the order for protection is a misdemeanor. Upon a misdemeanor
12.3  conviction under this paragraph, the defendant must be sentenced to a minimum of three
12.4  days imprisonment and must be ordered to participate in counseling or other appropriate
12.5  programs selected by the court. If the court stays imposition or execution of the jail sentence
12.6  and the defendant refuses or fails to comply with the court's treatment order, the court must
12.7  impose and execute the stayed jail sentence. A violation of an order for protection shall also
12.8  constitute contempt of court and be subject to the penalties provided in chapter 588.
12.9      (c) A person is guilty of a gross misdemeanor who violates this subdivision within ten
12.10 years of a previous qualified domestic violence-related offense conviction or adjudication
12.11 of delinquency. Upon a gross misdemeanor conviction under this paragraph, the defendant
12.12 must be sentenced to a minimum of ten days imprisonment and must be ordered to participate
12.13 in counseling or other appropriate programs selected by the court. Notwithstanding section
12.14 609.135, the court must impose and execute the minimum sentence provided in this paragraph
12.15 for gross misdemeanor convictions.
12.16     (d) A person is guilty of a felony and may be sentenced to imprisonment for not more
12.17 than five years or to payment of a fine of not more than $10,000, or both, if the person
12.18 violates this subdivision:
12.19     (1) within ten years of the first of two or more previous qualified domestic
12.20 violence-related offense convictions or adjudications of delinquency; or
12.21     (2) while possessing a dangerous weapon, as defined in section 609.02, subdivision 6.
12.22 Upon a felony conviction under this paragraph in which the court stays imposition or
12.23 execution of sentence, the court shall impose at least a 30-day period of incarceration as a
12.24 condition of probation. The court also shall order that the defendant participate in counseling
12.25 or other appropriate programs selected by the court. Notwithstanding section 609.135, the
12.26 court must impose and execute the minimum sentence provided in this paragraph for felony
12.27 convictions.
12.28     (e) A peace officer shall arrest without a warrant and take into custody a person whom
12.29 the peace officer has probable cause to believe has violated an order granted pursuant to
12.30 this section or a similar law of another state, the United States, the District of Columbia,
12.31 tribal lands, United States territories, Canada, or a Canadian province restraining the person
12.32 or excluding the person from the residence or the petitioner's place of employment, even if
12.33 the violation of the order did not take place in the presence of the peace officer, if the
12.34 existence of the order can be verified by the officer. The probable cause required under this
 Sec. 5.  12
 HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
13.1  paragraph includes probable cause that the person knows of the existence of the order. If
13.2  the order has not been served, the officer shall immediately serve the order whenever
13.3  reasonably safe and possible to do so. An order for purposes of this subdivision, includes
13.4  the short-form order described in subdivision 8a. When the order is first served upon the
13.5  person at a location at which, under the terms of the order, the person's presence constitutes
13.6  a violation, the person shall not be arrested for violation of the order without first being
13.7  given a reasonable opportunity to leave the location in the presence of the peace officer. A
13.8  person arrested under this paragraph shall be held in custody for at least 36 hours, excluding
13.9  the day of arrest, Sundays, and holidays, unless the person is released earlier by a judge or
13.10 judicial officer. A peace officer acting in good faith and exercising due care in making an
13.11 arrest pursuant to this paragraph is immune from civil liability that might result from the
13.12 officer's actions.
13.13     (f) If the court finds that the respondent has violated an order for protection and that
13.14 there is reason to believe that the respondent will commit a further violation of the provisions
13.15 of the order restraining the respondent from committing acts of domestic abuse or excluding
13.16 the respondent from the petitioner's residence, the court may require the respondent to
13.17 acknowledge an obligation to comply with the order on the record. The court may require
13.18 a bond sufficient to deter the respondent from committing further violations of the order
13.19 for protection, considering the financial resources of the respondent, and not to exceed
13.20 $10,000. If the respondent refuses to comply with an order to acknowledge the obligation
13.21 or post a bond under this paragraph, the court shall commit the respondent to the county
13.22 jail during the term of the order for protection or until the respondent complies with the
13.23 order under this paragraph. The warrant must state the cause of commitment, with the sum
13.24 and time for which any bond is required. If an order is issued under this paragraph, the court
13.25 may order the costs of the contempt action, or any part of them, to be paid by the respondent.
13.26 An order under this paragraph is appealable.
13.27     (g) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested
13.28 party designated by the court, alleging that the respondent has violated any order for
13.29 protection granted pursuant to this section or a similar law of another state, the United States,
13.30 the District of Columbia, tribal lands, United States territories, Canada, or a Canadian
13.31 province, the court may issue an order to the respondent, requiring the respondent to appear
13.32 and show cause within 14 days why the respondent should not be found in contempt of
13.33 court and punished therefor. The hearing may be held by the court in any county in which
13.34 the petitioner or respondent temporarily or permanently resides at the time of the alleged
13.35 violation, or in the county in which the alleged violation occurred, if the petitioner and
 Sec. 5.  13
 HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
14.1  respondent do not reside in this state. The court also shall refer the violation of the order
14.2  for protection to the appropriate prosecuting authority for possible prosecution under
14.3  paragraph (b), (c), or (d).
14.4      (h) If it is alleged that the respondent has violated an order for protection issued under
14.5  subdivision 6 or a similar law of another state, the United States, the District of Columbia,
14.6  tribal lands, United States territories, Canada, or a Canadian province, and the court finds
14.7  that the order has expired between the time of the alleged violation and the court's hearing
14.8  on the violation, the court may grant a new order for protection under subdivision 6 based
14.9  solely on the respondent's alleged violation of the prior order, to be effective until the hearing
14.10 on the alleged violation of the prior order. If the court finds that the respondent has violated
14.11 the prior order, the relief granted in the new order for protection shall be extended for a
14.12 fixed period, not to exceed one year, except when the court determines a longer fixed period
14.13 is appropriate.
14.14     (i) The admittance into petitioner's dwelling of an abusing party excluded from the
14.15 dwelling under an order for protection is not a violation by the petitioner of the order for
14.16 protection.
14.17     A peace officer is not liable under section 609.43, clause (1), for a failure to perform a
14.18 duty required by paragraph (e).
14.19     (j) When a person is convicted under paragraph (b) or (c) of violating an order for
14.20 protection and the court determines that the person used a firearm in any way during
14.21 commission of the violation, the court may order that the person is prohibited from possessing
14.22 any type of firearm for any period longer than three years or for the remainder of the person's
14.23 life. A person who violates this paragraph is guilty of a gross misdemeanor. At the time of
14.24 the conviction, the court shall inform the defendant whether and for how long the defendant
14.25 is prohibited from possessing a firearm and that it is a gross misdemeanor to violate this
14.26 paragraph. The failure of the court to provide this information to a defendant does not affect
14.27 the applicability of the firearm possession prohibition or the gross misdemeanor penalty to
14.28 that defendant.
14.29     (k) Except as otherwise provided in paragraph (j), when a person is convicted under
14.30 paragraph (b) or (c) of violating an order for protection, the court shall inform the defendant
14.31 that the defendant is prohibited from possessing a pistol firearms for three years from the
14.32 date of conviction and that it is a gross misdemeanor offense to violate this prohibition. The
14.33 failure of the court to provide this information to a defendant does not affect the applicability
 Sec. 5.  14
 HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
15.1  of the pistol firearms possession prohibition or the gross misdemeanor penalty to that
15.2  defendant.
15.3      (l) Except as otherwise provided in paragraph (j), a person is not entitled to possess a
15.4  pistol firearms if the person has been convicted under paragraph (b) or (c) after August 1,
15.5  1996, of violating an order for protection, unless three years have elapsed from the date of
15.6  conviction and, during that time, the person has not been convicted of any other violation
15.7  of this section. Property rights may not be abated but access may be restricted by the courts.
15.8  A person who possesses a pistol firearm in violation of this paragraph is guilty of a gross
15.9  misdemeanor.
15.10     (m) If the court determines that a person convicted under paragraph (b) or (c) of violating
15.11 an order for protection owns or possesses a firearm and used it in any way during the
15.12 commission of the violation, it shall order that the firearm and all other firearms possessed
15.13 by the person be summarily forfeited under section 609.5316, subdivision 3.
15.14   Sec. 6. [518B.03] TRANSFER OF FIREARMS FROM CERTAIN PROHIBITED
15.15 PERSONS.
15.16     Subdivision 1. Definitions. (a) For purposes of this section, the following terms have
15.17 the meanings given.
15.18     (b) "Local law enforcement agency" means the organized full-time police department
15.19 of the municipality in which the subject resides or the county sheriff if there is no such
15.20 police department.
15.21     (c) "Subject" means a person who is subject to a court order prohibiting the person from
15.22 possessing firearms issued pursuant to section 260C.201, 518B.01, 609.2242, 609.749, or
15.23 629.715.
15.24     (d) "Transfer order" is a court order requiring that a person transfer any firearms that
15.25 the person possesses to comply with a firearms prohibition imposed pursuant to section
15.26 260C.201, 518B.01, 609.2242, 609.749, or 629.715.
15.27     Subd. 2. Transfer of firearms; documentation; storage; disposal. (a) Firearm transfers
15.28 ordered pursuant to section 260C.201, 518B.01, 609.2242, 609.749, or 629.715 must comply
15.29 with this section.
15.30     (b) Upon issuance of a transfer order, the court must order the subject to transfer any
15.31 firearms the person possesses or owns as soon as reasonably practicable to a federally
15.32 licensed firearms dealer, the local law enforcement agency, or a third party who may lawfully
15.33 receive them. The court shall impose a deadline for the subject to comply with the transfer
 Sec. 6.  15
 HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
16.1  order that takes into account the subject's custody status and the location of the subject's
16.2  firearms. Transfers may be permanent or temporary except that transfers required pursuant
16.3  to a lifetime firearms ban are permanent. A temporary firearm transfer only entitles the
16.4  receiving party to possess the firearm and does not transfer ownership or title. If the subject
16.5  elects to transfer the subject's firearms to the local law enforcement agency, the agency
16.6  must accept the transfer. The subject may not transfer firearms to a third party who resides
16.7  with the subject.
16.8      (c) A transfer to a third party must be completed at the local law enforcement agency
16.9  and either supervised by a peace officer employed by the agency or conducted in a safe
16.10 zone provided by the agency that is under video surveillance. The subject shall provide at
16.11 least 24 hours' notice to the local law enforcement agency of the date and time of a transfer
16.12 to a third party. The subject must document the date and time of a third-party transfer on
16.13 the required proof of transfer. If the third-party transfer is supervised by a peace officer, the
16.14 supervising peace officer must sign the subject's proof of transfer as an attestation that the
16.15 transfer was completed.
16.16     (d) A federally licensed firearms dealer or law enforcement agency may charge the
16.17 subject a reasonable fee to store temporarily transferred firearms. A person who does not
16.18 pay the storage fee for a temporary firearm transfer within 60 days of the firearm being
16.19 transferred is considered to have abandoned their firearm. Law enforcement agencies must
16.20 establish policies for disposal of permanently transferred and abandoned firearms. These
16.21 policies must require that the subject be notified via certified mail prior to disposal of
16.22 abandoned firearms. A dealer must notify the subject via certified mail prior to disposing
16.23 of an abandoned firearm. A law enforcement agency may destroy all permanently transferred
16.24 and abandoned firearms. For temporary firearm transfers under this subdivision, a law
16.25 enforcement agency or federally licensed firearms dealer must exercise due care to preserve
16.26 the quality and function of the transferred firearms. If a subject permanently transfers the
16.27 person's firearms to a law enforcement agency, the agency is not required to compensate
16.28 the subject and may charge the subject a reasonable processing fee.
16.29     (e) A law enforcement agency or federally licensed firearms dealer that accepted a
16.30 temporary firearm transfer under this section must return the firearms to the subject upon
16.31 request after the expiration of the prohibiting time period, provided the subject is not
16.32 otherwise prohibited from possessing firearms under state or federal law. The return of
16.33 temporarily transferred firearms to a subject must comply with state and federal law. A third
16.34 party may not return to the subject a firearm transferred under this section until the subject
16.35 is eligible to possess firearms, and the return transfer must comply with section 624.7134.
 Sec. 6.  16
 HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
17.1      (f) A law enforcement agency shall be immune from civil or criminal liability for any
17.2  damage or deterioration of firearms, ammunition, or weapons stored or transported pursuant
17.3  to this section. This paragraph shall not apply if the damage or deterioration occurred as a
17.4  result of recklessness, gross negligence, or intentional misconduct by the law enforcement
17.5  agency.
17.6      Subd. 3. Proof of transfer; filing. (a) The subject must file proof of transfer or a
17.7  declaration of nonpossession as provided for in this subdivision.
17.8      (b) A law enforcement agency, federally licensed firearms dealer, or third party accepting
17.9  transfer of a firearm pursuant to this section must provide proof of transfer to the subject.
17.10 The proof of transfer must specify whether the firearms were permanently or temporarily
17.11 transferred and must include the name of the subject, the date of transfer, and the serial
17.12 number, manufacturer, and model of all transferred firearms. If transfer is made to a federally
17.13 licensed firearms dealer, the subject must, within two business days after being served with
17.14 the order, file a copy of the proof of transfer with the court and attest that all firearms owned
17.15 or possessed at the time of the order have been transferred in accordance with this section
17.16 and that the person currently does not possess any firearms.
17.17     (c) If a firearms transfer is made to a third party under this section, the third party must
17.18 sign an affidavit under oath before a notary public either acknowledging that the subject
17.19 permanently transferred the subject's firearms to the person or agreeing to temporarily store
17.20 the subject's firearms until the subject is legally permitted to possess firearms. To the extent
17.21 possible, the affidavit must indicate the serial number, make, and model of all firearms
17.22 transferred by the subject to the person. The subject must file the affidavit with the court.
17.23     (d) If the subject claims not to own or possess firearms, the subject must file a declaration
17.24 of nonpossession with the court attesting that, at the time of the order, the subject neither
17.25 owned nor possessed any firearms and that the subject currently neither owns nor possesses
17.26 any firearms.
17.27     (e) Upon written notice from the subject, a law enforcement agency that temporarily
17.28 possesses the subject's firearms must transfer the firearms to a federally licensed firearms
17.29 dealer or a third party who is eligible to possess firearms and does not reside with the subject.
17.30 Before a law enforcement agency transfers a firearm under this paragraph, the agency must
17.31 require the third party or federally licensed firearms dealer receiving the firearm to submit
17.32 an affidavit and proof of transfer based on the requirements under this subdivision. The
17.33 agency must file all affidavits and proofs of transfer with the court within two business days
17.34 of receiving the documents. A federally licensed firearms dealer who accepts a firearm
 Sec. 6.  17
 HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
18.1  transfer pursuant to this paragraph must comply with subdivision 2, as if accepting transfer
18.2  directly from the subject.
18.3      (f) Except as provided for in paragraph (e), the subject is responsible for filing with the
18.4  court all affidavits, proofs of transfer, and declarations of nonpossession, and the court must
18.5  make the documents confidential.
18.6      (g) Nothing in this section limits the authority of a chief law enforcement officer, county
18.7  attorney, city attorney, or a family or household member from petitioning a court to impose
18.8  an extreme risk protection order prohibiting the subject from possessing firearms under
18.9  sections 624.7171 to 624.7178.
18.10     Subd. 4. Compliance hearing; arrest; sanctions; protections. (a) To ensure that all
18.11 firearms have been transferred, the court issuing a transfer order must hold a compliance
18.12 hearing within ten business days of issuing the order. The court may waive the hearing
18.13 requirement on its own motion or upon request of either the prosecutor or subject if the
18.14 court determines that the subject has complied with the transfer order, including filing of a
18.15 proof of transfer or affidavit of transfer, or otherwise submitted a credible declaration of
18.16 nonpossession.
18.17     (b) If the court finds that there is probable cause to believe that the subject is not in
18.18 compliance with a transfer order or fails to appear at a compliance hearing, the court must
18.19 take appropriate action under the circumstances, including but not limited to issuing a
18.20 warrant for the subject's arrest and notifying the chief law enforcement officer of the local
18.21 law enforcement agency of the subject's failure to comply with the court's order. The court
18.22 may also initiate a contempt proceeding under section 588.01, subdivision 3, to impose
18.23 remedial sanctions on its own motion, or upon the motion of the prosecutor, and issue an
18.24 order requiring the subject to appear, with additional sanctions for failure to appear; provide
18.25 proof of compliance with the order; and show cause why the subject should not be held in
18.26 contempt of court.
18.27     (c) The act of voluntarily surrendering firearms, providing testimony relating to the
18.28 surrender of firearms, or complying with a transfer order, and any information directly or
18.29 indirectly derived from such act or testimony, may not be used against the subject in any
18.30 criminal prosecution, except a prosecution for perjury, giving a false statement, or otherwise
18.31 failing to comply with the transfer order. Every transfer order must contain language
18.32 consistent with the statutory immunity set forth in this subdivision.
18.33     (d) If a subject invokes the privilege against self-incrimination at the time of issuance
18.34 of the order or at a subsequent hearing, the court may afford the subject an opportunity to
 Sec. 6.  18
 HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
19.1  demonstrate that compliance with a transfer order would expose that person to a realistic
19.2  threat of self-incrimination in a subsequent or pending criminal proceeding. The court may
19.3  conduct this portion of the proceeding ex parte or receive evidence in camera, without the
19.4  presence of the prosecuting attorney.
19.5      (e) If the subject establishes such a realistic threat of self-incrimination regarding possible
19.6  criminal prosecution that is not addressed by the immunity from prosecution set forth in
19.7  paragraph (c), the court must afford the relevant prosecuting attorney an opportunity to offer
19.8  an immunity agreement tailored specifically to the firearms implicated by the potential
19.9  self-incrimination. To achieve the purposes of this section, any immunity offered must be
19.10 narrowly tailored to address any realistic threat of self-incrimination while ensuring that
19.11 any other firearms not implicated are surrendered.
19.12     (f) Any immunity from prosecution beyond the immunity set forth in paragraph (c) may
19.13 only be extended by the prosecuting attorney. If the prosecuting attorney declines to extend
19.14 immunity such that the subject cannot fully comply with the transfer order without facing
19.15 a realistic threat of self-incrimination, the court's order must provide for the surrender of
19.16 every firearm and firearm permit that does not implicate a realistic threat of
19.17 self-incrimination. The order's prohibition on firearms possession remains in effect.
19.18     (g) Nothing in this section shall be interpreted as diminishing the requirement that the
19.19 subject fully comply with the order issued by the court. The burden remains on the subject
19.20 to prove compliance.
19.21   Sec. 7. Minnesota Statutes 2024, section 609.2242, subdivision 3, is amended to read:
19.22     Subd. 3. Domestic assaults; firearms. (a) When a person is convicted of a violation of
19.23 this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247, the court shall
19.24 determine and make written findings on the record as to whether:
19.25     (1) the assault was committed against a family or household member, as defined in
19.26 section 518B.01, subdivision 2;
19.27     (2) the defendant owns or possesses a firearm; and
19.28     (3) the firearm was used in any way during the commission of the assault.
19.29     (b) If the court determines that the assault was of a family or household member, and
19.30 that the offender owns or possesses a firearm and used it in any way during the commission
19.31 of the assault, it shall order that the firearm and all other firearms possessed by the person
19.32 be summarily forfeited under section 609.5316, subdivision 3.
 Sec. 7.  19
 HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
20.1      (c) When a person is convicted of assaulting a family or household member and is
20.2  determined by the court to have used a firearm in any way during commission of the assault,
20.3  the court may order that the person is prohibited from possessing any type of firearm for
20.4  any period longer than three years or for the remainder of the person's life. A person who
20.5  violates this paragraph is guilty of a gross misdemeanor. At the time of the conviction, the
20.6  court shall inform the defendant for how long the defendant is prohibited from possessing
20.7  a firearm and that it is a gross misdemeanor to violate this paragraph. The failure of the
20.8  court to provide this information to a defendant does not affect the applicability of the
20.9  firearm possession prohibition or the gross misdemeanor penalty to that defendant.
20.10     (d) Except as otherwise provided in paragraph (c), when a person is convicted of a
20.11 violation of this section or section 609.224 and the court determines that the victim was a
20.12 family or household member, the court shall inform the defendant that the defendant is
20.13 prohibited from possessing a firearm for three years from the date of conviction and that it
20.14 is a gross misdemeanor offense to violate this prohibition. The failure of the court to provide
20.15 this information to a defendant does not affect the applicability of the firearm possession
20.16 prohibition or the gross misdemeanor penalty to that defendant.
20.17     (e) Except as otherwise provided in paragraph (c), a person is not entitled to possess a
20.18 pistol firearms if the person has been convicted after August 1, 1992, or a firearm if a person
20.19 has been convicted on or after August 1, 2014, of domestic assault under this section or
20.20 assault in the fifth degree under section 609.224 and the assault victim was a family or
20.21 household member as defined in section 518B.01, subdivision 2, unless three years have
20.22 elapsed from the date of conviction and, during that time, the person has not been convicted
20.23 of any other violation of this section or section 609.224. Property rights may not be abated
20.24 but access may be restricted by the courts. A person who possesses a firearm in violation
20.25 of this paragraph is guilty of a gross misdemeanor.
20.26     (f) Except as otherwise provided in paragraphs (b) and (h) (g), when a person is convicted
20.27 of a violation of this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247
20.28 and the court determines that the assault was against a family or household member, the
20.29 court shall order the defendant to transfer any firearms that the person possesses, within
20.30 three business days, to a federally licensed firearms dealer, a law enforcement agency, or
20.31 a third party who may lawfully receive them. The transfer may be permanent or temporary,
20.32 unless the court prohibits the person from possessing a firearm for the remainder of the
20.33 person's life under paragraph (c). A temporary firearm transfer only entitles the receiving
20.34 party to possess the firearm. A temporary transfer does not transfer ownership or title. A
20.35 defendant may not transfer firearms to a third party who resides with the defendant. If a
 Sec. 7.  20
 HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
21.1  defendant makes a temporary transfer, a federally licensed firearms dealer or law enforcement
21.2  agency may charge the defendant a reasonable fee to store the person's firearms and may
21.3  establish policies for disposal of abandoned firearms, provided such policies require that
21.4  the person be notified by certified mail prior to disposal of abandoned firearms. For temporary
21.5  firearms transfers under this paragraph, a law enforcement agency, federally licensed firearms
21.6  dealer, or third party shall exercise due care to preserve the quality and function of the
21.7  transferred firearms and shall return the transferred firearms to the person upon request after
21.8  the expiration of the prohibiting time period imposed under this subdivision, provided the
21.9  person is not otherwise prohibited from possessing firearms under state or federal law. The
21.10 return of temporarily transferred firearms to a person shall comply with state and federal
21.11 law. If a defendant permanently transfers the defendant's firearms to a law enforcement
21.12 agency, the agency is not required to compensate the defendant and may charge the defendant
21.13 a reasonable processing fee. A law enforcement agency is not required to accept a person's
21.14 firearm under this paragraph. The court shall order that the person surrender all permits to
21.15 carry and purchase firearms to the sheriff. as provided for in section 518B.03 and direct the
21.16 person to surrender all permits to carry and purchase firearms to the court. If the court does
21.17 not take immediate possession of a defendant's permit to carry or permit to purchase, the
21.18 defendant must surrender the permit to the chief law enforcement officer who issued the
21.19 permit as required under sections 624.714, subdivision 8, and 624.7131, subdivision 7. If
21.20 the defendant surrenders their permits to the chief law enforcement officer, the person must
21.21 declare that in the proof of transfer or declaration of nonpossession required under section
21.22 518B.03, subdivision 3.
21.23     (g) A defendant who is ordered to transfer firearms under paragraph (f) must file proof
21.24 of transfer as provided for in this paragraph. If the transfer is made to a third party, the third
21.25 party must sign an affidavit under oath before a notary public either acknowledging that
21.26 the defendant permanently transferred the defendant's firearms to the third party or agreeing
21.27 to temporarily store the defendant's firearms until such time as the defendant is legally
21.28 permitted to possess firearms. The affidavit shall indicate the serial number, make, and
21.29 model of all firearms transferred by the defendant to the third party. The third party shall
21.30 acknowledge in the affidavit that the third party may be held criminally and civilly
21.31 responsible under section 624.7144 if the defendant gains access to a transferred firearm
21.32 while the firearm is in the custody of the third party. If the transfer is to a law enforcement
21.33 agency or federally licensed firearms dealer, the law enforcement agency or federally
21.34 licensed firearms dealer shall provide proof of transfer to the defendant. The proof of transfer
21.35 must specify whether the firearms were permanently or temporarily transferred and include
21.36 the name of the defendant, date of transfer, and the serial number, make, and model of all
 Sec. 7.  21
 HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
22.1  transferred firearms. The defendant shall provide the court with a signed and notarized
22.2  affidavit or proof of transfer as described in this section within two business days of the
22.3  firearms transfer. The court shall seal affidavits and proofs of transfer filed pursuant to this
22.4  paragraph.
22.5      (h) (g) When a person is convicted of a violation of this section or section 609.221,
22.6  609.222, 609.223, 609.224, or 609.2247, and the court determines that the assault was
22.7  against a family or household member, the court shall determine by a preponderance of the
22.8  evidence if the person poses an imminent risk of causing another person substantial bodily
22.9  harm. Upon a finding of imminent risk, the court shall order that the local law enforcement
22.10 agency take immediate possession of all firearms in the person's possession. The local law
22.11 enforcement agency shall exercise due care to preserve the quality and function of the
22.12 defendant's firearms and shall return the firearms to the person upon request after the
22.13 expiration of the prohibiting time period, provided the person is not otherwise prohibited
22.14 from possessing firearms under state or federal law. The local law enforcement agency
22.15 shall, upon written notice from the person, transfer the firearms to a federally licensed
22.16 firearms dealer or a third party who may lawfully receive them. Before a local law
22.17 enforcement agency transfers a firearm under this paragraph, the agency shall require the
22.18 third party or federally licensed firearms dealer receiving the firearm to submit an affidavit
22.19 or proof of transfer that complies with the requirements for affidavits or proofs of transfer
22.20 established in paragraph (g). The agency shall file all affidavits or proofs of transfer received
22.21 with the court within two business days of the transfer. The court shall seal all affidavits or
22.22 proofs of transfer filed pursuant to this paragraph. A federally licensed firearms dealer or
22.23 third party who accepts a firearm transfer pursuant to this paragraph shall comply with
22.24 paragraphs (f) and (g) as if accepting transfer from the defendant. If the law enforcement
22.25 agency does not receive written notice from the defendant within three business days, the
22.26 agency may charge a reasonable fee to store the defendant's firearms. A law enforcement
22.27 agency may establish policies for disposal of abandoned firearms, provided such policies
22.28 require that the person be notified via certified mail prior to disposal of abandoned firearms.
22.29   Sec. 8. Minnesota Statutes 2024, section 609.749, subdivision 8, is amended to read:
22.30     Subd. 8. Harassment; stalking; firearms. (a) When a person is convicted of harassment
22.31 or stalking under this section and the court determines that the person used a firearm in any
22.32 way during commission of the crime, the court may order that the person is prohibited from
22.33 possessing any type of firearm for any period longer than three years or for the remainder
22.34 of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor.
22.35 At the time of the conviction, the court shall inform the defendant for how long the defendant
 Sec. 8.  22
 HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
23.1  is prohibited from possessing a firearm and that it is a gross misdemeanor to violate this
23.2  paragraph. The failure of the court to provide this information to a defendant does not affect
23.3  the applicability of the firearm possession prohibition or the gross misdemeanor penalty to
23.4  that defendant.
23.5      (b) Except as otherwise provided in paragraph (a), when a person is convicted of
23.6  harassment or stalking under this section, the court shall inform the defendant that the
23.7  defendant is prohibited from possessing a firearm for three years from the date of conviction
23.8  and that it is a gross misdemeanor offense to violate this prohibition. The failure of the court
23.9  to provide this information to a defendant does not affect the applicability of the firearm
23.10 possession prohibition or the gross misdemeanor penalty to that defendant.
23.11     (c) Except as otherwise provided in paragraph (a), a person is not entitled to possess a
23.12 pistol firearms if the person has been convicted after August 1, 1996, of harassment or
23.13 stalking under this section, or to possess a firearm if the person has been convicted on or
23.14 after August 1, 2014, of harassment or stalking under this section, unless three years have
23.15 elapsed from the date of conviction and, during that time, the person has not been convicted
23.16 of any other violation of this section. Property rights may not be abated but access may be
23.17 restricted by the courts. A person who possesses a firearm in violation of this paragraph is
23.18 guilty of a gross misdemeanor.
23.19     (d) If the court determines that a person convicted of harassment or stalking under this
23.20 section owns or possesses a firearm and used it in any way during the commission of the
23.21 crime, it shall order that the firearm and all other firearms possessed by the person be
23.22 summarily forfeited under section 609.5316, subdivision 3.
23.23     (e) Except as otherwise provided in paragraphs (d) and (g) (f), when a person is convicted
23.24 of harassment or stalking under this section, the court shall order the defendant to transfer
23.25 any firearms that the person possesses, within three business days, to a federally licensed
23.26 firearms dealer, a law enforcement agency, or a third party who may lawfully receive them.
23.27 The transfer may be permanent or temporary. A temporary firearm transfer only entitles
23.28 the receiving party to possess the firearm. A temporary transfer does not transfer ownership
23.29 or title. A defendant may not transfer firearms to a third party who resides with the defendant.
23.30 If a defendant makes a temporary transfer, a federally licensed firearms dealer or law
23.31 enforcement agency may charge the defendant a reasonable fee to store the person's firearms
23.32 and may establish policies for disposal of abandoned firearms, provided such policies require
23.33 that the person be notified via certified mail prior to disposal of abandoned firearms. For
23.34 temporary firearms transfers under this paragraph, a law enforcement agency, federally
23.35 licensed firearms dealer, or third party shall exercise due care to preserve the quality and
 Sec. 8.  23
 HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
24.1  function of the transferred firearms and shall return the transferred firearms to the person
24.2  upon request after the expiration of the prohibiting time period imposed under this
24.3  subdivision, provided the person is not otherwise prohibited from possessing firearms under
24.4  state or federal law. The return of temporarily transferred firearms to a defendant shall
24.5  comply with state and federal law. If a defendant permanently transfers the defendant's
24.6  firearms to a law enforcement agency, the agency is not required to compensate the defendant
24.7  and may charge the defendant a reasonable processing fee. A law enforcement agency is
24.8  not required to accept a person's firearm under this paragraph. The court shall order that the
24.9  person surrender all permits to carry and purchase firearms to the sheriff. as provided for
24.10 in section 518.03 and direct the person to surrender all permits to carry and purchase firearms
24.11 to the court. If the court does not take immediate possession of a defendant's permit to carry
24.12 or permit to purchase, the defendant must surrender the permit to the chief law enforcement
24.13 officer who issued the permit as required under sections 624.714, subdivision 8, and
24.14 624.7131, subdivision 7. If the defendant surrenders their permits to the chief law
24.15 enforcement officer, the person must declare that in the proof of transfer or declaration of
24.16 nonpossession required under section 518B.03, subdivision 3.
24.17     (f) A defendant who is ordered to transfer firearms under paragraph (e) must file proof
24.18 of transfer as provided for in this paragraph. If the transfer is made to a third party, the third
24.19 party must sign an affidavit under oath before a notary public either acknowledging that
24.20 the defendant permanently transferred the defendant's firearms to the third party or agreeing
24.21 to temporarily store the defendant's firearms until such time as the defendant is legally
24.22 permitted to possess firearms. The affidavit shall indicate the serial number, make, and
24.23 model of all firearms transferred by the defendant to the third party. The third party shall
24.24 acknowledge in the affidavit that the third party may be held criminally and civilly
24.25 responsible under section 624.7144 if the defendant gains access to a transferred firearm
24.26 while the firearm is in the custody of the third party. If the transfer is to a law enforcement
24.27 agency or federally licensed firearms dealer, the law enforcement agency or federally
24.28 licensed firearms dealer shall provide proof of transfer to the defendant. The proof of transfer
24.29 must specify whether the firearms were permanently or temporarily transferred and include
24.30 the name of the defendant, date of transfer, and the serial number, make, and model of all
24.31 transferred firearms. The defendant shall provide the court with a signed and notarized
24.32 affidavit or proof of transfer as described in this section within two business days of the
24.33 firearms transfer. The court shall seal affidavits and proofs of transfer filed pursuant to this
24.34 paragraph.
 Sec. 8.  24
 HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
25.1      (g) (f) When a person is convicted of harassment or stalking under this section, the court
25.2  shall determine by a preponderance of the evidence if the person poses an imminent risk of
25.3  causing another person substantial bodily harm. Upon a finding of imminent risk, the court
25.4  shall order that the local law enforcement agency take immediate possession of all firearms
25.5  in the person's possession. The local law enforcement agency shall exercise due care to
25.6  preserve the quality and function of the defendant's firearms and shall return the firearms
25.7  to the person upon request after the expiration of the prohibiting time period, provided the
25.8  person is not otherwise prohibited from possessing firearms under state or federal law. The
25.9  local law enforcement agency shall, upon written notice from the person, transfer the firearms
25.10 to a federally licensed firearms dealer or a third party who may lawfully receive them.
25.11 Before a local law enforcement agency transfers a firearm under this paragraph, the agency
25.12 shall require the third party or federally licensed firearms dealer receiving the firearm to
25.13 submit an affidavit or proof of transfer that complies with the requirements for affidavits
25.14 or proofs of transfer established in paragraph (f). The agency shall file all affidavits or proofs
25.15 of transfer received with the court within two business days of the transfer. The court shall
25.16 seal all affidavits or proofs of transfer filed pursuant to this paragraph. A federally licensed
25.17 firearms dealer or third party who accepts a firearm transfer pursuant to this paragraph shall
25.18 comply with paragraphs (e) and (f) as if accepting transfer from the defendant. If the law
25.19 enforcement agency does not receive written notice from the defendant within three business
25.20 days, the agency may charge a reasonable fee to store the defendant's firearms. A law
25.21 enforcement agency may establish policies for disposal of abandoned firearms, provided
25.22 such policies require that the person be notified via certified mail prior to disposal of
25.23 abandoned firearms.
25.24   Sec. 9. Minnesota Statutes 2024, section 629.715, subdivision 2, is amended to read:
25.25     Subd. 2. Surrender of firearms. (a) The judge may order as a condition of release that
25.26 the person surrender to the local law enforcement agency all firearms, destructive devices,
25.27 or dangerous weapons owned or possessed by the person, and may not live in a residence
25.28 where others possess firearms. If ordered to surrender firearms, the person must also surrender
25.29 all permits to carry and purchase firearms to the court. If the court does not take immediate
25.30 possession of a person's permit to carry or permit to purchase, the person must surrender
25.31 the permit to the chief law enforcement officer who issued the permit as required under
25.32 sections 624.714, subdivision 8, and 624.7131, subdivision 7. If the person surrenders their
25.33 permits to the chief law enforcement officer, the person must declare that in the proof of
25.34 transfer or declaration of nonpossession required under section 518B.03, subdivision 3.
 Sec. 9.  25
 HF4075 SECOND ENGROSSMENT  REVISOR  VH  H4075-2
26.1      (b) Except as otherwise provided for in this section, the surrender of firearms under this
26.2  section must comply with section 518B.03.
26.3      (c) Any firearm, destructive device, or dangerous weapon surrendered under this
26.4  subdivision shall be inventoried and retained, with due care to preserve its quality and
26.5  function, by the local law enforcement agency, and must be returned to the person upon the
26.6  person's acquittal, when charges are dismissed, or if no charges are filed. If the person is
26.7  convicted, the firearm must be returned when the court orders the return or when the person
26.8  is discharged from probation and restored to civil rights.
26.9      (d) If the person is convicted of a designated offense as defined in section 609.531, the
26.10 firearm is subject to forfeiture as provided under that section.
26.11     (e) This condition may be imposed in addition to any other condition authorized by rule
26.12 6.02 of the Rules of Criminal Procedure.
 Sec. 9.  26