HF3350

Purpose

This bill aims to strengthen protections against domestic violence by expanding when people lose their right to possess firearms. It creates stronger firearm-related consequences for certain domestic violence offenses, strengthens how orders for protection are enforced across jurisdictions, and introduces tighter rules about who can legally have firearms.

Key Provisions

• Lifetime firearm ban for some domestic violence offenders

  • The bill would allow a firearm ban lasting longer than three years or possibly for the remainder of a person’s life when a person is convicted of certain domestic violence-related offenses, especially if the offense involved a firearm or qualifies as a misdemeanor crime of domestic violence (MCDV).
  • Courts must inform defendants about any lifetime firearm restriction and that violating the restriction is a gross misdemeanor.
  • A lifetime prohibition can expire only if the person gets an expungement or pardon that does not expressly restore firearm rights.

• Stronger penalties and requirements for orders for protection (OFP)

  • Violating an OFP can trigger mandatory minimum jail terms: at least 3 days for a misdemeanor, at least 10 days for a gross misdemeanor, and longer penalties for felony scenarios.
  • Courts can require counseling or other programs; failure to comply can keep the jail sentence in place if the court stays the sentence.
  • Violations can be treated as contempt of court.

• Firearm forfeiture and transfer when family/household member violence is involved

  • If someone is convicted of assaulting a family or household member and used a firearm or the offense otherwise qualifies as a misdemeanor crime of domestic violence, the court may order the firearm to be forfeited and may prohibit the person from possessing firearms for a period longer than three years or for life.
  • The court can require transfer of firearms to a federally licensed firearms dealer (FFL), a law enforcement agency, or a third party (temporary or permanent). Temporary transfers allow the recipient to possess the firearm for the prohibition period.
  • For transfers, affidavits or proof of transfer must be filed, and the court may seal these records. The defendant may need to surrender permits.

• Expanded “ineligible persons” rules for firearms and ammunition

  • A broad list of people would be disqualified from possessing ammunition or firearms, including most people under 18 (with limited exceptions), those with violent crimes, and those found mentally ill or dangerous to the public.
  • The list covers individuals with certain criminal histories, substance abuse treatment history, pretrial diversion, and other disqualifying conditions (with many specifics).
  • The bill also forbids possession of pistols or firearms for certain periods after those convictions and requires three-year waiting periods in many cases.

• Cannabis and firearms

  • The bill allows adults who participate in the medical or adult-use cannabis programs or who use cannabis products to still possess firearms, so long as they are not unlawful users of controlled substances.
  • If a person is considered an unlawful user, they remain disqualified.

• Imminent risk and emergency handling

  • If a court finds an imminent risk of harm, local law enforcement must take immediate possession of all firearms in the person’s possession and follow procedures to store or transfer them to a dealer or third party.

• Interaction with other orders

  • The bill references extreme risk protection orders and specifies how these orders interact with firearm eligibility and possession rules.

• General procedural notes

  • The bill applies to orders for protection issued in Minnesota or in other states and can involve federal, territorial, tribal, or Canadian orders where applicable.
  • Good-faith certificates or orders issued under these provisions protect certain people from liability for actions taken in relation to the order.

Effects on Individuals and Enforcement

• Individuals convicted of certain domestic violence offenses or OFP violations could face long-lasting firearm prohibitions and mandatory firearm forfeiture or transfer.
• Courts would have clear duties to inform defendants about firearm prohibitions and to impose minimum jail terms and counseling requirements in OFP violation cases.
• Law enforcement could be authorized to take immediate possession of firearms where there is an imminent risk, with procedures to store or transfer those firearms safely.
• Clear processes would govern how firearms are surrendered, transferred, stored, and returned after the prohibition period ends (or is extended).

Changes to Existing Law

• Amends sections related to orders for protection (518B.01), domestic assaults and firearms (609.2242), and who is eligible to possess ammunition and firearms (624.713).
• Establishes new rules for (1) lifetime firearm prohibitions in domestic violence cases, (2) mandatory transfer or forfeiture of firearms, and (3) more expansive lists of ineligible persons.

Protections and Limitations for Respondents

• Respondents have designated rights to appear and defend themselves in contempt or protection-order proceedings, with court orders contingent on evidence and hearings.
• The bill provides that fines and penalties do not automatically restore firearm rights without explicit expungement or pardon conditions.
• It sets forth documentation requirements (affidavits, proofs of transfer) and timelines to ensure clear tracking of firearm transfers.

Miscellaneous Provisions

• Uses cross-state and federal language to enforce OFPs and DV-related restrictions across jurisdictions.
• Allows certain carveouts and clarifications about the effect of expungement or pardons on firearm prohibitions.
• Includes a broad set of scenarios where an individual would be disqualified from firearms, including specific crimes of violence and certain domestic violence-related offenses.

Summary of Purpose in Plain Terms

The bill aims to reduce gun violence in domestic settings by (a) imposing lifetime or long-term firearm bans on people who commit certain domestic violence offenses, especially when a firearm is involved, (b) requiring the forfeiture or transfer of firearms in related cases, (c) expanding who is legally allowed to possess firearms and ammunition, and (d) strengthening OFP and DV-related penalties to deter violations and protect victims.

Relevant Terms - lifetime firearms ban - order for protection (OFP) - domestic violence (DV) - misdemeanor crime of domestic violence (MCDV) - firearm forfeiture - firearm transfer - federally licensed firearms dealer (FFL) - imminent risk - extreme risk protection order (EROs) - ineligible person (firearms/ammunition) - possession prohibition - pistol/firearm restrictions - trespass/possession surrender of permits - proof of transfer / affidavits - family or household member (definition) - cross-jurisdiction enforcement (state/ federal/ tribal/ Canada)