HF3497

Purpose

This bill aims to improve public safety by requiring that loaded firearms be stored in a way that prevents access by people who should not have them—specifically children and others who are legally prohibited from possessing firearms.

Key definitions being amended

• Firearm: a device designed to be used as a weapon that shoots a projectile.
• Child: a person under 18 years old.
• Loaded: a firearm with ammunition in the chamber or in the magazine (if the magazine is in the firearm), with an exception if the firearm cannot be fired by a child who is likely to gain access.

Main provisions

• Definition change to “loaded”: A firearm is considered loaded if there is ammunition in the chamber or in the magazine, unless the firearm is incapable of being fired by a child who is likely to gain access.
• Access and storage duty: A person is guilty of a gross misdemeanor if they negligently store or leave a loaded firearm in a location where they know or reasonably should know that a child or a person prohibited from possessing firearms (as defined by section 624.713 subdivision 1) is likely to gain access, unless reasonable action is taken to secure the firearm against access by that child or prohibited person.
• Cross-reference: The bill uses the term “person prohibited from possessing firearms under section 624.713 subdivision 1” to identify who must be kept from accessing the firearm.

Significant changes to existing law

• Adds a defined standard for what counts as a “loaded” firearm, including an exception when a child cannot fire the weapon.
• Establishes a legal duty to secure firearms to prevent access by children and by people legally prohibited from possessing firearms.
• Elevates negligent storage of a loaded firearm in locations accessible to at-risk individuals to a gross misdemeanor offense.

Practical implications

• People who own or store firearms must take reasonable steps to secure them (for example, using safes or lock boxes) if there is any risk that a child or a legally prohibited person could access them.
• The law creates criminal consequences for failing to take those reasonable steps.

Notes

• The changes affect Minnesota Statutes 2024 section 609.666 (definitions and access to firearms) by redefining “loaded” and by adding a negligence-based criminal liability for unsafe storage.

Relevant Terms - loaded - firearm - ammunition - chamber - magazine - child - under 18 - person prohibited from possessing firearms - section 624.713 subdivision 1 - negligently stores or leaves - gross misdemeanor - reasonable action to secure - access by child or prohibited person - Minnesota Statutes 2024 section 609.666