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HF3498 (Legislative Session 94 (2025-2026))

Penalty for transferring a firearm to an unauthorized person increased, mandatory minimum sentence for certain transfers of a firearm to an ineligible person established, and affirmative defense removed.

AI Generated Summary

Purpose

  • Strengthen public safety by tightening penalties for transferring a firearm to someone who is not legally allowed to possess it, set a possible minimum sentence for certain transfers to ineligible people, remove an affirmative defense, and update related Minnesota firearm-transfer laws.

Main Provisions

  • Prohibited transfer and felony charge: It would be a felony to intentionally transfer a firearm to someone who:
    • does not have eligibility to possess a firearm under Minnesota law (not eligible under the permit-to-carry rules in 624.713),
    • has been found ineligible to possess a pistol or semiautomatic military-style assault weapon by a chief of police or sheriff (based on an application for a transferee permit or a transfer report),
    • is disqualified from possessing any firearm under 624.713.
  • Penalty: The offense carries imprisonment of up to three years and a fine of up to $10,000.
  • Age-based exception: The transfer prohibition does not apply to transferring a firearm other than a pistol or semiautomatic military-style weapon to a person under 18 who is not disqualified from possessing any other firearm.
  • Mandatory minimum sentence: The bill proposes a mandatory minimum sentence for certain transfers to ineligible persons (the bill’s text indicates this, though the exact minimum is not shown in the excerpt).
  • Removal of an affirmative defense: The bill would remove an affirmative defense related to this offense (specific defense not detailed in the provided text).
  • Statute updates and repeal: The bill would amend Minnesota Statutes 2024 section 624.7141 subdivisions 1 and 2 and would repeal subdivision 4.

Significant Changes to Existing Law

  • Tougher penalties for improper firearm transfers: Higher potential prison time and a substantial fine for transfers to ineligible recipients.
  • Eligibility and disqualification focus: Broadens and codifies when a transferee is considered ineligible or disqualified, including checks tied to transferee permits and transfer reports.
  • Mandatory minimums: Introduces a mandatory minimum sentence for certain transfers to ineligible individuals.
  • Removal of defenses: Eliminates an affirmative defense that previously could be used in handling these transfers.
  • Age-based carve-out: Maintains an exception for transfers of non-pistol firearms to certain under-18 individuals, provided they are not disqualified from possessing any firearm.

Key Definitions and Concepts Mentioned

  • Transfer prohibited
  • Firearm
  • Transferee
  • Eligible to possess
  • Ineligible to possess
  • Pistol
  • Semiautomatic military-style assault weapon
  • Chief of police or sheriff
  • Transferee permit
  • Transfer report
  • Disqualified from possessing
  • Affirmative defense
  • Mandatory minimum sentence
  • Minnesota Statutes 624.7141 (subdivisions 1, 2, and 4)

Relevant Terms - transfer prohibited - firearm - transferee - ineligible - eligible to possess - pistol - semiautomatic military-style assault weapon - transferee permit - transfer report - chief of police - sheriff - disqualified from possessing - mandatory minimum sentence - affirmative defense - Minnesota Statutes 624.7141 - subdivision 1 - subdivision 2 - subdivision 4 - age 18 exception - fine - imprisonment

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 19, 2026HouseActionIntroduction and first reading, referred toPublic Safety Finance and Policy
March 18, 2026HouseActionAuthor added

Citations

 
[
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This bill amends Minnesota Statutes 2024 section 624.7141, subdivision 1 (Transfer prohibited) to impose a felony for transferring a firearm to a transferee who is not eligible to possess a firearm, including denials for carry permits and ineligibility under section 624.713, and to adjust penalties.",
      "modified": [
        "Increases maximum imprisonment from up to two years to up to three years; increases maximum fine to $10,000; expands transfer prohibitions to include transferees denied carry permits and those found ineligible under section 624.713."
      ]
    },
    "citation": "624.7141",
    "subdivision": "subd. 1"
  },
  {
    "analysis": {
      "added": [],
      "removed": [
        "Repeals subdivision 4."
      ],
      "summary": "This bill repeals Minnesota Statutes 2024 section 624.7141, subdivision 4.",
      "modified": []
    },
    "citation": "624.7141",
    "subdivision": "subd. 4"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill references Minnesota Statutes 2024 section 624.714 (permit to carry) in describing the transfer prohibitions and firearm carrying framework.",
      "modified": []
    },
    "citation": "624.714",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill references Minnesota Statutes 2024 section 624.713 (possession eligibility and prohibitions) as part of the transfer prohibition criteria.",
      "modified": []
    },
    "citation": "624.713",
    "subdivision": ""
  }
]

Progress through the legislative process

17%
In Committee

Sponsors

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