HF4539

Purpose

• Establish standards for safe storage of firearms and create criminal penalties for failing to meet those standards.
• Approve funding to support the new storage requirements and enforcement.
• Update Minnesota law (Minnesota Statutes 2024 section 609.666) to address negligent safe and secure storage of firearms.

Key Provisions (Main Provisions)

• Creation of a new framework under Minnesota Statutes 609.666 called “negligent safe and secure storage of firearms.”
• The bill defines essential terms to support safe storage standards, including what counts as a firearm, an authorized user, a child, a firearm storage unit, a gun room, a loaded firearm, and a locking device.
• It sets storage requirements to prevent access by children or other unauthorized users, emphasizing that firearms must be stored unloaded with a locking device or stored in a locked firearm storage unit or locked gun room when not directly under the owner’s control.

Definitions (Selected Highlights)

• Firearm: A device designed to expel a projectile by explosion or combustion. Inoperable firearms are excluded.
• Authorized user: A person eligible to possess a firearm under state and federal law and who has permission from the owner to use it.
• Child: A person under 18 years old.
• Firearm storage unit: A secure, tamper-resistant container accessible only to the owner or authorized users.
• Gun room: A dedicated area in a building for firearms/related items, secured by tamper-resistant locks and kept locked when unoccupied.
• Loaded: A firearm with ammunition in the chamber or magazine (unless the firearm cannot be fired by a child likely to access it).
• Locking device: A feature or external device that makes the firearm inaccessible or inoperable to children and unauthorized users (examples include biometric locks, trigger locks, barrel locks, cylinder locks).

Access to Firearms and Associated Penalties (Subdivisions 2 and 2a)

• Subdivision 2 (Access and Negligent Storage): A person commits a gross misdemeanor if they negligently store or leave a loaded firearm where a child is likely to gain access, unless reasonable steps are taken to secure it. Firearms must be either unloaded with a locking device or stored in a locked storage unit or locked gun room to avoid violation. A firearm is not considered stored if it is under the direct physical control or reach of the person.
• Subdivision 2a (Penalties):
  • Petty misdemeanor for violating Subdivision 2.
  • Gross misdemeanor if a child is present where the firearm is stored.
  • Felony (up to 3 years in prison or a $5,000 fine, or both) if a loaded unsecured firearm is accessed by a child or a person prohibited from possessing firearms.
  • Higher-level felony (up to 5 years in prison or a $10,000 fine, or both) if an unsecured firearm is used in a felony crime of violence or to cause substantial/great bodily harm or death to someone other than the owner or an authorized user.

Limitations and Exceptions (Subdivision 3)

• Subdivisions 2 and 2a do not apply to a child’s access that results from unlawful entry.
• Specific exceptions cover scenarios such as:
  • Firearms being transported in a vehicle under certain Minnesota statutes.
  • Firearms being used in shooting sports events or designated facilities.
  • Firearms being used for hunting under hunting laws.
  • Firearms used in lawful educational or instructional safety courses.
  • Firearms owned or possessed by a peace officer while performing official duties.
  • Firearms stored in a police or sheriff station.

Financial/Administrative Aspects

• The bill includes provisions for appropriating money to support the new storage standards and enforcement activities.

Significant Changes to Existing Law

• Adds “negligent safe and secure storage of firearms” as a defined statute with specified storage requirements, access controls, and penalties.
• Introduces tiered penalties (petty misdemeanor, gross misdemeanor, and felonies with escalating prison terms and fines) tied to the risk posed by a child’s access to an unsecured or loaded firearm.
• Expands the legal framework around safe storage by detailing storage unit and gun room definitions, and by incorporating explicit exceptions for specific lawful uses and contexts (transport, sport, education, law enforcement, and police facilities).

Relevant Terms - negligent safe and secure storage - firearm storage unit - gun room - locking device - authorized user - child - loaded firearm - unloaded firearm - tamper-resistant lock - biometrics/biometric lock - trigger lock - barrel lock - cylinder lock - gross misdemeanor - petty misdemeanor - felony - section 624.713 (possession prohibitions) - Minnesota Statutes 2024 section 609.666 - unlawful entry exception - exception for transport under 97B.045 - shooting sport event - hunting - peace officer - police/sheriff station - appropriation of money