HF5006

Purpose

• Expand testing and accountability when a person is suspected of carrying a firearm while under the influence.
• Increase penalties for carrying a firearm with an elevated blood alcohol concentration (BAC) or under related disqualifying conditions.
• Lengthen the period during which a person is prohibited from carrying a firearm after certain convictions.

Main Provisions

• Preliminary screening testing by officers
  • When an officer has reason to believe a person may be violating or has violated firearm-related intoxication rules, the officer must require a breath sample using an approved device.
  • The screening results help decide whether to arrest and whether to require the more detailed chemical tests; they can’t be used in criminal court for proving the test itself, but may be used in civil actions related to pistol use or to show the test was properly required.
  • If the screening suggests a violation, the officer must require the chemical tests specified in the law.
  • After a screening, additional tests may be required as allowed by existing chemical-testing provisions.
  • If a person refuses the breath test, they must follow the chemical-testing rules unless they choose to submit other approved tests to check for alcohol or controlled substances.
• Penalties and consequences (escalating by prior offenses)
  • Violations of the listed prohibitions are punished at varying levels: misdemeanor for a first offense, gross misdemeanor for a second or subsequent offense if there are prior violations, and felony for multiple prior violations (with possible prison terms and fines).
  • A separate penalty applies to violations of a specific clause related to carrying a pistol while under the influence, which is a gross misdemeanor or a higher offense if there are prior convictions.
  • Beyond the criminal penalties, the offender’s authority to carry a pistol in public can be revoked or suspended for set time periods depending on prior violations (ranging from 1 year to lifetime), with additional reapplication restrictions.
  • In some cases, even with these penalties, weapon forfeiture rules are not automatically triggered unless a second or subsequent offense occurs.

Significant Changes to Existing Law

• Introduces mandatory preliminary breath testing by peace officers when there’s reason to believe a firearm-related intoxication violation occurred.
• Ties test results to decisions about arrest and the need for chemical tests, while limiting how screening results can be used in court.
• Creates a more structured, tiered system of penalties (misdemeanor → gross misdemeanor → felony) based on prior convictions.
• Adds longer and tiered firearm-carry prohibitions (revocation or suspension) tied to specific violations and prior offenses.
• Clarifies that some weapon-seizure forfeiture provisions do not automatically apply unless it’s a second or subsequent offense.

Practical Impact

• People suspected of carrying a firearm while intoxicated may face immediate breath testing and, if indicated, mandatory chemical testing.
• Repeat offenders face harsher penalties and longer bans from carrying firearms.
• The law tightens enforcement tools while increasing the consequences for public carry of a pistol when under the influence.

Relevant Terms - preliminary screening test - breath sample - device approved by the commissioner - chemical tests (as authorized in section 624.7143) - elevated blood alcohol concentration (BAC) - carrying a pistol in a public place while under the influence - revocation and suspension of carrying authority - misdemeanor, gross misdemeanor, felony - prior convictions - not subject to forfeiture (in certain cases) - civil action - Minnesota Statutes 624.7142 and 624.7143