SF3600

Purpose

This bill aims to tighten gun safety protections in cases involving domestic violence and protection orders. It adds and strengthens rules that restrict or remove firearms from people who commit domestic-violence offenses, violate orders for protection, or are deemed at risk by court orders (including extreme risk protection orders). It also broadens who is considered ineligible to possess firearms and creates processes for forfeiture and transfer of firearms when these offenses occur.

Main provisions

• Lifetime firearms ban for certain domestic-violence offenses

  • Establishes a lifetime prohibition on possessing firearms for people convicted of specific misdemeanor and gross-misdemeanor domestic assault offenses, especially when a firearm was used or when the offense qualifies as a domestic violence offense under federal or state definitions.
  • Requires courts to inform the person of the firearm prohibition and, in some cases, extends the ban beyond three years or for life.

• Stronger penalties and procedures for violating orders for protection (OFP)

  • Amends the order-for-protection penalties to include minimum jail terms (e.g., at least 3 days for misdemeanor violations, at least 10 days for gross-misdemeanor violations within a certain time frame, and up to 5 years for certain felony-level violations).
  • Requires mandatory counseling or court-ordered treatment; provisions for contempt and cross-jurisdiction enforcement.
  • Allows courts to require bonds up to $10,000 and to commit violators to county jail if they refuse to comply with treatment orders.
  • Authorizes immediate arrest and detention by peace officers for violations, even if not in the officer’s presence, if the order is verifiable.
  • Provides for show-cause and contempt hearings, and possible new OFPs if a prior order has expired.

• Firearm restrictions tied to domestic-violence findings

  • If a DV offense involved a firearm or qualifies as a misdemeanor crime of domestic violence, courts may impose firearm prohibitions longer than three years or for life.
  • Courts must provide information about firearm prohibitions to defendants; expungement or pardon does not automatically remove the firearm prohibition unless explicitly stated.
  • Requires surrender or transfer of firearms, with timelines and processes for temporary or permanent transfers to federally licensed dealers, law enforcement, or approved third parties.

• Forfeiture and transfer rules for firearms

  • When a DV offense involved a firearm or is a qualifying DV offense, courts may order the summarily forfeiture of the weapon to law enforcement or a licensed dealer.
  • Establishes procedures for transferring, storing, and returning firearms during the prohibition period; requires affidavits/proofs of transfer and seals of related documents.

• Expanded ineligibility to possess firearms

  • Broadens who may not possess ammunition or firearms (including pistols and semiautomatic weapons) by adding more categories, such as:
  • People with certain violent crimes or domestic-violence-related offenses.
  • People found mentally ill, developmentally disabled, or dangerous to the public.
  • People designated under extreme risk protection orders (ERPOs) or subject to OFPs.
  • People with certain drug or substance abuse histories or treatment determinations.
  • Includes prohibitions based on cross-jurisdictional “crimes of violence” as defined by law, and extends to certain offenses committed in other states if they would be crimes of violence in Minnesota.
  • Specifies that limits may not retroactively apply to some pre-existing prohibitions, and clarifies conditions where cannabis registry participation does not automatically disqualify firearm possession.

• Extreme risk protection orders (ERPOs)

  • References and aligns with extreme risk protection orders (ERPOs) as part of the framework for restricting firearm access when there is imminent risk or danger.
  • Establishes procedures tied to ERPOs and cross-referenced sections for enforcement and transfer.

Key changes to existing law

• Adds a lifetime firearm prohibition for certain domestic-violence offenses, especially where a firearm was used or where the offense is a qualifying domestic-violence misdemeanor/gross misdemeanor.
• Expands and tightens penalties and procedures for violating orders for protection, including jail terms, counseling, bonds, and immediate arrest authority.
• Creates explicit, actionable firearm-forfeiture and transfer mechanisms tied to DV offenses and OFPs, including temporary transfers and post-prohibition return processes.
• Broadens the set of ineligible persons to possess firearms, incorporating more extensive DV-related, violent, mental-health, and ERPO-related criteria.
• Requires courts to make formal findings about firearms in domestic-violence cases (ownership, use, and related risks) and to document these on the record.
• Clarifies non-retroactivity in certain provisions while outlining how some prohibitions interact with expungement or pardons.

Practical implications

• Potentially higher risk reduction for domestic-violence victims due to strengthened prohibitions on firearm possession and mandatory forfeit/transfer procedures.
• Increased court and law-enforcement responsibilities to process, document, and enforce firearm restrictions in DV and OFP cases.
• Broader eligibility criteria for firearm ineligibility may affect a larger group of individuals, including those with certain mental-health or ERPO-related findings.

Relevant Terms

• order for protection (OFP)
• domestic violence (DV)
• family or household member
• firearm possession prohibition
• lifetime firearms ban
• misdemeanor, gross misdemeanor, felony
• weapons forfeiture (summarily forfeited)
• 609.5316 (forfeiture statute)
• 624.713 (ineligible persons to possess ammunition/firearms)
• 609.02 subdivision 6 (dangerous weapon)
• crime of violence
• domestic violence offenses (as defined by law)
• firearm transfer (temporary and permanent)
• federally licensed firearms dealer (FFL)
• extreme risk protection order (ERPO)
• 624.7172 / 624.7174 (ERPO-related provisions)
• 18 U.S.C. 921(a)(33) (MCDV – misdemeanor crime of domestic violence)
• 518B.01 subdivision 14 (order for protection penalties)
• 609.2242 subdivision 3 (domestic assaults firearms findings)
• show cause; contempt of court
• imminent risk (for immediate possession by law enforcement)
• expungement or pardon (and impact on firearm prohibitions)
• cross-jurisdiction enforcement (other states, D.C., tribal lands)
• protected conduct and protective orders (OFP, ERPO)

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