SF3825

Purpose

• This bill aims to improve public safety by requiring that loaded firearms be stored in locations where people who are not allowed to possess firearms (such as certain individuals under Minnesota law) cannot access them. It updates definitions and adds penalties for negligent storage of loaded guns.

Main Provisions

• Section 1 – Definitions (for section 609.666):
  • Firearm: A device designed to expel a projectile by explosion or combustion (standard definition).
  • Child: A person under 18 years old.
  • Loaded: A firearm that has ammunition in the chamber or a magazine in the firearm (if a magazine is in the firearm), with an exception: the firearm is not considered loaded if it is incapable of being fired by a child who is likely to gain access to it.
• Section 2 – Access to firearms:
  • A person commits 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 (under section 624.713, subdivision 1) is likely to gain access, unless reasonable actions are taken to secure the firearm against access by the child or the prohibited person.

What the bill seeks to accomplish

• Establish clearer rules around when a firearm is considered loaded.
• Create a legal obligation to secure loaded firearms to prevent access by minors and by people prohibited from possessing firearms.
• Introduce criminal liability (gross misdemeanor) for negligent storage of a loaded firearm in risky locations.

Key Changes to Existing Law

• Adds explicit storage requirements for loaded firearms to reduce access by children and prohibited persons.
• Expands definitions to include “loaded,” “child,” and “likely to gain access” as used in penalties.
• Introduces a negligence-based criminal penalty (gross misdemeanor) for improper storage.

Potential Implications

• Increased emphasis on safe storage practices for gun owners.
• Potential enforcement and penalties for negligent storage in homes or other locations.
• Clarifies the standard of what counts as access risk (likely to gain access by a child or prohibited person).

Terminology Emphasis

• loaded, firearm, child, access to firearms, likely to gain access, reasonable action/secure the firearm, negligent storage, gross misdemeanor, prohibited from possessing firearms, section 624.713.

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Relevant Terms - loaded - firearm - child - access to firearms - likely to gain access - reasonably should know - secure the firearm - reasonably action to secure - negligent storage - gross misdemeanor - prohibited from possessing firearms - section 624.713 subdivision 1 - firearm chamber - firearm magazine - chamber or magazine - capable of being fired - Minnesota Statutes 2024 section 609.666