SF4910

Purpose

This bill tightens penalties for people who have a violent-crime conviction and then ship, transport, possess, or receive a firearm or ammunition. It targets unlawful firearm possession by individuals deemed to have committed violence and aims to deter and punish those specific conduct more severely.

Main Provisions

• Amends Minnesota Statutes 2024 section 609.165 subdivision 1b to add a new penalty framework:
  • If a person has been convicted of a crime of violence (defined in section 624.712 subdivision 5) and ships, transports, possesses, or receives a firearm or ammunition, that person commits a felony.
  • Possible penalties for this felony: imprisonment up to 15 years or up to 20 years, and/or a fine up to $30,000.
• Penal and statutory interaction:
  • A conviction and sentencing under this new provision bars a separate conviction and sentencing for a violation of Minnesota Statutes section 624.713 subdivision 2 (the related unlawful possession of a firearm statute). In short, it prevents double punishment for the same conduct under these two statutes.
• Exemptions:
  • The enhanced penalty does not apply to a person who has received a relief of disability under 18 U.S.C. § 925 or to someone whose ability to possess firearms and ammunition has been restored under subdivision 1d.

How It Applies

• Target population: individuals who have a prior crime of violence conviction and who then engage in trafficking, shipping, transportation, possession, or receipt of firearms or ammunition.
• Enforcement outcome: these individuals could be charged with a felony carrying significant prison time and fines, with a prohibition on duplicative penalties under related firearm statutes, unless they have rights relief or restoration.

Related Provisions and Changes to Existing Law

• The bill also references amendments to sections 624.713 subdivision 2 and 624.7141 subdivisions 1–2, in addition to the 609.165 subdivision being amended. The provided text details the 609.165 changes; the exact adjustments to 624.713 and 624.7141 are part of the package, though specific text for those sections isn’t included here.
• The changes are designed to align penalties for violent offenders with firearm possession, and to reduce overlap with other firearm statutes.

Definitions and Key Terms (contextual)

• Crime of violence: defined in Minnesota Statutes 624.712 subdivision 5.
• Firearm and ammunition: objects involved in the prohibited conduct.
• Relief of disability: relief under 18 U.S.C. § 925 that restores firearm rights.
• Restoration of rights: process in subdivision 1d that re-enables firearm possession.
• Unlawful possession of firearms: the related statute (624.713) and its subdivision 2, with which the new provision interacts to avoid double punishment.

Practical Effects and Considerations

• The bill increases potential penalties for violent offenders who possess firearms, aiming to prevent high-risk individuals from having firearms.
• The single-claim approach (bar on dual convictions under 609.165 and 624.713(2)) simplifies charging and sentencing in these cases.
• For individuals with restored firearm rights or relief of disability, the enhanced penalty would not apply.

Relevant Terms crime of violence; violence as defined in 624.712(5); firearm; ammunition; felony; imprisonment; prison term up to 15 years; prison term up to 20 years; fine up to $30,000; relief of disability; 18 U.S.C. § 925; restoration of rights; section 624.713; subdivision 2; section 624.7141; unlawful possession of firearms; bar to double punishment.