Walz signs ‘red flag’ orders, universal background checks

Discussion of firearm-related news stories. Please use "Off Topic" for non-firearm news.
Forum rules
Do NOT post the full text of published articles. If you would like to discuss a news story please link to it and, at most, include a brief summary of the article.

Walz signs ‘red flag’ orders, universal background checks

Postby Markemp on Fri May 19, 2023 6:44 pm

https://www.mprnews.org/story/2023/05/1 ... s-into-law

The plan makes Minnesota the 20th state to enact what are known as red flag protections designed to remove firearms from those deemed a danger to themselves or others. It also expands criminal background checks to private transfers of firearms.

Under the proposals, more firearm sales will be subject to background checks and it will be easier for concerned family members and law enforcement to temporarily remove guns from people in crisis.

Boost funding for Minnesota courts to improve courtroom technology and raise salaries of judicial branch workers and legal aid programs.
Expand youth intervention and restorative programs with the aim of changing the direction of young people before they commit more serious crimes.
Rework the pardons process so decisions of the three-person panel — the governor, attorney general and Supreme Court chief justice — won’t have to be unanimous. The governor will have to be part of any vote where a pardon is awarded.
Allow prison inmates to shave time off their incarceration by participating in rehabilitative, substance abuse or educational programs while behind bars. The credits couldn’t cut their prison time to less than half but it could mean inmates serve less than the standard two-thirds of a sentence in custody before supervised release is permitted.
Include gender identity, gender expression or perception of those in the definition of bias-motivated assault when the crime is believed to be driven by those factors.
Limit the use of no-knock search warrants by police and changing the protocol for how they will be conducted should a judge issue one.
Ensure that families of people killed by police get access within five days to body camera footage, with the requirement that it be released to the general public within two weeks.
Fund police recruitment, given a shortage of licensed officers.

The law will also create the first in the nation Office of Missing and Murdered African American Women and Girls. It will be similar to the state’s Office of Missing and Murdered Indigenous Women and Girls.


Good news for the people of Minnesota. Definitely a step in the right direction for better gun safety.
Laws and regulations preserve freedom by striking a balance among individuals' liberties.
User avatar
Markemp
 
Posts: 306 [View]
Joined: Mon Aug 24, 2015 3:45 pm

Re: Walz signs ‘red flag’ orders, universal background checks

Postby 870TC on Fri May 19, 2023 6:49 pm

anyone have the final wording of the 2 gun bills?.
I have not found it in the 500 pages of crap
870TC
 
Posts: 831 [View]
Joined: Sat May 30, 2009 5:17 pm

Re: Walz signs ‘red flag’ orders, universal background checks

Postby Jackpine Savage on Fri May 19, 2023 6:58 pm

Markemp wrote:Fund police recruitment, given a shortage of licensed officers.



Good luck with that. No one in their right mind wants to be a cop these days. Especially in the left wing **** holes.
User avatar
Jackpine Savage
 
Posts: 1703 [View]
Joined: Sat Feb 09, 2008 8:45 am
Location: west central MN

Re: Walz signs ‘red flag’ orders, universal background checks

Postby bstrawse on Fri May 19, 2023 7:43 pm

870TC wrote:anyone have the final wording of the 2 gun bills?.
I have not found it in the 500 pages of crap


https://gunowners.mn/take-action/2023-2024-session/

Goto the SF2909 section and we have the final bill language there. We'll have some explainer videos and resources up on the Caucus website in a week or two.
b
Chair, Minnesota Gun Owners Caucus & Minnesota Gun Owners Political Action Committee - Join the Caucus TODAY
MN Permit to Carry Instructor| NRA Instructor | NRA Chief Range Safety Officer | Twitter | Facebook
User avatar
bstrawse
Moderator
 
Posts: 4136 [View]
Joined: Thu Apr 16, 2009 11:45 am
Location: Roseville, MN

Re: Walz signs ‘red flag’ orders, universal background checks

Postby bstrawse on Fri May 19, 2023 7:44 pm

Markemp wrote:
Good news for the people of Minnesota. Definitely a step in the right direction for better gun safety.


Yeah, I couldn't disagree more - starting with your phrase choice of "gun safety"

b
Chair, Minnesota Gun Owners Caucus & Minnesota Gun Owners Political Action Committee - Join the Caucus TODAY
MN Permit to Carry Instructor| NRA Instructor | NRA Chief Range Safety Officer | Twitter | Facebook
User avatar
bstrawse
Moderator
 
Posts: 4136 [View]
Joined: Thu Apr 16, 2009 11:45 am
Location: Roseville, MN

Re: Walz signs ‘red flag’ orders, universal background checks

Postby jdege on Fri May 19, 2023 10:20 pm

bstrawse wrote:
870TC wrote:anyone have the final wording of the 2 gun bills?.
I have not found it in the 500 pages of crap


https://gunowners.mn/take-action/2023-2024-session/

Goto the SF2909 section and we have the final bill language there. We'll have some explainer videos and resources up on the Caucus website in a week or two.
b


I did a bit of cut-and-paste:

Sec. 3. [624.7134] PRIVATE PARTY TRANSFERS; BACKGROUND CHECK
REQUIRED.
Subdivision 1.Definitions.(a) As used in this section, the following terms have the
meanings provided in this subdivision.
(b) "Firearms dealer" means a person who is licensed by the United States Department
of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, under United States Code,
title 18, section 923(a).

(c) "State or federally issued identification" means a document or card made or issued
by or under the authority of the United States government or the state that contains the
person's name, residence address, date of birth, and photograph and is of a type commonly
accepted for the purpose of identification of individuals.

(d) "Unlicensed person" means a person who does not hold a license under United States
Code, title 18, section 923(a).

Subd. 2.Background check and evidence of identity.An unlicensed person is prohibited
from transferring a pistol or semiautomatic military-style assault weapon to any other
unlicensed person, unless: (1) the transfer is made through a firearms dealer as provided
for in subdivision 3; or (2) the transferee presents a valid transferee permit issued under
section 624.7131 and a current state or federally issued identification.
Subd. 3.Background check conducted by federally licensed firearms dealer.(a)
Where both parties to a prospective transfer of a pistol or semiautomatic military-style
assault weapon are unlicensed persons, the transferor and transferee may appear jointly
before a federally licensed firearms dealer with the firearm and request that the federally
licensed firearms dealer conduct a background check on the transferee and facilitate the
transfer.
(b) Except as otherwise provided in this section, a federally licensed firearms dealer
who agrees to facilitate a transfer under this section shall:

(1) process the transfer as though transferring the firearm from the dealer's inventory to
the transferee; and

(2) comply with all requirements of federal and state law that would apply if the firearms
dealer were making the transfer, including at a minimum all background checks and record
keeping requirements. The exception to the report of transfer process in section 624.7132,
subdivision 12, clause (1), does not apply to transfers completed under this subdivision.

(c) If the transferee is prohibited by federal law from purchasing or possessing the firearm
or not entitled under state law to possess the firearm, neither the federally licensed firearms
dealer nor the transferor shall transfer the firearm to the transferee.

(d) Notwithstanding any other law to the contrary, this section shall not prevent the
transferor from:

(1) removing the firearm from the premises of the federally licensed firearms dealer, or
the gun show or event where the federally licensed firearms dealer is conducting business,
as applicable, while the background check is being conducted, provided that the transferor
must return to the federally licensed firearms dealer with the transferee before the transfer
takes place, and the federally licensed firearms dealer must take possession of the firearm
in order to complete the transfer; and

(2) removing the firearm from the business premises of the federally licensed firearms
dealer if the results of the background check indicate the transferee is prohibited by federal
law from purchasing or possessing the firearm or not entitled under state law to possess the
firearm.

(e) A transferee who consents to participate in a transfer under this subdivision is not
entitled to have the transfer report returned as provided for in section 624.7132, subdivision
10.

(f) A firearms dealer may charge a reasonable fee for conducting a background check
and facilitating a transfer between the transferor and transferee pursuant to this section.

Subd. 4.Record of transfer; required information.(a) Unless a transfer is made
through a firearms dealer as provided for in subdivision 3, when two unlicensed persons
complete the transfer of a pistol or semiautomatic military-style assault weapon, the transferor
and transferee must complete a record of transfer on a form designed and made publicly
available without fee for this purpose by the superintendent of the Bureau of Criminal
Apprehension. Each page of the record of transfer must be signed and dated by the transferor
and the transferee and contain the serial number of the pistol or semiautomatic military-style
assault weapon.
(b) The record of transfer must contain the following information:

(1) a clear copy of each person's current state or federally issued identification;

(2) a clear copy of the transferee permit presented by the transferee; and

(3) a signed statement by the transferee swearing that the transferee is not currently
prohibited by state or federal law from possessing a firearm.

(c) The record of transfer must also contain the following information regarding the
transferred pistol or semiautomatic military-style assault weapon:

(1) the type of pistol or semiautomatic military-style assault weapon;

(2) the manufacturer, make, and model of the pistol or semiautomatic military-style
assault weapon; and

(3) the pistol or semiautomatic military-style assault weapon's manufacturer-assigned
serial number.

(d) Both the transferor and the transferee must retain a copy of the record of transfer
and any attachments to the record of transfer for 10 years from the date of the transfer. A
copy in digital form shall be acceptable for the purposes of this paragraph.

Subd. 5.Compulsory production of a record of transfer; misdemeanor penalty.(a)
Unless a transfer was completed under subdivision 3, the transferor and transferee of a pistol
or semiautomatic military-style assault weapon transferred under subdivision 4 must produce
the record of transfer when a peace officer requests the record as part of a criminal
investigation.
(b) A person who refuses or is unable to produce a record of transfer for a firearm
transferred under this section in response to a request for production made by a peace officer
pursuant to paragraph (a) is guilty of a misdemeanor. A prosecution or conviction for
violation of this subdivision is not a bar to conviction of, or punishment for, any other crime
committed involving the transferred firearm.

Subd. 6.Immunity.A person is immune to a charge of violating this section if the person
presents a record of transfer that satisfies the requirements of subdivision 4.
Subd. 7.Exclusions.(a) This section shall not apply to the following transfers:
(1) a transfer by or to a federally licensed firearms dealer;

(2) a transfer by or to any law enforcement agency;

(3) to the extent the transferee is acting within the course and scope of employment and
official duties, a transfer to:

(i) a peace officer, as defined in section 626.84, subdivision 1, paragraph (c);

(ii) a member of the United States armed forces, the National Guard, or the Reserves of
the United States armed forces;

(iii) a federal law enforcement officer; or

(iv) a security guard employed by a protective agent licensed pursuant to chapter 326;

(4) a transfer between immediate family members, which for the purposes of this section
means spouses, domestic partners, parents, children, siblings, grandparents, and
grandchildren;

(5) a transfer to an executor, administrator, trustee, or personal representative of an estate
or a trust that occurs by operation of law upon the death of the former owner of the firearm;

(6) a transfer of an antique firearm as defined in section 624.712, subdivision 3;

(7) a transfer of a curio or relic, as defined in Code of Federal Regulations, title 27,
section 478.11, if the transfer is between collectors of firearms as curios or relics as defined
by United States Code, title 18, section 921(a)(13), who each have in their possession a
valid collector of curio and relics license issued by the United States Department of Justice,
Bureau of Alcohol, Tobacco, Firearms and Explosives;

(8) the temporary transfer of a firearm if:

(i) the transfer is necessary to prevent imminent death or great bodily harm; and

(ii) the person's possession lasts only as long as immediately necessary to prevent such
imminent death or great bodily harm;

(9) transfers by or to an auctioneer who is in compliance with chapter 330 and acting in
the person's official role as an auctioneer to facilitate or conduct an auction of the firearm;
and

(10) a temporary transfer if the transferee's possession of the firearm following the
transfer is only:

(i) at a shooting range that operates in compliance with the performance standards under
chapter 87A or is a nonconforming use under section 87A.03, subdivision 2, or, if compliance
is not required by the governing body of the jurisdiction, at an established shooting range
operated consistently with local law in the jurisdiction;

(ii) at a lawfully organized competition involving the use of a firearm, or while
participating in or practicing for a performance by an organized group that uses firearms as
part of the performance;

(iii) while hunting or trapping if the hunting or trapping is legal in all places where the
transferee possesses the firearm and the transferee holds all licenses or permits required for
hunting or trapping;

(iv) at a lawfully organized educational or instructional course and under the direct
supervision of a certified instructor, as that term is defined in section 624.714, subdivision
2a, paragraph (d); or

(v) while in the actual presence of the transferor.

(b) A transfer under this subdivision is permitted only if the transferor has no reason to
believe:

(1) that the transferee is prohibited by federal law from buying or possessing firearms
or not entitled under state law to possess firearms;

(2) if the transferee is under 18 years of age and is receiving the firearm under direct
supervision and control of an adult, that the adult is prohibited by federal law from buying
or possessing firearms or not entitled under state law to possess firearms; or

(3) that the transferee will use or intends to use the firearm in the commission of a crime.

EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
User avatar
jdege
 
Posts: 4466 [View]
Joined: Sun Jul 29, 2007 10:07 am

Re: Walz signs ‘red flag’ orders, universal background checks

Postby LESchwartz on Sat May 20, 2023 8:35 am

I am not a lawyer . . . however, my reading of what passed seems to allow continued private party transfers with a Carry or Purchase Permit. I had been requiring that whenever I sold something anyway, so maybe it won't be too much of a change for some of us. I don't think FFLs will see much of a difference either. Prolly infrequent buyers will be effected most. Still a hassle though, and not likely to stop criminals from getting guns.

I wonder about the prospects of it being overturned . . .

Larry
LESchwartz
 
Posts: 6 [View]
Joined: Wed Oct 19, 2011 5:20 pm

Re: Walz signs ‘red flag’ orders, universal background checks

Postby bstrawse on Sat May 20, 2023 11:04 am

LESchwartz wrote:I am not a lawyer . . . however, my reading of what passed seems to allow continued private party transfers with a Carry or Purchase Permit. I had been requiring that whenever I sold something anyway, so maybe it won't be too much of a change for some of us. I don't think FFLs will see much of a difference either. Prolly infrequent buyers will be effected most. Still a hassle though, and not likely to stop criminals from getting guns.

I wonder about the prospects of it being overturned . . .

Larry


you can do a private transfer w/ a PTP or PTC by filling out a state mandated form, both buyer and seller sign it, photocopy of the permit and an ID must be included, and you must both keep it for 10 years post-transfer - AND produce on demand by any law enforcement officer as a "part of a criminal investigation"

ALSO, PTPs can now be denied for more reasons - and they will have 30 days to process rather than 7 days.

To date, this sort of UBC has not been struck down anywhere - but we see a few holes we are exploring here with outside counsel and national partners.

The Caucus will have some explainer material up within a few weeks.
b
Chair, Minnesota Gun Owners Caucus & Minnesota Gun Owners Political Action Committee - Join the Caucus TODAY
MN Permit to Carry Instructor| NRA Instructor | NRA Chief Range Safety Officer | Twitter | Facebook
User avatar
bstrawse
Moderator
 
Posts: 4136 [View]
Joined: Thu Apr 16, 2009 11:45 am
Location: Roseville, MN

Re: Walz signs ‘red flag’ orders, universal background checks

Postby usnret on Sun May 21, 2023 7:40 am

I thought that bills could not have numerous bills crammed into a bill. Just like when the original carry permit bill was shot down. But then again the DFL doesn't care about the rules.
"The two most important rules in a gunfight are: Always cheat and
Always win."
GLOCK Certified Armorer
User avatar
usnret
 
Posts: 921 [View]
Joined: Fri May 22, 2009 6:41 am
Location: Middle of Nowhere

Re: Walz signs ‘red flag’ orders, universal background checks

Postby LESchwartz on Sun May 21, 2023 7:58 am

usnret wrote:I thought that bills could not have numerous bills crammed into a bill. Just like when the original carry permit bill was shot down. But then again the DFL doesn't care about the rules.


All they need to do is put the word "omnibus" in front of it.

Larry
LESchwartz
 
Posts: 6 [View]
Joined: Wed Oct 19, 2011 5:20 pm

Re: Walz signs ‘red flag’ orders, universal background checks

Postby bstrawse on Sun May 21, 2023 9:33 am

usnret wrote:I thought that bills could not have numerous bills crammed into a bill. Just like when the original carry permit bill was shot down. But then again the DFL doesn't care about the rules.


The court precedent is as long as it's in the title of the bill, it's a single subject bill.

It sucks but thems the cards we've been dealt.
Chair, Minnesota Gun Owners Caucus & Minnesota Gun Owners Political Action Committee - Join the Caucus TODAY
MN Permit to Carry Instructor| NRA Instructor | NRA Chief Range Safety Officer | Twitter | Facebook
User avatar
bstrawse
Moderator
 
Posts: 4136 [View]
Joined: Thu Apr 16, 2009 11:45 am
Location: Roseville, MN

Re: Walz signs ‘red flag’ orders, universal background checks

Postby daleamn on Sun May 21, 2023 1:46 pm

I thought that bills could not have numerous bills crammed into a bill.


All they need to do is put the word "omnibus" in front of it.


I always thought the same thing and was puzzled. Thank you VERY MUCH for clearing this up for me. And yeah, it is a very disingenuous (disingenuous=cruddy) way to do business!
daleamn
 
Posts: 444 [View]
Joined: Fri Feb 08, 2019 2:10 pm
Location: Twin Cities

Re: Walz signs ‘red flag’ orders, universal background checks

Postby Lumpy on Sun May 21, 2023 4:56 pm

Was there any attempt to negotiate sunset clauses for the gun bills? So for example if the Red Flag law turns out to be grossly abused it could have been allowed to die and not be renewed? The "one-way-ratchet" effect of laws being next to unrepealable is what irks the libertarian in me.
User avatar
Lumpy
 
Posts: 2700 [View]
Joined: Sat Dec 28, 2013 2:54 pm
Location: North of Lowry, West of Penn

Re: Walz signs ‘red flag’ orders, universal background checks

Postby bstrawse on Sun May 21, 2023 5:36 pm

Lumpy wrote:Was there any attempt to negotiate sunset clauses for the gun bills? So for example if the Red Flag law turns out to be grossly abused it could have been allowed to die and not be renewed? The "one-way-ratchet" effect of laws being next to unrepealable is what irks the libertarian in me.


We weren't negotiating on the bills.

There was an amendment about sunsetting the red flag provision if the suicide rate by firearms didn't drop - they refused it.
b
Chair, Minnesota Gun Owners Caucus & Minnesota Gun Owners Political Action Committee - Join the Caucus TODAY
MN Permit to Carry Instructor| NRA Instructor | NRA Chief Range Safety Officer | Twitter | Facebook
User avatar
bstrawse
Moderator
 
Posts: 4136 [View]
Joined: Thu Apr 16, 2009 11:45 am
Location: Roseville, MN

Re: Walz signs ‘red flag’ orders, universal background checks

Postby srommes on Sun May 21, 2023 6:41 pm

bstrawse wrote:
LESchwartz wrote:I am not a lawyer . . . however, my reading of what passed seems to allow continued private party transfers with a Carry or Purchase Permit. I had been requiring that whenever I sold something anyway, so maybe it won't be too much of a change for some of us. I don't think FFLs will see much of a difference either. Prolly infrequent buyers will be effected most. Still a hassle though, and not likely to stop criminals from getting guns.

I wonder about the prospects of it being overturned . . .

Larry


you can do a private transfer w/ a PTP or PTC by filling out a state mandated form, both buyer and seller sign it, photocopy of the permit and an ID must be included, and you must both keep it for 10 years post-transfer - AND produce on demand by any law enforcement officer as a "part of a criminal investigation"

ALSO, PTPs can now be denied for more reasons - and they will have 30 days to process rather than 7 days.

To date, this sort of UBC has not been struck down anywhere - but we see a few holes we are exploring here with outside counsel and national partners.

The Caucus will have some explainer material up within a few weeks.
b


Thank you for sharing this info. While I’m not a proponent of any new gun laws, the fact that you can still do a private transfer without going through an FFL as long as both parties have a PTC or PTP makes this far less of a hassle than anticipated. Other than photo copies of the permit and license, I have always required a permit and bill of sale anyways.
srommes
 
Posts: 7 [View]
Joined: Thu Aug 14, 2014 5:18 am

Next

Return to In The News

Who is online

Users browsing this forum: No registered users and 16 guests

cron