SF4896

Purpose

• Strengthen penalties for transferring a firearm to someone who is not legally allowed to possess it.
• Create a mandatory minimum sentence for certain transfers to an ineligible person.
• Remove an affirmative defense related to these transfers.
• Update the statutory rules about when a transfer is prohibited and who qualifies as ineligible.

Main provisions

• Transfers to ineligible recipients: A person commits a felony and can be sentenced to imprisonment up to two to three years and fined up to $10,000 if they intentionally transfer a firearm to someone they know or should know is not eligible to possess the firearm (based on eligibility to possess a pistol or semiautomatic military-style assault weapon, or any firearm) due to Section 624.713 determinations or transfer reports, or due to being found ineligible by a chief of police or sheriff.
• Scope of ineligibility: The ineligibility can come from not having a valid permit to possess or from being disqualified under the relevant statutes.
• Age-based exception: The transfer prohibition does not apply to transferring a firearm (other than a pistol or semiautomatic military-style assault weapon) to a person under 18 who is not disqualified from possessing any other firearm.
• Mandatory minimum and removal of defense: The bill establishes a mandatory minimum sentence for certain transfers to ineligible persons and removes an affirmative defense that might otherwise apply to these transfers.
• Statutory changes: The bill amends Minnesota Statutes 2024 section 624.7141, subdivisions 1 and 2, and repeals subdivision 4.

Significant changes to existing law

• Adds a mandatory minimum sentence for transfers to ineligible persons.
• Increases or clarifies the potential imprisonment (up to two to three years) and fines (up to $10,000) for prohibited transfers.
• Eliminates an affirmative defense currently available in these cases.
• Expands the circumstances under which a transfer is considered prohibited, including knowledge standards about the transferee’s eligibility and police/sheriff determinations.
• Specifies an age-based carve-out for transfers of firearms other than pistols or semiautomatic military-style weapons to certain minors.
• Repeals an existing subdivision (subdivision 4) of the statute and updates the related provisions.

Practical impact

• People who transfer a firearm to someone who is not legally allowed to possess it could face felony charges, longer potential prison time, and higher fines.
• Those who transfer to ineligible persons will face a mandatory minimum sentence in certain cases.
• The legal defense previously available to some defendants will be removed, potentially increasing prosecutorial reach.
• Some transfers to minors involving non-pistol/non-semiautomatic firearms remain allowed under specific conditions.

Relevant terms

• transfer prohibited
• firearm
• pistol
• semiautomatic militarystyle assault weapon
• ineligible
• permit to carry
• Section 624.713
• chief of police or sheriff
• transferee
• transfer report
• affirmative defense
• mandatory minimum sentence
• Minnesota Statutes 2024 section 624.7141
• disqualified

Relevant Terms - transfer prohibited - firearm - pistol - semiautomatic militarystyle assault weapon - ineligible - permit to carry - transferee - chief of police or sheriff - transfer report - mandatory minimum sentence - affirmative defense - Minnesota Statutes 624.7141 - disqualified - Section 624.713