Domestic Violence Firearms Restrictions Effective August 1, 2014 Minnesota Coalition for Battered Women Safia Khan, Program Manager - Criminal Justice System Advocacy, Rebekah Moses, Program Manager - Public Policy,

Domestic Firearms Legislation HF 3238 – August 2014 Firearms Surrender Qualifying Order For Protections (OFPs) – 518B.01 Qualifying Domestic Child Abuse Orders – 260C.201 Domestic Assault Convictions (Permit surrender as well) Stalking Convictions (Permit surrender as well) –

Firearms Defined "Firearm" means a gun that discharges shot or a projectile by means of an explosive, a gas, or compressed air. Pistols Long-guns - rifles

Qualifying OFP Notice & opportunity to participate Inform respondent of surrender provisions

Qualifying OFP Language Must AND DO 1 OF THESE THINGS: restrain the abusing party from harassing, stalking, or threatening the petitioner; OR restrain the abusing party from engaging in other conduct that would place the petitioner in reasonable fear of bodily injury; DO 1 OF THESE THINGS: include a finding that the abusing party represents a credible threat to the physical safety of the petitioner; OR prohibit the abusing party from using, attempting to use, or threatening to use physical force against the petitioner.

To Whom can Firearms be Surrendered? Law enforcement Federally licensed firearm dealer Third party – cannot reside with respondent

Process to Surrender Court orders surrender of firearms at hearing. If no determination of “imminent risk” – surrender in 3-business days to law enforcement, firearms dealer or third party File Proof of transfer or Third party affidavit with court within 2 business days of surrender/transfer. Surrender/transfer document is sealed.

Surrender Ordered 3-days to surrender 2-days to provide proof Timeline for Normal Surrender of Firearms

Process for Immediate Surrender If the court determines “imminent risk”, ALL firearms must be surrendered immediately following the hearing to law enforcement. Respondent may seek transfer to firearms dealer or third-party. Must give written notice to law enforcement within 3 business days Provide law enforcement proof of transfer to firearms dealer OR third-party affidavit Law enforcement must transfer firearms Law enforcement files affidavit/proof of transfer with court within 2 business days of transfer.

Imminent Risk – Order Immediate Surrender to Law Enforcement 3-days to file transfer request with Law Enforcement Law Enforcement Transfers to Third-Party or Dealer 2-days to notify Court Timeline for Surrender of Firearms when Imminent Risk

Process when Firearm used in Crime If defendant owns & uses firearm in domestic assault/stalking, firearm “summarily forfeited to appropriate agency” If defendant owns additional firearms, surrender of additional firearms through normal surrender procedures.

Length of Surrender/Transfer Qualifying OFP – for the length of the order (up to 2 years. ) Domestic Child Abuse Orders – for the length of the order (up to 1 year ) Domestic Assault/Stalking If firearm used in crime – up to life. If no firearm used in crime – 3 years from date of conviction. (Federal law application)

Transfer Documentation Third party affidavit: Permanent transfer of firearms OR Temporary storage until respondent may legally possess. AND Acknowledge may be held criminally & civilly responsible if respondent gains access Serial number of firearms Make of firearms Model of firearms

Proof of Transfer Required of law enforcement and firearms dealers Provided to respondent/defendant Specify whether permanent or temporary transfer Abusing party's name Date of transfer Serial number of firearms Make of firearms Model of firearms

Ineligible Persons An ineligible person is not entitled to possess a firearm. Ineligible persons list used by court to report to NICS. Added to list of Ineligible Persons for possession of firearms Abusing parties in Qualifying OFPs Abusing parties in Qualifying Domestic Child Abuse Orders Persons convicted of Domestic Assault Felony crimes of violence and gross misdemeanor stalking were already on list

Possession during Ineligible Period Gross misdemeanor

Penalties for Third Parties Third party affidavit – may be held criminally & civilly responsible Gross misdemeanor if respondent obtains possession during prohibited period (law enforcement, firearm dealer, and third-party) Affirmative defense – exercised due care.

Is Acceptance of Firearms Voluntary? Except when imminent risk is determined OR firearm used in crime, acceptance of firearms is VOLUNTARY. Fee for storage may be charged.

What is a reasonable storage fee? Law enforcement discussing uniform fees No compensation for permanent transfer or forfeiture Centralized storage facilities Will law enforcement be accepting surrendered guns? Probably if storage issues are resolved. Uniform responses being discussed. Responses vary widely Is ownership of firearms transferred? Under surrender/transfer provisions, NO. Only possession is shifted, not ownership.

Can someone other than respondent turn in the firearms? Statute is silent. Burden on respondent. Can law enforcement dispose of firearms? If respondent fails to retrieve firearms once eligible to possess, YES. Law enforcement must: Have established policy for disposal of abandoned firearms Notify respondent via certified mail prior to disposal

Does gun surrender apply to DANCOs or HROs? No. What happens (what are the options) if Respondent is required to have a gun for their job? Does a person still qualify for a hunting permit or conceal and carry permit?

Will law enforcement take the guns if the person does not voluntarily surrender? Can law enforcement take the guns? How do you know whether the gun was surrendered? Or all guns were surrendered? If guns were to be surrendered and they are not, what happens?

Resource: FAQs

Resources Sample protocols – law enforcement Sample forms – Uniform Forms from Court Judicial informational sheet – training Resources: Battered Women’s Justice Project – bwjp.org Minnesota Coalition for Battered Women – mcbw.org

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