1. Firearms Prohibitions & Firearms transfer orders in criminal cases
Judge Mark Kappelhoff
Hennepin County District Court

2. Conditions of release in Domestic violence cases
Prohibit defendant from possessing a firearm or other weapon
Remain law abiding, including threatening or committing acts of domestic abuse against the alleged victim
No contact with victim – in person; phone/text; social media; or 3rd party
Stay away from victim’s residence or any location where victim is likely to be (work, school, etc.)
Abide by any active HRO/OFP/NCO/DANCO
Prohibit defendant from possessing or consuming alcohol or non- prescribed controlled substances
Any other reasonable condition to protect the alleged victim and ensure the defendant’s appearance at subsequent proceedings

4. Firearms prohibitions
Judges must issue firearms prohibition order when defendant is convicted of:
Domestic Assault
5th Degree Assault, if victim is family or household member
Stalking
Violation of an Order for Protection
Three year ban from possessing firearms or pistols (VOFPs)
Firearms: “any weapon…designed to expel a projectile”
Pistol: “a weapon…less than 26 inches” long
Gross Misdemeanor for violation of Order
Prohibition applies even if Order not issued
Lifetime ban for any felony violation of Domestic Assault; th Degree Assault; or Stalking

5. Federal firearms prohibitions
Defendant convicted of a qualifying misdemeanor crime of domestic violence is prohibited from possessing all firearms or ammunition
Qualifying misdemeanor:
Crime has an element of either the use or attempted use of physical force, or the threatened use of a deadly weapon
Defendant is a current/former spouse, parent, or guardian of victim; person with whom victim shares a child in common; person who is cohabitating or has cohabitated with victim as a spouse, parent or guardian of victim; or person similarly situated to the spouse, parent or guardian of victim
Conviction has not been set aside, expunged, or person pardoned
Lifetime ban
Penalty: 10 years, up to $250,000 fine

6. Firearms Transfer Orders in Criminal Cases

7. Firearms Transfer following Criminal Convictions
A person convicted of the following offenses MUST transfer any firearms they possess within 3 business days of the Order:
Domestic Assault
Domestic Assault by Strangulation
1st, 2nd, 3rd & 5th Degree Assault against a family or household member
Stalking against any victim
(Note: This same provision applies to Respondents in OFPs.)

9. Firearms Immediate Possession in Criminal Cases
Minnesota Statutes: &

10. Firearms Immediate Possession following Criminal Convictions
The Court may order local law enforcement to take “immediate possession” of any firearms in the possession of a person convicted of the following offenses:
Domestic Assault
Domestic Assault by Strangulation
1st, 2nd, 3rd & 5th Degree Assault against a family/household member
Stalking against any victim
(Note: This same provision applies to Respondents in OFPs.)
Court must find by a preponderance of the evidence that there is the “imminent risk of causing substantial bodily harm” to another person
Persons convicted of Interference with an Emergency Call or Violation of any type of order prohibiting contact are not subject to a firearms immediate possession order

11. Defendant is convicted of: Domestic Assault
Domestic Assault by Strangulation
Stalking against anyone
1st, 2nd, 3rd or 5th Degree Assault against a family or household member
Judge must order Defendant to transfer any firearms
Judge issues combined Firearms Transfer Order/Notices to Defendant so that he/she has notice & forms necessary to document transfer
Defendant must transfer all firearms within 3 business days of the Order to:
Federally licensed firearms dealer
Law Enforcement (don't need to accept)
A third party who may lawfully receive them
Defendant must also surrender all permits to carry and/or purchase firearms to the sheriff
Defendant must file proof of transfer with courts within 2 business days of transfer.
Proof of Transfer to Dealer or Law Enforcement must be signed by them.
Transfer to a 3rd Party must be done in Affidavit Form and notarized
No criminal penalty in statute for failure to transfer or file copy of transfer.
Defendant can be charged with a GM or a felony (for felony level convictions above) for possessing a firearm after a conviction.

12. Firearms Prohibition Order required upon conviction
Offense
Statute
Firearms Prohibition Order required upon conviction
Firearms Transfer Order required upon Conviction
“Immediate Possession” may be ordered if finding of “imminent risk of substantial bodily harm”
Domestic Assault (M)
Yes
Domestic Assault (GM)
5th Degree Assault (M) No
5th Degree Assault with victim as family or household member (M)
5th Degree Assault with victim as family or household member (GM)
Violation of an Order for Protection (M)
518B.01.14(b)
Violation of an Order for Protection (GM)
518B.01.14(c)
Interference with an Emergency Telephone Call (GM)
Violation of a Domestic Abuse No Contact Order (M)
(c)
Violation of a Domestic Abuse No Contact Order (GM)
(d)
Violation of a Harassment Order (M)
(b)
Violation of a Harassment Order (GM)
(c)
Obscene or Harassing Telephone Calls (M)
609.79
Stalking (GM)
Any other misdemeanor/gross misdemeanor offense
Three year ban from date of conviction. Gross misdemeanor if defendant violates firearms prohibition