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New Legislation Places Restrictions on Firearm Possession for Domestic Abuse & Order for Protection Cases

July 23, 2014 at 6:37 AM

            In the most recent session, the Minnesota legislature placed new restrictions on firearm possession for individuals who are convicted of domestic violence and orders for protection.

            In Minnesota, the number of domestic violence murders rose dramatically in 2013, more than doubling 2012 numbers. Current Minnesota law prohibits individuals convicted of domestic assault from possessing handguns, but is silent regarding their ability to possess assault weapons and other rifles and shotguns. This law will change this.

            Under the new provision, when dealing with child abuse, domestic abuse, or stalking, the court will order a person convicted of domestic assault or orders for protection to surrender to the sheriff any permits to carry or purchase firearms and to surrender any firearms that the individual may control to a federally licensed firearms dealer or law enforcement agency. It requires that the individual convicted be prohibited from possessing a firearm for a specific amount of time in such cases, rather than just a possibility that they could be prohibited from such.

            Minnesota is the third state to pass legislation to prohibit firearms in these situations, joining Washington state and Wisconsin. If you are seeking an order for protection or are exposed to domestic violence, this new law would prohibit the individual whom you are seeking the order against from possessing firearms for your safety. Such individuals would have to surrender any permits to carry along with their firearms to a firearms dealer or law enforcement agency. If you are subject to orders for protection or face charges for domestic assault, this new law would prohibit you from possessing any firearm for a specific period of time if convicted. All firearms and permits to carry would have to be surrendered.

            If you are someone who may be affected by this new provision, contact an attorney to further discuss your situation.

https://www.revisor.mn.gov/bills/text.php?number=HF3238&version=latest&session_number=0&session_year=2013&format=pdf



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Category: Family law

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