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624.7141.4

Statute ID: 19984

Statute Function ID: 39916

Transfer Firearm to Ineligible Person - Affirmative defense

In Effect

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Statute Number:

624.7141.4

Enactment Date:

May 24, 2024

Effective Date:

Aug 1, 2024

Expiration Date:

Repealed?:

Summary Text:

Transfer Firearm to Ineligible Person - Affirmative defense

Statute ID:

19984

Created:

Jul 18, 2024 by mnjis.legal.analyst@state.mn.us

Updated:

Jul 18, 2024 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

New c127 art36 sect3; Definition

Summary Text:

Transfer Firearm to Ineligible Person - Affirmative defense

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/624/7141.html

Legislative Session:

2024 - Regular

Session Law Text?:

Statute text last updated on:

Jul 18, 2024

(a) As used in this subdivision, "family or household member" has the meaning given in section 518B.01, subdivision 2, paragraph (b).

(b) If proven by clear and convincing evidence, it is an affirmative defense to a violation of this section that the defendant was a family or household member of the transferee and committed the violation only under compulsion by the transferee who, by explicit or implicit threats or other acts, created a reasonable apprehension in the mind of the defendant that the refusal of the defendant to participate in the violation would result in the transferee inflicting substantial bodily harm or death on the defendant or a family or household member of the defendant.

(c) The fact finder may consider any evidence of past acts that would constitute domestic abuse, domestic or nondomestic assault, criminal sexual conduct, sexual extortion, sex trafficking, labor trafficking, harassment or stalking, or any other crime that is a crime of violence as defined in section 624.712, subdivision 5, or threats to commit any of these crimes by the transferee toward the defendant or another when determining if the defendant has proven the affirmative defense. Past prosecution is not required for the fact finder to consider evidence of these acts. Nothing in this paragraph limits the ability of the fact finder to consider other relevant evidence when determining if the defendant has proven the affirmative defense.