1.1.................... moves to amend the ....... amendment (H1434A18) to H.F. No. 1434
1.2as follows:
1.3Page 1, after line 2, insert:

1.4    "Sec. .... Minnesota Statutes 2014, section 609.66, is amended by adding a subdivision
1.5to read:
1.6    Subd. 1j. Transfer without background check. A transferor who sells or
1.7voluntarily transfers a firearm to a transferee in violation of section 624.7133:
1.8(1) for a first conviction, shall be guilty of a misdemeanor; and
1.9(2) for a second or subsequent conviction, shall be guilty of a gross misdemeanor.

1.10    Sec. .... Minnesota Statutes 2014, section 624.712, subdivision 6, is amended to read:
1.11    Subd. 6. Transfer. "Transfer" means a sale, gift, loan, assignment or other delivery
1.12to another, whether or not for consideration, of a pistol or semiautomatic military-style
1.13assault weapon or the frame or receiver of a pistol or semiautomatic military-style assault
1.14weapon; or as such term is used in section 624.7133, of any firearm."
1.15Page 1, line 3, delete "624.7132" and insert "609.66"
1.16Page 1, line 5, delete "Subd. 7a." and insert "Subd. 3." and before "A" insert "Except
1.17as otherwise provided in chapter 624,"
1.18Page 1, line 12, after "section" insert "and section 609.66, subdivision 3,"
1.19Page 2, after line 7, insert:

1.20    "Sec. .... [624.7133] TRANSFERS BY UNLICENSED PERSONS;
1.21BACKGROUND CHECK REQUIRED.
1.22    Subdivision 1. Definitions. (a) As used in this section, the following terms have
1.23the meanings given them.
1.24(b) "Federally licensed firearms dealer" means a person who holds a license under
1.25United States Code, title 18, section 923(a).
2.1(c) "Transferee" means an unlicensed person who wishes or intends to receive a
2.2firearm from another unlicensed person.
2.3(d) "Transferor" means an unlicensed person who wishes or intends to transfer a
2.4firearm to another unlicensed person.
2.5(e) "Unlicensed person" means a person who does not hold a license under United
2.6States Code, title 18, section 923(a).
2.7    Subd. 2. Background check required. Except as provided in this section, a
2.8transferor shall not transfer a firearm to a transferee unless he or she first complies with
2.9this section.
2.10    Subd. 3. Federally licensed firearms dealer. The transferor and transferee shall
2.11appear jointly before a federally licensed firearms dealer with the firearm and request that
2.12the federally licensed firearms dealer conduct a background check on the transferee.
2.13    Subd. 4. Compliance with law. A federally licensed firearms dealer who agrees to
2.14facilitate a transfer pursuant to this section shall comply with all requirements of federal
2.15and state law as though the federally licensed firearms dealer were selling or transferring
2.16the firearm from his or her own inventory to the transferee, except as otherwise provided
2.17in this section. The transferor may remove the firearm from the business premises of the
2.18federally licensed firearms dealer while the background check is being conducted, but then
2.19must return to such business premises with the transferee once the background check is
2.20completed and prior to completing the sale or transfer.
2.21    Subd. 5. Transfer prohibited. If the transferee is prohibited by federal law from
2.22purchasing or possessing the firearm, or not entitled under state law to possess the firearm,
2.23the federally licensed firearms dealer shall return the firearm to the transferor and the
2.24transferor shall not transfer the firearm to the transferee.
2.25    Subd. 6. Dealer fee. A federally licensed firearms dealer may charge a reasonable
2.26fee for conducting a criminal background check and facilitating a transfer between the
2.27transferor and transferee pursuant to this section.
2.28    Subd. 7. Exclusions. This section shall not apply to the following transfers:
2.29(1) a transfer by or to any law enforcement agency and, to the extent he or she is
2.30acting within the course and scope of his or her employment and official duties, any law
2.31enforcement officer, security guard employed by a protective agent licensed pursuant as
2.32provided in chapter 326, or member of the armed forces;
2.33(2) a transfer between immediate family members, which for the purposes
2.34of this section means spouses, domestic partners, parents, step-parents, children,
2.35step-children, siblings, step-siblings, grandparents, step-grandparents, grandchildren,
2.36and step-grandchildren;
3.1(3) a transfer to an executor, administrator, trustee, or personal representative of
3.2an estate or a trust that occurs by operation of law upon the death of the former owner
3.3of the firearm;
3.4(4) a temporary transfer to a transferee who is not prohibited by federal law from
3.5purchasing or possessing firearms, and entitled under state law to possess firearms, if
3.6such transfer:
3.7(i) is necessary to prevent imminent death or great bodily harm; and
3.8(ii) lasts only as long as immediately necessary to prevent such imminent death
3.9or great bodily harm; and
3.10(5) a temporary transfer to a transferee who is not prohibited by federal law from
3.11buying or possessing firearms, and entitled under state law to possess firearms, if the
3.12transferor has no reason to believe that the transferee will use or intends to use the firearm
3.13in the commission of a crime and such transfer occurs and the transferee's possession of
3.14the firearm following the transfer is exclusively:
3.15(i) at a shooting range or other area designed and built for the purpose of target
3.16shooting;
3.17(ii) while hunting or trapping if the hunting or trapping is legal in all places where
3.18the transferee possesses the firearm and the transferee holds all licenses or permits
3.19required for such hunting or trapping; or
3.20(iii) while in the presence of the transferor."