Minnesota Senate passes new penalties for gun straw buyers, bans binary triggers

The Minnesota Senate approved stronger penalties for gun straw buyers Thursday along with a ban on binary triggers, ending weeks of uncertainty about prospects for new gun restrictions this session.

The bill passed 34 to 33 on a partisan vote with DFLers supporting it and Republicans opposed.

Sen. Heather Gustafson, DFL-Vadnais Heights, was the sponsor. A similar measure already passed the House and Gov. Tim Walz has indicated he would sign the bill. Many Republicans expressed support for the straw buyer provisions but said the binary trigger ban would lead to an unconstitutional confiscation of guns.

In her remarks, Gustafson called the bill "one more step we can take to keep our families and law enforcement safe." More than 120 people die every day from gun violence and twice as many are shot and wounded, she said. "The bill before you will save the lives of law enforcement and community members."

She cited the February shooting of three first-responders in Burnsville and the killing of an officer in Fargo in July. Gustafson said the shooters in both had binary triggers on their weapons. The devices allow one shot to be fired with the pull of a trigger and a second shot with the trigger release.

Among the Republicans who spoke in opposition was Sen. Jeff Howe of Rockville, who said the problem isn't that the laws aren't strong enough, it's that judges don't impose longer sentences. "We're just not putting felons in jail for the time they deserve," Howe said.

He and other Republicans noted that the those who legally purchased guns with binary triggers would be in violation of the law scheduled to take effect Jan. 1.

"We don't need any more laws on the books, laws that make law-abiding gun owners criminals," Howe said. "What we need is to hold prosecutors and judges accountable for the criminals that use guns in the commission of a crime."

Gustafson countered that 10 states already ban binary triggers, including Florida and Idaho. "This bill makes us all safer because it eliminates a tool that makes it easier to kill people," she said.

The vote also ended a mystery about how Sen. Grant Hauschild, DFL-Hermantown, would vote. He supported the bill. Shortly before the vote, however, he also sent word that he would not support another bill that added requirements to how guns are stored, called the safe-storage bill.

"In northern Minnesota, we are responsible gun owners and do not need an unenforceable law to tell us how to keep ourselves safe or handle our guns," Hauschild wrote.

The House has already passed the safe-storage bill, but Senate Majority Leader Erin Murphy, DFL-St. Paul, said the Senate won't take up the bill this session.

The bill that passed cracks down on straw purchases, which occur when a person legally buys a firearm on behalf of a person who is prohibited from purchasing it for themself or wants to remain anonymous. Gustafson said a "typical scenario" involves a person with a clean criminal record purchasing a gun from a licensed dealer on behalf of someone who cannot legally buy one due to a criminal record, mental illness or being underage.

Straw purchases are already illegal in Minnesota but the bill would expand the crime to include the transfer of all firearms to an ineligible person, not only the transfer of a pistol or military-style assault weapon. It would create an exception for the transfer of hunting rifles or shotguns to an eligible minor.

The bill would increase the penalty for an illegal transfer from a gross misdemeanor to a felony with a maximum sentence of two years. When the illegally transferred firearm is used in the commission of a felony within a year, a five-year penalty could be imposed.

The bill would also require the state to collect more data on gun trafficking and straw purchases.

Gustafson said the bill also acknowledges possible connections between gun violence and domestic violence. Those who were coerced or forced into buying firearms by an abusive partner could use that as a defense in court.

Sen. Zach Duckworth, R-Lakeville asked Gustafson how long owners of guns with binary triggers have before possessing them makes them a criminal. Gustafson said Jan. 1 and that she has confidence in law enforcement's ability to get the word out.

Others were more pointed. "Some of these guns are rather expensive," said Sen. Warren Limmer, R-Maple Grove. "The word confiscation comes to mind."

Limmer asked if there was a plan or appraisal process to reimburse gun owners. Gustafson said no to both.

Sen. Nathan Wesenberg, R-Little Falls, said he won't relinquish his guns. "Criminals do not obey the law. Any gun laws we make will not stop criminals," he said. "You can take all the guns away from all law-abiding citizens" and "crime will go up because we won't be able to protect ourselves."

Sen. Michael Kreun, R-Blaine, said he's not a "gun guy" but he is a "constitutional guy" and he said the binary trigger ban deprives owners of the economic use and value of their guns with the triggers.

"That is a regulatory taking and it's just as unconstitutional," Kreun said.