Gun policy reforms in public safety deal likely to pass Minnesota Legislature

2 key gun safety proposals make it into public safety deal at Minnesota capitol

ST. PAUL, Minn. -- A key DFL leader in the Senate says his caucus has the votes to pass a public safety package that includes two gun policy reforms that advocates for years have sought to pass the Minnesota Legislature.

Late Wednesday, a panel of House and Senate negotiators in conference committee celebrated the inclusion of universal background checks and a so-called "red flag" law in a public safety spending package, marking a significant step forward for the proposals which had faced an uncertain future much of this legislative session.

The background check bill extends those screenings to private gun transfers, not just purchases in federally licensed firearms dealers. And the "red flag" provisions authorize extreme risk protection orders, which allow a family member or law enforcement to petition a court to suspend someone's access to guns if deemed a harm to themselves or others.

"I have been getting communications on a very regular basis of people just begging us to do this," said Sen. Bonnie Westlin, DFL-Plymouth, during Wednesday's conference committee. "And I am so proud that this legislature is finally getting this done."

The Senate DFL has just a one-seat majority, and for many months there were a few Democrats who were on the fence, which threatened to derail the bills' chance of passing that chamber. But by Thursday, leaders were confident they secured the support

"I believe we have the votes," Sen. Nick Frentz, assistant majority leader, told WCCO Thursday.

First-term Sen. Judy Seeberger, DFL-Afton, said initially she had concerns about the bills and wanted to strike a balance and find a way to pass gun violence prevention while being mindful of the rights of gun owners.

She said she heard feedback from both supporters and opponents in her swing district, which includes Lake Elmo, Cottage Grove, and Hastings. Ultimately, the language of the agreement she can support.

"It was sort of a delicate dance. I think we got there in the end," Seeberger said. "I think what we're seeing is as a nation, what we're doing isn't working. And I think if we can craft some legislation that is thoughtful and careful on the issue, and even one life is saved, I think it's worth it."

"There's so much good wrapped up in this judiciary and public safety bill. I'm really, really proud of it and I'm going to be very happy to vote yes on it," she added.

Opponents of the measures were disappointed but not surprised. They argue the bills infringe on the Second Amendment and due process rights of law-abiding gun owners.

Rob Doar, vice president of the Minnesota Gun Owners Caucus, expects constitutional challenges, citing a case in New York, which also has a "red flag" law.

"Realistically, they just don't get to the root of the problem," Doar said. "The individuals who are in crisis—the individuals who are actually causing the violence—it's not the firearm that's ending the lives. It's the people and we want to address the people."

Two other Democrats who had not committed to the gun bills much of session are Sen. Grant Hauschild of Hermantown and Sen. Rob Kupec of Moorhead.

Hauschild told the CBS affiliate Northern News Now in Duluth that he intends to support it. Kupec has not said publicly how he will vote and told MPR Wednesday he was unsure.

Doar suggested that votes from Hauschild, Seeberger and Kupec could become political liabilities for them if they seek re-election.

"They have tremendously pro-gun districts, and I think they're going to be facing a lot of electoral challenges should they decide to vote for approving these measures," he said. 

Both chambers will have to pass the agreed-to public safety omnibus bill—which also includes several other provisions like retention bonuses for law enforcement and funding for the state department of corrections—again before it would go to Gov. Tim Walz's desk for signature.

That's just an up or down vote. No further changes can be made to conference committee reports when they reach the floor.  

Before the Democrats took back the reins in the Senate this year, neither of the proposals even got a hearing.

"We waited four years," said House Speaker Melissa Hortman, DFL-Brooklyn Park. "We've probably passed these measures multiple times in the Minnesota House of Representatives and finally with a DFL-led Senate will be able to get some common sense gun violence prevention measures to the governor's desk and signed into law."

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