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HF 3938

Owners of firearms required to have liability insurance, and homeowners' and tenants' policies required to include liability coverage for accidental discharge of firearms.

2025-2026 Regular Session Introduced by Kristin Bahner and 7 co-sponsors

Minnesota would require firearm owners to have liability insurance (min $100,000 per incident) or insurers offer such coverage, with exemptions possible via court petitions.

Author added Tabke
#firearmsanddangerousweapons #insurance #landlordsandtenants
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WeVote Research Nonpartisan
Bill Summary · HF 3938

Summary of HF 3938 (Minnesota, 2025-2026)

Main purpose and intent

HF 3938 proposes to require firearm owners in Minnesota to carry liability insurance and to require homeowners' and tenants' insurance policies to include liability coverage for accidental or unintentional firearm discharges. The bill defines the coverage requirements, sets penalties for non-compliance, and creates a process for exemptions. The effective date is October 1, 2026.

Key provisions and changes

1) Firearm liability insurance requirement

  • A Minnesota resident who owns a firearm must maintain liability insurance that covers loss or damage arising from any one incident to a third party (i.e., not the insured) resulting from an accidental or unintentional discharge.
  • Required coverage amount: at least $100,000 per incident.
  • Insurance can be maintained as part of a homeowner’s policy or as a separate policy.

2) Ownership and control provisions

  • The bill treats a firearm owner as the owner of a lost or stolen firearm until the loss or theft is reported to law enforcement.

3) Insurers and availability

  • Insurance providers offering homeowner’s insurance in Minnesota must make available at least one form or rider that provides the required firearm liability coverage.

4) Evidence of compliance

  • Proof of coverage is demonstrated by an insurance policy declaration page showing coverage. A declaration page or digital policy with the insured’s name, coverage, and dates constitutes prima facie evidence of compliance. Failure to provide such documentation can be used as evidence of non-compliance.

5) Penalties for non-compliance

  • First violation: petty misdemeanor with a fine up to $300. The fine can be suspended or partially waived if proof of insurance is provided within 30 days.
  • Second or subsequent conviction within five years: misdemeanor with a fine up to $1,000.

6) Exemptions and exemptions process

  • Exemptions permitted for:
    • Federal firearm licensees.
    • Individuals granted court exemptions under specified criteria.
  • How to seek exemption:
    • A resident may file a petition in their district court for an order declaring exemption.
    • Grounds for exemption include:
    • Inability to obtain insurance after two or more insurers denied coverage (that normally would offer such coverage), or
    • Inability to pay for the coverage but eligibility for court-appointed attorney in a criminal matter.
    • The court must hold a hearing, review evidence (including available grants or funding to obtain coverage), and may grant an exemption if:
    • The exemption criteria apply, and
    • The petitioner demonstrates prudent and safe firearm handling.
    • The petitioner has a gun safe or secure container and shows the location where the safe/container is permanently affixed in the home.
    • Approved exemption lasts for two years.

7) Effective date and scope

  • Effective October 1, 2026.
  • Applies to all firearm owners on or after that date.

Who is affected

  • Primary: Individuals who own firearms in Minnesota.
  • Indirectly affected: Homeowners and renters through their homeowner’s or renter’s insurance policies (through the required liability coverage for accidental firearm discharge).
  • Insurance providers: Must offer at least one form/rider that provides the required coverage.
  • Courts: Handle exemption petitions and determine eligibility for exemptions.

Procedural and timeline notes

  • Effective date: October 1, 2026.
  • Exemption decisions: Exemption orders are valid for two years.
  • Documentation: Policy declarations or equivalent digital proof required to demonstrate compliance.

This bill aims to create a financial incentive and accountability mechanism to mitigate damages from accidental firearm discharges by tying firearm ownership to mandatory liability coverage, while also providing a court-based pathway for exemptions in cases of insurance hardship.

Compiled from official sources — confirm details with the bill’s official record.

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