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HF 5006

Peace officer required to conduct testing of a person suspected of carrying a firearm while under the influence, penalty for carrying a firearm with an elevated blood alcohol concentration increased, and length of time a person is prohibited from carrying a firearm after conviction increased.

2025-2026 Regular Session Introduced by Dave Pinto

HF 5006 tightens enforcement of carrying a firearm under the influence, raises penalties by conviction history, and extends public carry prohibitions after certain convictions.

Introduction and first reading, referred to Public Safety Finance and Policy
#alcoholicbeverages #crimesandcriminals #firearmsanddangerousweapons
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Bill Summary · HF 5006

Summary of HF 5006 (2025-2026) — Minnesota

Purpose

HF 5006 aims to strengthen enforcement and penalties related to carrying a firearm while under the influence (DUI firearm context) and to increase the duration of firearm ineligibility after certain convictions. The bill modifies Minnesota Statutes 2024, section 624.7142, focusing on preliminary testing, penalties, and firearm carry prohibitions following a conviction.

Key Provisions

1) Preliminary screening and testing of a person suspected of carrying a firearm under the influence

  • The bill modifies the process for testing a person who may be violating firearm-related prohibitions:
    • A peace officer who has reason to believe the person may be violating the weapon carry prohibition may require a breath sample using a device approved by the commissioner for preliminary screening.
    • Results from the preliminary screening test are to be used to decide whether to arrest under the relevant section and whether to require chemical tests (blood, breath, or urine) under the existing statutes.
    • The preliminary test results may be used in court only to show that the test was properly required or in a civil action arising from firearm use.
    • If the person refuses the breath sample, they may be subjected to the chemical tests, consistent with section 624.7143, unless the person complies with a test to determine the presence of alcohol or a controlled substance.

2) Penalties for violations of firearm carry prohibitions

  • The bill preserves and expands penalties for violations of firearm carry prohibitions (subdivision 1, clauses (1)-(5), (4) or (6) as applicable):
    • General rule: misdemeanor for a first offense.
    • Second or subsequent violation: if the offender was previously convicted, a gross misdemeanor; with two or more previous convictions, a felony (up to 5 years in prison and/or a $10,000 fine, or both).
  • For violations specifically involving carrying a firearm with elevated blood alcohol concentration (BAC) or related circumstances:
    • A person who violates the section involving elevated BAC may be treated as a gross misdemeanor on a first offense and a felony on multiple prior offenses, subject to the same maximum penalties as above.

3) Extended firearm carry prohibitions after conviction

  • The bill adds enhanced periods during which a person is prohibited from carrying a pistol in public:
    • If convicted under the specified firearm prohibitions, the offender’s authority to carry a pistol in public is:
    • Revoked for 1 year if there are no prior convictions for violations of this section.
    • Revoked for 5 years if there is one prior conviction.
    • Revoked for the person’s lifetime if there are two or more prior convictions.
    • An additional consequence: if the offense involves a specific clause (6) or (5), related restrictions apply to the ability to carry on or about the person’s clothes or person under permit or other provisions, with corresponding suspension/revocation durations (180 days suspension/revocation and five-year reapplication ban, and longer or permanent effects for multiple prior convictions).

4) Effective date

  • The changes in Section 2 (penalties and carry prohibitions) become effective August 1, 2026, and apply to crimes committed on or after that date.

Who Is Affected

  • Individuals accused or convicted of carrying a pistol in public in violation of Minnesota’s prohibitions (including elevated BAC scenarios).
  • Offenders with prior violations of these prohibitions, as well as those subject to permit-based carry provisions.
  • Peace officers enforcing these provisions, who would administer preliminary screening tests.

Procedural/Timeline Notes

  • Effective date for enhanced penalties and prohibitions: crimes committed on or after August 1, 2026.
  • The law preserves the use of preliminary breath testing for arrest decisions and outlines limited admissibility of screening results in court.
  • Increased penalties scale with the offender’s history of convictions.

Overall, HF 5006 tightens testing procedures, raises penalties for violations related to carrying a firearm under the influence, and lengthens the ineligibility period to carry a firearm after certain convictions.

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

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