A person who accepts a transferred firearm from an abusing party or offender pursuant to section 260C.201, subdivision 3 ; 518B.01, subdivision 6 ; 609.2242, subdivision 3 ; or 609.749, subdivision 8 , is guilty of a gross misdemeanor if the abusing party or offender obtains possession of the transferred firearm while the person is prohibited from possessing firearms. It is an affirmative defense to a violation of this section that the third party who accepted the transferred firearm exercised due care to ensure that the abusing party or offender could not access the firearm. The third party shall not return the firearm to the abusing party or offender until the prohibiting time period imposed under section 260C.201, subdivision 3 ; 518B.01, subdivision 6; 609.2242, subdivision 3 ; or 609.749, subdivision 8 , has expired and the abusing party or offender presents a current, valid transferee permit or passes a federal background check through the National Instant Criminal Background Check System. The third party may rely on a court order describing the length of the prohibiting time period as conclusive evidence that the prohibiting time period has expired, unless otherwise notified by the court.
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