SF 149

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to firearms; authorizing the use of silencers 
  1.3             to muffle discharges of firearms for natural resource 
  1.4             wildlife control; amending Minnesota Statutes 2004, 
  1.5             sections 97B.031, subdivision 4; 609.66, subdivision 
  1.6             1h. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2004, section 97B.031, 
  1.9   subdivision 4, is amended to read: 
  1.10     Subd. 4.  [SILENCERS PROHIBITED.] Except as provided in 
  1.11  section 609.66, subdivision 1h, a person may not own or possess 
  1.12  a silencer for a firearm or a firearm equipped to have a 
  1.13  silencer attached.  
  1.14     Sec. 2.  Minnesota Statutes 2004, section 609.66, 
  1.15  subdivision 1h, is amended to read: 
  1.16     Subd. 1h.  [SILENCERS; AUTHORIZED FOR LAW ENFORCEMENT AND 
  1.17  WILDLIFE CONTROL PURPOSES.] (a) Notwithstanding subdivision 1a, 
  1.18  paragraph (a), clause (1), licensed peace officers may use 
  1.19  devices designed to silence or muffle the discharge of a firearm 
  1.20  for tactical emergency response operations.  Tactical emergency 
  1.21  response operations include execution of high risk search and 
  1.22  arrest warrants, incidents of terrorism, hostage rescue, and any 
  1.23  other tactical deployments involving high risk circumstances.  
  1.24  The chief law enforcement officer of a law enforcement agency 
  1.25  that has the need to use silencing devices must establish and 
  1.26  enforce a written policy governing the use of the devices. 
  2.1      (b) Notwithstanding subdivision 1a, paragraph (a), clause 
  2.2   (1), an enforcement officer, as defined in section 97A.015, 
  2.3   subdivision 18, who is a licensed peace officer, at specific 
  2.4   times and locations that are authorized by the commissioner of 
  2.5   natural resources may use devices designed to silence or muffle 
  2.6   the discharge of a firearm for wildlife control operations that 
  2.7   require stealth.  If the commissioner determines that the use of 
  2.8   silencing devices is necessary under this paragraph, the 
  2.9   commissioner must: 
  2.10     (1) establish and enforce a written policy governing the 
  2.11  use, possession, and transportation of the devices; 
  2.12     (2) limit the number of the silencing devices maintained by 
  2.13  the Department of Natural Resources to ten; and 
  2.14     (3) keep direct custody and control of the devices when the 
  2.15  devices are not specifically authorized for use.