HF 722

as introduced - 89th Legislature (2015 - 2016) Posted on 04/17/2015 11:05am

A bill for an act
relating to public safety; clarifying and delimiting the authority of public officials
to disarm individuals at any time; proposing coding for new law in Minnesota
Statutes, chapter 624.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [624.7192] AUTHORITY TO SEIZE AND CONFISCATE FIREARMS.
new text end

new text begin (a) This section applies only during the effective period of a state of emergency
proclaimed by the governor relating to a public disorder or disaster.
new text end

new text begin (b) A peace officer who is acting in the lawful discharge of the officer's official duties
without a warrant may disarm a lawfully detained individual only temporarily and only if
the officer reasonably believes it is immediately necessary for the protection of the officer
or another individual. Before releasing the individual, the peace officer must return to the
individual any seized firearms and ammunition, and components thereof, any firearms
accessories and ammunition reloading equipment and supplies, and any other personal
weapons taken from the individual, unless the officer: (1) takes the individual into
physical custody for engaging in criminal activity or for observation pursuant to section
253B.05, subdivision 2; or (2) seizes the items as evidence pursuant to an investigation for
the commission of the crime for which the individual was arrested.
new text end

new text begin (c) Notwithstanding any other law to the contrary, no governmental unit, government
official, government employee, peace officer, or other person or body acting under
governmental authority or color of law may undertake any of the following actions with
regard to any firearms and ammunition, and components thereof; any firearms accessories
and ammunition reloading equipment and supplies; and any other personal weapons:
new text end

new text begin (1) prohibit, regulate, or curtail the otherwise lawful possession, carrying,
transportation, transfer, defensive use, or other lawful use of any of these items;
new text end

new text begin (2) seize, commandeer, or confiscate any of these items in any manner, except as
expressly authorized in paragraph (b);
new text end

new text begin (3) suspend or revoke a valid permit issued pursuant to section 624.7131 or 624.714,
except as expressly authorized in those sections; or
new text end

new text begin (4) close or limit the operating hours of businesses that lawfully sell or service any
of these items, unless such closing or limitation of hours applies equally to all forms
of commerce.
new text end

new text begin (d) No provision of law relating to a public disorder or disaster emergency
proclamation by the governor or any other governmental or quasi-governmental official,
including but not limited to emergency management powers pursuant to chapters 9
and 12, shall be construed as authorizing the governor or any other governmental or
quasi-governmental official of this state or any of its political subdivisions acting at
the direction of the governor or another official to act in violation of this paragraph
or paragraphs (b) and (c).
new text end

new text begin (e)(1) An individual aggrieved by a violation of this section may seek relief in an
action at law or in equity or in any other proper proceeding for damages, injunctive relief,
or other appropriate redress against a person who commits or causes the commission of
this violation. Venue must be in the district court having jurisdiction over the county in
which the aggrieved individual resides or in which the violation occurred.
new text end

new text begin (2) In addition to any other remedy available at law or in equity, an individual
aggrieved by the seizure or confiscation of an item listed in paragraph (c) in violation of
this section may make application for the immediate return of the items to the office of the
clerk of court for the county in which the items were seized and, except as provided in
paragraph (b), the court must order the immediate return of the items by the seizing or
confiscating governmental office and that office's employed officials.
new text end

new text begin (3) In an action or proceeding to enforce this section, the court must award the
prevailing plaintiff reasonable court costs and expenses, including attorney fees.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015.
new text end