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HF 1265

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/17/2021 01:37pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; establishing the second amendment preservation act;
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 [624.7111] SECOND AMENDMENT PRESERVATION ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Title. new text end

new text begin Sections 624.7111 to 624.7118 shall be known as the "Second
Amendment Preservation Act."
new text end

new text begin Subd. 2. new text end

new text begin Declaration of policy. new text end

new text begin The legislature finds and declares that:
new text end

new text begin (1) the legislature of the state of Minnesota is firmly resolved to support and defend the
Constitution of the United States against every aggression, whether foreign or domestic,
and is duty bound to oppose every infraction of those principles that constitute the basis of
the Union of the States because only a faithful observance of those principles can secure
the union's existence and the public happiness;
new text end

new text begin (2) acting through the Constitution of the United States, the people of the several states
created the federal government to be their agent in the exercise of a few defined powers,
while reserving for the state governments the power to legislate on matters concerning the
lives, liberties, and properties of citizens in the ordinary course of affairs;
new text end

new text begin (3) the limitation of the federal government's power is affirmed under Amendment X
of the Constitution of the United States, which defines the total scope of federal power as
being that which has been delegated by the people of the several states to the federal
government, and all power not delegated to the federal government in the Constitution of
the United States is reserved to the states respectively or to the people themselves;
new text end

new text begin (4) if the federal government assumes powers that the people did not grant it in the
Constitution of the United States, its acts are unauthoritative, void, and of no force;
new text end

new text begin (5) the several states of the United States respect the proper role of the federal government
but reject the proposition that such respect requires unlimited submission. If the government,
created by a compact among the states, was the exclusive or final judge of the extent of the
powers granted to it by the states through the Constitution of the United States, the federal
government's discretion, and not the Constitution of the United States, would necessarily
become the measure of those powers. To the contrary, as in all other cases of compacts
among powers having no common judge, each party has an equal right to judge for itself
as to whether infractions of the compact have occurred, as well as to determine the mode
and measure of redress. Although the several states have granted supremacy to laws and
treaties made under the powers granted in the Constitution of the United States, such
supremacy does not extend to various federal statutes, executive orders, administrative
orders, court orders, rules, regulations, or other actions which collect data or restrict or
prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition
exclusively within the borders of Minnesota; such statutes, executive orders, administrative
orders, court orders, rules, regulations, and other actions exceed the powers granted to the
federal government except to the extent they are necessary and proper for governing and
regulating the United States Armed Forces or for organizing, arming, and disciplining militia
forces actively employed in the service of the United States Armed Forces;
new text end

new text begin (6) the people of the several states have given Congress the power "to regulate commerce
with foreign nations, and among the several states", but "regulating commerce" does not
include the power to limit citizens' right to keep and bear arms in defense of their families,
neighbors, persons, or property, or to dictate what sort of arms and accessories law-abiding
Minnesotans may buy, sell, exchange, or otherwise possess within the borders of this state;
new text end

new text begin (7) the people of the several states have also granted Congress the power "to lay and
collect taxes, duties, imports, and excises, to pay the debts, and provide for the common
defense and general welfare of the United States" and "to make all laws which shall be
necessary and proper for carrying into execution the powers vested by the Constitution of
the United States in the government of the United States, or in any department or office
thereof." These constitutional provisions merely identify the means by which the federal
government may execute its limited powers and shall not be construed to grant unlimited
power because to do so would be to destroy the carefully constructed equilibrium between
the federal and state governments. Consequently, the legislature rejects any claim that the
taxing and spending powers of Congress may be used to diminish in any way the right of
the people to keep and bear arms;
new text end

new text begin (8) the people of Minnesota have vested the legislature with the authority to regulate
the manufacture, possession, exchange, and use of firearms within the borders of this state,
subject only to the limits imposed by Amendment II of the Constitution of the United States
and the Constitution of Minnesota; and
new text end

new text begin (9) the legislature of the state of Minnesota strongly promotes responsible gun ownership,
including parental supervision of minors in the proper use, storage, and ownership of all
firearms; the prompt reporting of stolen firearms; and the proper enforcement of all state
gun laws. The legislature of the state of Minnesota hereby condemns any unlawful transfer
of firearms and the use of any firearm in any criminal or unlawful activity.
new text end

Sec. 2.

new text begin [624.7112] FEDERAL INFRINGEMENT ON SECOND AMENDMENT
RIGHTS.
new text end

new text begin The following federal acts, laws, executive orders, administrative orders, court orders,
rules, and regulations shall be considered infringements on the people's right to keep and
bear arms, as guaranteed by Amendment II of the Constitution of the United States, within
the borders of this state including but not limited to:
new text end

new text begin (1) any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition
not common to all other goods and services and that might reasonably be expected to create
a chilling effect on the purchase or ownership of those items by law-abiding citizens;
new text end

new text begin (2) any registering or tracking of firearms, firearm accessories, or ammunition that might
reasonably be expected to create a chilling effect on the purchase or ownership of those
items by law-abiding citizens;
new text end

new text begin (3) any registering or tracking of the owners of firearms, firearm accessories, or
ammunition that might reasonably be expected to create a chilling effect on the purchase
or ownership of those items by law-abiding citizens;
new text end

new text begin (4) any act forbidding the possession, ownership, or use or transfer of a firearm, firearm
accessory, or ammunition by law-abiding citizens; and
new text end

new text begin (5) any act ordering the confiscation of firearms, firearm accessories, or ammunition
from law-abiding citizens.
new text end

Sec. 3.

new text begin [624.7113] FEDERAL ACTS UNENFORCEABLE.
new text end

new text begin All federal acts, laws, executive orders, administrative orders, court orders, rules, and
regulations, regardless if enacted before or after the provisions of sections 624.7111 to
624.7118, that infringe on the people's right to keep and bear arms as guaranteed by
Amendment II of the Constitution of the United States shall be invalid in this state, shall
not be recognized by this state, shall be specifically rejected by this state, and shall be
considered null, void, and of no effect in this state.
new text end

Sec. 4.

new text begin [624.7114] DUTY TO PROTECT THE RIGHTS OF LAW-ABIDING
CITIZENS.
new text end

new text begin It shall be the duty of the courts and law enforcement agencies of this state to protect
the rights of law-abiding citizens to keep and bear arms within the borders of this state and
to protect these rights from the infringements defined under section 624.7112.
new text end

Sec. 5.

new text begin [624.7115] BAR TO LOCAL ENFORCEMENT OF UNCONSTITUTIONAL
FEDERAL DIRECTIVES.
new text end

new text begin (a) No person, including any public officer or employee of this state or any political
subdivision of this state, shall have the authority to enforce or attempt to enforce any federal
acts, laws, executive orders, administrative orders, court orders, rules, regulations, statutes,
or ordinances infringing on the right to keep and bear arms as described under section
624.7111.
new text end

new text begin (b) Any entity or person who acts knowingly to violate the provisions of this section or
otherwise knowingly deprives a citizen of Minnesota of the rights or privileges ensured by
Amendment II of the Constitution of the United States, while acting under the color of any
state or federal law, shall be liable to the injured party in a civil action or other proper
proceeding for redress. In such actions, the court may award the prevailing party, other than
the state of Minnesota or any political subdivision of the state, reasonable attorney fees and
costs. Sovereign, official, or qualified immunity shall not be an affirmative defense in such
actions.
new text end

Sec. 6.

new text begin [624.7116] BAR TO SERVICE AS LAW ENFORCEMENT OFFICER.
new text end

new text begin (a) Any person acting as an official, agent, employee, or deputy of the government of
the United States, or otherwise acting under the color of federal law within the borders of
this state, who knowingly:
new text end

new text begin (1) enforces or attempts to enforce any of the infringements identified in section 624.1112;
or
new text end

new text begin (2) gives material aid and support to the efforts of others who enforce or attempt to
enforce any of the infringements identified in section 624.7112 shall be permanently
ineligible to serve as a law enforcement officer or to supervise law enforcement officers for
the state or any political subdivision of the state.
new text end

new text begin (b) Neither the state nor any political subdivision of the state shall employ as a law
enforcement officer or supervisor of law enforcement officers any person who is ineligible
to serve in such capacity under this section.
new text end

new text begin (c) Any person residing or conducting business in a jurisdiction who believes that a law
enforcement officer or supervisor of law enforcement officers of such jurisdiction has taken
action that would render that officer or supervisor ineligible under this section to serve in
such capacity shall have standing to pursue an action for declaratory judgment in the district
court of the county in which the action allegedly occurred with respect to the employment
eligibility of the law enforcement officer or the supervisor of law enforcement officers under
this section.
new text end

new text begin (d) If a court determines that a law enforcement officer or supervisor of law enforcement
officers has taken any action that would render the officer or supervisor ineligible to serve
in that capacity under this section:
new text end

new text begin (1) the law enforcement officer or supervisor of law enforcement officers shall
immediately be terminated from the officer's position; and
new text end

new text begin (2) the jurisdiction that had employed the ineligible law enforcement officer or supervisor
of law enforcement officers shall be required to pay the court costs and attorney fees
associated with the declaratory judgment action that resulted in the finding of ineligibility.
new text end

new text begin (e) Nothing in this section shall preclude a person's right of appeal.
new text end

Sec. 7.

new text begin [624.7117] LAW-ABIDING CITIZEN.
new text end

new text begin For the purposes of sections 624.7111 to 624.7118, "law-abiding citizen" means a person
who is not otherwise precluded under state law from possessing a firearm and shall not be
construed to include anyone who is not legally present in the United States or the state of
Minnesota.
new text end

Sec. 8.

new text begin [624.7118] SEVERABILITY.
new text end

new text begin If any provision of sections 624.7111 to 624.7118 or the application thereof to any person
or circumstance is held invalid, such determination shall not affect the provisions or
applications of sections 624.7111 to 624.7118, which may be given effect without the invalid
provision or application, and the provisions of sections 624.7111 to 624.7118 are severable.
new text end