HF 3578

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to firearms; modifying the prohibition 
  1.3             relating to furnishing a firearm to a minor; amending 
  1.4             Minnesota Statutes 2000, section 609.66, subdivisions 
  1.5             1, 1b. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 609.66, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [MISDEMEANOR AND GROSS MISDEMEANOR CRIMES.] 
  1.10  (a) Whoever does any of the following is guilty of a crime and 
  1.11  may be sentenced as provided in paragraph (b): 
  1.12     (1) recklessly handles or uses a gun or other dangerous 
  1.13  weapon or explosive so as to endanger the safety of another; or 
  1.14     (2) intentionally points a gun of any kind, capable of 
  1.15  injuring or killing a human being and whether loaded or 
  1.16  unloaded, at or toward another; or 
  1.17     (3) manufactures or sells for any unlawful purpose any 
  1.18  weapon known as a slungshot or sand club; or 
  1.19     (4) manufactures, transfers, or possesses metal knuckles or 
  1.20  a switch blade knife opening automatically; or 
  1.21     (5) possesses any other dangerous article or substance for 
  1.22  the purpose of being used unlawfully as a weapon against 
  1.23  another; or 
  1.24     (6) outside of a municipality and without the parent's or 
  1.25  guardian's consent, furnishes a child under 14 years of age, or 
  2.1   as a parent or guardian of a child under 14 years of age, 
  2.2   permits the child to handle or use, outside of the parent's or 
  2.3   guardian's presence, a firearm or airgun of any kind, or any 
  2.4   ammunition or explosive.  
  2.5      Possession of written evidence of prior consent signed by 
  2.6   the minor's parent or guardian is a complete defense to a charge 
  2.7   under clause (6). 
  2.8      (b) A person convicted under paragraph (a) may be sentenced 
  2.9   as follows: 
  2.10     (1) if the act was committed in a public housing zone, as 
  2.11  defined in section 152.01, subdivision 19, a school zone, as 
  2.12  defined in section 152.01, subdivision 14a, or a park zone, as 
  2.13  defined in section 152.01, subdivision 12a, to imprisonment for 
  2.14  not more than one year or to payment of a fine of not more than 
  2.15  $3,000, or both; or 
  2.16     (2) otherwise, including where the act was committed on 
  2.17  residential premises within a zone described in clause (1) if 
  2.18  the offender was at the time an owner, tenant, or invitee for a 
  2.19  lawful purpose with respect to those residential premises, to 
  2.20  imprisonment for not more than 90 days or to payment of a fine 
  2.21  of not more than $700, or both. 
  2.22     Sec. 2.  Minnesota Statutes 2000, section 609.66, 
  2.23  subdivision 1b, is amended to read: 
  2.24     Subd. 1b.  [FELONY; FURNISHING TO MINORS.] Whoever, in any 
  2.25  municipality of this state, furnishes a minor under 18 16 years 
  2.26  of age with a firearm, airgun, ammunition, or explosive without 
  2.27  the prior consent of the minor's parent or guardian or of 
  2.28  the police department of the municipality local law enforcement 
  2.29  agency is guilty of a felony and may be sentenced to 
  2.30  imprisonment for not more than ten years or to payment of a fine 
  2.31  of not more than $20,000, or both.  Possession of written 
  2.32  evidence of prior consent signed by the minor's parent or 
  2.33  guardian is a complete defense to a charge under this 
  2.34  subdivision. 
  2.35     Sec. 3.  [EFFECTIVE DATE.] 
  2.36     Sections 1 and 2 are effective August 1, 2002, and apply to 
  3.1   crimes committed on or after that date.