HF 3954

as introduced - 90th Legislature (2017 - 2018) Posted on 03/19/2018 03:01pm

A bill for an act
relating to public safety; prohibiting the transfer of semiautomatic military-style
assault weapons; establishing a semiautomatic military-style assault weapon
buyback program; providing criminal penalties; appropriating money; amending
Minnesota Statutes 2016, section 624.712, subdivision 7; proposing coding for
new law in Minnesota Statutes, chapter 624.

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

Section 1.

Minnesota Statutes 2016, section 624.712, subdivision 7, is amended to read:

Subd. 7.

Semiautomatic military-style assault weapon.

new text begin (a) new text end "Semiautomatic
military-style assault weapon" means new text begin any new text end :

deleted text begin (1) any of the following firearms:
deleted text end

deleted text begin (i) Avtomat Kalashnikov (AK-47) semiautomatic rifle type;
deleted text end

deleted text begin (ii) Beretta AR-70 and BM-59 semiautomatic rifle types;
deleted text end

deleted text begin (iii) Colt AR-15 semiautomatic rifle type;
deleted text end

deleted text begin (iv) Daewoo Max-1 and Max-2 semiautomatic rifle types;
deleted text end

deleted text begin (v) Famas MAS semiautomatic rifle type;
deleted text end

deleted text begin (vi) Fabrique Nationale FN-LAR and FN-FNC semiautomatic rifle types;
deleted text end

deleted text begin (vii) Galil semiautomatic rifle type;
deleted text end

deleted text begin (viii) Heckler & Koch HK-91, HK-93, and HK-94 semiautomatic rifle types;
deleted text end

deleted text begin (ix) Ingram MAC-10 and MAC-11 semiautomatic pistol and carbine types;
deleted text end

deleted text begin (x) Intratec TEC-9 semiautomatic pistol type;
deleted text end

deleted text begin (xi) Sigarms SIG 550SP and SIG 551SP semiautomatic rifle types;
deleted text end

deleted text begin (xii) SKS with detachable magazine semiautomatic rifle type;
deleted text end

deleted text begin (xiii) Steyr AUG semiautomatic rifle type;
deleted text end

deleted text begin (xiv) Street Sweeper and Striker-12 revolving-cylinder shotgun types;
deleted text end

deleted text begin (xv) USAS-12 semiautomatic shotgun type;
deleted text end

deleted text begin (xvi) Uzi semiautomatic pistol and carbine types; or
deleted text end

deleted text begin (xvii) Valmet M76 and M78 semiautomatic rifle types;
deleted text end

deleted text begin (2) any firearm that is another model made by the same manufacturer as one of the
firearms listed in clause (1), and has the same action design as one of the listed firearms,
and is a redesigned, renamed, or renumbered version of one of the firearms listed in clause
(1), or has a slight modification or enhancement, including but not limited to a folding or
retractable stock; adjustable sight; case deflector for left-handed shooters; shorter barrel;
wooden, plastic, or metal stock; larger clip size; different caliber; or a bayonet mount; and
deleted text end

deleted text begin (3) any firearm that has been manufactured or sold by another company under a licensing
agreement with a manufacturer of one of the firearms listed in clause (1) entered into after
the effective date of Laws 1993, chapter 326, to manufacture or sell firearms that are identical
or nearly identical to those listed in clause (1), or described in clause (2), regardless of the
company of production or country of origin.
deleted text end

deleted text begin The weapons listed in clause (1), except those listed in items (iii), (ix), (x), (xiv), and
(xv), are the weapons the importation of which was barred by the Bureau of Alcohol,
Tobacco, and Firearms of the United States Department of the Treasury in July 1989.
deleted text end

deleted text begin Except as otherwise specifically provided in paragraph (d), a firearm is not a
"semiautomatic military-style assault weapon" if it is generally recognized as particularly
suitable for or readily adaptable to sporting purposes under United States Code, title 18,
section 925, paragraph (d)(3), or any regulations adopted pursuant to that law.
deleted text end

new text begin (1) semiautomatic rifle that has the capacity to accept a detachable magazine and has at
least two of the following:
new text end

new text begin (i) a pistol grip;
new text end

new text begin (ii) any feature capable of functioning as a protruding grip that can be held by the
nontrigger hand;
new text end

new text begin (iii) a folding or telescoping stock;
new text end

new text begin (iv) a shroud attached to the barrel or that partially or completely encircles the barrel
allowing the bearer to hold the firearm with the nontrigger hand without being burned, but
excluding a slide that encloses the barrel;
new text end

new text begin (v) a bayonet mount;
new text end

new text begin (vi) a flash suppressor or threaded barrel designed to accommodate a flash suppressor;
or
new text end

new text begin (vii) a grenade launcher;
new text end

new text begin (2) semiautomatic pistol that has the capacity to accept a detachable magazine and has
two or more of the following:
new text end

new text begin (i) any feature capable of functioning as a protruding grip that can be held by the
nontrigger hand;
new text end

new text begin (ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward
handgrip, or silencer;
new text end

new text begin (iii) a shroud attached to the barrel or that partially or completely encircles the barrel
allowing the bearer to hold the firearm with the nontrigger hand without being burned, but
excluding a slide that encloses the barrel;
new text end

new text begin (iv) the capacity to accept a detachable magazine at any location outside of the pistol
grip;
new text end

new text begin (v) a manufactured weight of 50 ounces or more when the pistol is unloaded; or
new text end

new text begin (vi) a semiautomatic version of an automatic firearm;
new text end

new text begin (3) semiautomatic shotgun that has two or more of the following:
new text end

new text begin (i) a pistol grip;
new text end

new text begin (ii) any feature capable of functioning as a protruding grip that can be held by the
nontrigger hand;
new text end

new text begin (iii) a folding or telescoping stock;
new text end

new text begin (iv) a fixed magazine capacity in excess of seven rounds; or
new text end

new text begin (v) an ability to accept a detachable magazine; or
new text end

new text begin (4) conversion kit, part, or combination of parts from which a semiautomatic military-style
assault weapon can be assembled if those parts are in the possession or under the control
of the same person.
new text end

new text begin (b) Semiautomatic military-style assault weapon does not include any firearm that has
been made permanently inoperable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

new text begin [624.7134] TRANSFER OF SEMIAUTOMATIC MILITARY-STYLE
ASSAULT WEAPONS PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibition. new text end

new text begin It is unlawful to transfer a semiautomatic military-style
assault weapon.
new text end

new text begin Subd. 2. new text end

new text begin Exceptions. new text end

new text begin Subdivision 1 does not apply to:
new text end

new text begin (1) a transfer by or to any law enforcement agency or, to the extent an employee of the
agency is acting within the course and scope of employment and official duties, a peace
officer; law enforcement officer; corrections officer; member of the armed forces of the
United States, the National Guard, or the Reserves of the United States armed forces; federal
law enforcement officer; or security guard employed by a protective agent licensed pursuant
to chapter 326;
new text end

new text begin (2) a transfer between immediate family members, which for the purposes of this section
means spouses, domestic partners, parents, step-parents, children, step-children, siblings,
step-siblings, grandparents, step-grandparents, grandchildren, and step-grandchildren;
new text end

new text begin (3) a transfer to an executor, administrator, trustee, or personal representative of an estate
or a trust that occurs by operation of law upon the death of the former owner of the firearm;
new text end

new text begin (4) a transfer of an antique firearm as defined in section 624.712, subdivision 3;
new text end

new text begin (5) a transfer of a curio or relic, as defined in Code of Federal Regulations, title 27,
section 478.11, if the transfer is between collectors of firearms as curios or relics as defined
by United States Code, title 18, section 921(a)(13), who each have in their possession a
valid collector of curio and relics license issued by the United States Department of Justice,
Bureau of Alcohol, Tobacco, Firearms and Explosives;
new text end

new text begin (6) a temporary transfer to a transferee who is not prohibited by federal law from
purchasing or possessing firearms, and is entitled under state law to possess firearms, if the
transfer:
new text end

new text begin (i) is necessary to prevent imminent death or great bodily harm; and
new text end

new text begin (ii) lasts only as long as immediately necessary to prevent imminent death or great bodily
harm; and
new text end

new text begin (7) a temporary transfer if the transferor has no reason to believe that the transferee will
use or intends to use the firearm in the commission of a crime and the transfer occurs and
the transferee's possession of the firearm following the transfer is only:
new text end

new text begin (i) at a shooting range that operates in compliance with the performance standards under
chapter 87A or is a nonconforming use under section 87A.03, subdivision 2; or, if compliance
is not required by the governing body of the jurisdiction, at an established shooting range
operated consistently with local law in the jurisdiction;
new text end

new text begin (ii) at a lawfully organized competition involving the use of a firearm, or while
participating in or practicing for a performance by an organized group that uses firearms as
part of the performance;
new text end

new text begin (iii) while hunting or trapping if the hunting or trapping is legal in all places where the
transferee possesses the firearm and the transferee holds all licenses or permits required for
hunting or trapping; or
new text end

new text begin (iv) while in the actual presence of the transferor provided that any transfer under this
clause is permitted only if the transferor has no reason to believe that the transferee is
prohibited by federal law from buying or possessing firearms or not entitled under state law
to possess firearms.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin A person who violates subdivision 1 is guilty of a gross misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 3. new text begin VOLUNTARY SEMIAUTOMATIC MILITARY-STYLE ASSAULT
WEAPON BUYBACK PROGRAM.
new text end

new text begin The commissioner of public safety shall create a voluntary semiautomatic military-style
assault weapon buyback program. Reimbursements shall be issued to local law enforcement
agencies or licensed firearms dealers that elect to voluntarily buy back semiautomatic
military-style assault weapons from the public. The commissioner shall reimburse entities
that operate a voluntary buyback program only for functioning semiautomatic military-style
assault weapons. The rate of reimbursement shall be the amount the entity paid for the
weapon or the fair market value of the firearm on the effective date of section 2, whichever
is less. Nothing in this section compels the owner of a semiautomatic military-style assault
weapon to sell the owner's semiautomatic military-style assault weapon to law enforcement
or a firearms dealer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text begin APPROPRIATION; VOLUNTARY SEMIAUTOMATIC MILITARY-STYLE
ASSAULT WEAPON REIMBURSEMENT PROGRAM.
new text end

new text begin $500,000 in fiscal year 2019 is appropriated from the general fund to the commissioner
of public safety for the implementation of the voluntary semiautomatic military-style assault
weapon buyback program under section 3.
new text end