SF 1971

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; prohibiting the possession
of ammunition by a person under the age of 18;
providing penalties; amending Minnesota Statutes 2004,
section 609.66, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 609.66,
subdivision 1, is amended to read:

Subdivision 1.

Misdemeanor and gross misdemeanor crimes.

(a) Whoever does any of the following is guilty of a crime and
may be sentenced as provided in paragraph deleted text begin (b) deleted text end new text begin (c) new text end :

(1) recklessly handles or uses a gun or other dangerous
weapon or explosive so as to endanger the safety of another; or

(2) intentionally points a gun of any kind, capable of
injuring or killing a human being and whether loaded or
unloaded, at or toward another; or

(3) manufactures or sells for any unlawful purpose any
weapon known as a slungshot or sand club; or

(4) manufactures, transfers, or possesses metal knuckles or
a switch blade knife opening automatically; or

(5) possesses any other dangerous article or substance for
the purpose of being used unlawfully as a weapon against
another; or

(6) outside of a municipality and without the parent's or
guardian's consent, furnishes a child under 14 years of age, or
as a parent or guardian permits the child to handle or use,
outside of the parent's or guardian's presence deleted text begin , deleted text end new text begin : new text end a firearm or
airgun of any kind deleted text begin , or deleted text end new text begin ; new text end any ammunition new text begin of the kind commonly used
in pistols, rifles, or shotguns; new text end or new text begin an new text end explosive.

Possession of written evidence of prior consent signed by
the minor's parent or guardian is a complete defense to a charge
under clause (6).

(b) new text begin It is a crime for a person under the age of 18 to
knowingly possess any ammunition of the kind commonly used in
pistols, rifles, or shotguns, without the prior consent of the
person's parent or guardian or a law enforcement officer, proper
military authority, or authorized safety official, and if the
person is knowingly on school property or in a public park or in
a government building without the prior consent of the person
responsible for administration of the school, park, or
government building, and if knowingly on private property
without the prior consent of the owner or lessee of that
property, except when lawfully engaged in hunting, target
shooting, firearm safety training, police training, military
training, or other organized safety or educational activities.
It is an affirmative defense to a charge under this paragraph,
if the defendant proves by a preponderance of the evidence that
the person had the prior consent of the proper authority as
listed under this paragraph, or for locales and activities for
which no authority is listed, the consent of the person's parent
or guardian.
new text end

new text begin (c) new text end A person convicted under paragraph (a) new text begin or (b) new text end may be
sentenced as follows:

(1) if the act was committed in a public housing zone, as
defined in section 152.01, subdivision 19, a school zone, as
defined in section 152.01, subdivision 14a, or a park zone, as
defined in section 152.01, subdivision 12a, to imprisonment for
not more than one year or to payment of a fine of not more than
$3,000, or both; or

(2) otherwise, including where the act was committed on
residential premises within a zone described in clause (1) if
the offender was at the time an owner, tenant, or invitee for a
lawful purpose with respect to those residential premises, to
imprisonment for not more than 90 days or to payment of a fine
of not more than $1,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to acts committed on or after that date.
new text end