1.1 	A bill for an act
1.2 	relating to public safety; prohibiting the possession
1.3 	of ammunition by a person under the age of 18;
1.4 	providing penalties; amending Minnesota Statutes 2004,
1.5 	section 609.66, subdivision 1.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, 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) (c):
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 permits the child to handle or use,
2.2 	outside of the parent's or guardian's presence,:a firearm or
2.3 	airgun of any kind, or ;any ammunition of the kind commonly used
2.4 	in pistols, rifles, or shotguns;or an 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) It is a crime for a person under the age of 18 to
2.9 	knowingly possess any ammunition of the kind commonly used in
2.10 	pistols, rifles, or shotguns, without the prior consent of the
2.11 	person's parent or guardian or a law enforcement officer, proper
2.12 	military authority, or authorized safety official, and if the
2.13 	person is knowingly on school property or in a public park or in
2.14 	a government building without the prior consent of the person
2.15 	responsible for administration of the school, park, or
2.16 	government building, and if knowingly on private property
2.17 	without the prior consent of the owner or lessee of that
2.18 	property, except when lawfully engaged in hunting, target
2.19 	shooting, firearm safety training, police training, military
2.20 	training, or other organized safety or educational activities.
2.21 	It is an affirmative defense to a charge under this paragraph,
2.22 	if the defendant proves by a preponderance of the evidence that
2.23 	the person had the prior consent of the proper authority as
2.24 	listed under this paragraph, or for locales and activities for
2.25 	which no authority is listed, the consent of the person's parent
2.26 	or guardian.
2.27 	(c) A person convicted under paragraph (a) or (b) may be
2.28 	sentenced as follows:
2.29 	(1) if the act was committed in a public housing zone, as
2.30 	defined in section 152.01, subdivision 19, a school zone, as
2.31 	defined in section 152.01, subdivision 14a, or a park zone, as
2.32 	defined in section 152.01, subdivision 12a, to imprisonment for
2.33 	not more than one year or to payment of a fine of not more than
2.34 	$3,000, or both; or
2.35 	(2) otherwise, including where the act was committed on
2.36 	residential premises within a zone described in clause (1) if
3.1 	the offender was at the time an owner, tenant, or invitee for a
3.2 	lawful purpose with respect to those residential premises, to
3.3 	imprisonment for not more than 90 days or to payment of a fine
3.4 	of not more than $1,000, or both.
3.5 	
EFFECTIVE DATE. This section is effective August 1, 2005,
3.6 	and applies to acts committed on or after that date.