HF 70

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; authorizing law enforcement 
  1.3             agencies to sell forfeited firearms, ammunition, and 
  1.4             firearm accessories to firearms dealers; allowing 
  1.5             certain agencies to retain forfeited money for crime 
  1.6             prevention use; amending Minnesota Statutes 1998, 
  1.7             section 609.5315, subdivisions 1 and 2. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 609.5315, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [DISPOSITION.] (a) Subject to paragraph 
  1.12  (b), if the court finds under section 609.5313, 609.5314, or 
  1.13  609.5318 that the property is subject to forfeiture, it shall 
  1.14  order the appropriate agency to do one of the following: 
  1.15     (1) unless a different disposition is provided under clause 
  1.16  (3) or (4), either destroy all weapons used, firearms, 
  1.17  ammunition, and firearm accessories that the agency decides not 
  1.18  to use for law enforcement purposes under clause (6) (8), unless 
  1.19  the agency determines that there is good reason not to destroy a 
  1.20  particular item or sell them to federally licensed firearms 
  1.21  dealers, as defined in section 624.7161, subdivision 1, and 
  1.22  distribute the proceeds under subdivision 5; 
  1.23     (2) sell property that is not required to be destroyed by 
  1.24  law and is not harmful to the public and distribute the proceeds 
  1.25  under subdivision 5; 
  1.26     (3) sell antique firearms, as defined in section 624.712, 
  2.1   subdivision 3, to the public and distribute the proceeds under 
  2.2   subdivision 5; 
  2.3      (4) destroy or use for law enforcement purposes 
  2.4   semiautomatic military-style assault weapons, as defined in 
  2.5   section 624.712, subdivision 7; 
  2.6      (5) take custody of the property and remove it for 
  2.7   disposition in accordance with law; 
  2.8      (4) (6) forward the property to the federal drug 
  2.9   enforcement administration; 
  2.10     (5) (7) disburse money as provided under subdivision 5; or 
  2.11     (6) (8) keep property other than money for official use by 
  2.12  the agency and the prosecuting agency. 
  2.13     (b) Notwithstanding paragraph (a), the Hennepin or Ramsey 
  2.14  county sheriff may not sell firearms, ammunition, or firearms 
  2.15  accessories if the policy is disapproved by the applicable 
  2.16  county board. 
  2.17     Sec. 2.  Minnesota Statutes 1998, section 609.5315, 
  2.18  subdivision 2, is amended to read: 
  2.19     Subd. 2.  [DISPOSITION OF ADMINISTRATIVELY FORFEITED 
  2.20  PROPERTY.] If property is forfeited administratively under 
  2.21  section 609.5314 or 609.5318 and no demand for judicial 
  2.22  determination is made, the appropriate agency may dispose of the 
  2.23  property in any of the ways listed in subdivision 1, except that 
  2.24  the agency must destroy all forfeited weapons used, firearms, 
  2.25  ammunition, and firearm accessories that the agency decides not 
  2.26  to use for law enforcement purposes under subdivision 1, clause 
  2.27  (6).