HF 236

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; dangerous weapons; categorizing 
  1.3             tear gas compounds and electronic incapacitation 
  1.4             devices as dangerous weapons for certain purposes; 
  1.5             amending Minnesota Statutes 1996, sections 609.02, 
  1.6             subdivision 6; and 624.731, subdivision 4. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 609.02, 
  1.9   subdivision 6, is amended to read: 
  1.10     Subd. 6.  [DANGEROUS WEAPON.] "Dangerous weapon" means any 
  1.11  firearm, whether loaded or unloaded, or any device designed as a 
  1.12  weapon and capable of producing death or great bodily harm, any 
  1.13  combustible or flammable liquid or other device or 
  1.14  instrumentality that, in the manner it is used or intended to be 
  1.15  used, is calculated or likely to produce death or great bodily 
  1.16  harm, or any fire that is used to produce death or great bodily 
  1.17  harm. 
  1.18     As used in this subdivision, "flammable liquid" means any 
  1.19  liquid having a flash point below 100 degrees Fahrenheit and 
  1.20  having a vapor pressure not exceeding 40 pounds per square inch 
  1.21  (absolute) at 100 degrees Fahrenheit but does not include 
  1.22  intoxicating liquor as defined in section 340A.101.  As used in 
  1.23  this subdivision, "combustible liquid" is a liquid having a 
  1.24  flash point at or above 100 degrees Fahrenheit. 
  1.25     When used in the commission of a crime, an authorized tear 
  1.26  gas compound or an electronic incapacitation device, as those 
  2.1   terms are defined in section 624.731, subdivision 1, or tear gas 
  2.2   or a tear gas compound, constitute a dangerous weapon. 
  2.3      Sec. 2.  Minnesota Statutes 1996, section 624.731, 
  2.4   subdivision 4, is amended to read: 
  2.5      Subd. 4.  [PROHIBITED USE.] (a) No person shall knowingly, 
  2.6   or with reason to know, use tear gas, a tear gas compound, an 
  2.7   authorized tear gas compound, or an electronic incapacitation 
  2.8   device on or against a peace officer who is in the performance 
  2.9   of duties. 
  2.10     (b) No person shall use tear gas, a tear gas compound, an 
  2.11  authorized tear gas compound, or an electronic incapacitation 
  2.12  device except as authorized in subdivision 2 or 6.  
  2.13     (c) Tear gas, a tear gas compound, an authorized tear gas 
  2.14  compound, or an electronic incapacitation device shall legally 
  2.15  constitute a dangerous weapon when it is used in the commission 
  2.16  of a crime.  
  2.17     (d) No person shall use tear gas or, a tear gas compound, 
  2.18  an unauthorized tear gas compound, or an electronic 
  2.19  incapacitation device in an immobilizing concentration against 
  2.20  another person, except as otherwise permitted by subdivision 2.