HF 614

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to firearms; authorizing procedures for the 
  1.3             possession of firearms silencer and muffling devices 
  1.4             by certain persons and entities; providing that the 
  1.5             commissioner of corrections may authorize certain 
  1.6             correctional officers to carry firearms; amending 
  1.7             Minnesota Statutes 1996, sections 609.66, subdivision 
  1.8             2, and by adding subdivisions; and 609.67, subdivision 
  1.9             4; proposing coding for new law in Minnesota Statutes, 
  1.10            chapter 243. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  [243.27] [CORRECTIONAL OFFICERS; AUTHORITY TO 
  1.13  CARRY FIREARMS.] 
  1.14     Subdivision 1.  [AUTHORITY.] The commissioner may authorize 
  1.15  a state correctional officer who is not assigned to a state 
  1.16  correctional facility to carry a firearm when the commissioner 
  1.17  deems it necessary to the discharge of the officer's official 
  1.18  duties, including, but not limited to, the transporting of 
  1.19  inmates between correctional facilities or for the purpose of 
  1.20  obtaining medical care and the apprehension of parole or 
  1.21  supervised release violators.  This authority is in addition to 
  1.22  the authority of correctional officers to carry pistols that is 
  1.23  granted by section 624.714.  
  1.24     Subd. 2.  [DEADLY FORCE POLICY AND TRAINING.] (a) The 
  1.25  commissioner shall establish and enforce a written policy 
  1.26  governing the use of force, including deadly force, as defined 
  1.27  in section 609.066, by correctional officers who are authorized 
  1.28  to carry a firearm under subdivision 1 or section 624.714.  The 
  2.1   policy must be consistent with the provisions of section 
  2.2   609.066, subdivision 2, and may not prohibit the use of deadly 
  2.3   force under circumstances in which that force is justified under 
  2.4   section 609.066, subdivision 2. 
  2.5      (b) The commissioner shall provide instruction on the use 
  2.6   of force, deadly force, and the use of firearms to every 
  2.7   correctional officer who is authorized to carry a firearm under 
  2.8   subdivision 1 or section 624.714.  This instruction must occur 
  2.9   before the commissioner authorizes the officer to carry a 
  2.10  firearm in the course of employment and must be repeated at 
  2.11  least annually thereafter.  The instruction must be based on the 
  2.12  agency's written policy required in paragraph (a) and on the 
  2.13  instructional materials required by the peace officer standards 
  2.14  and training board for peace officer licensure. 
  2.15     Subd. 3.  [NOTICE TO LOCAL LAW ENFORCEMENT AGENCY.] Before 
  2.16  a state correctional officer who is carrying a firearm enters a 
  2.17  local jurisdiction in order to apprehend a parole or supervised 
  2.18  release violator, the officer shall make a reasonable effort to 
  2.19  notify the local law enforcement agency in the municipality or 
  2.20  county in which the apprehension will be made. 
  2.21     Sec. 2.  Minnesota Statutes 1996, section 609.66, 
  2.22  subdivision 2, is amended to read: 
  2.23     Subd. 2.  [EXCEPTIONS.] Nothing in this section prohibits 
  2.24  the possession of the articles mentioned by (a) The following 
  2.25  persons or entities may own or possess the articles described in 
  2.26  this section: 
  2.27     (1) museums; or 
  2.28     (2) collectors of art or for other lawful purposes of 
  2.29  public exhibition.  
  2.30     (b) The following persons or entities may own or possess 
  2.31  devices designed to silence or muffle the discharge of a 
  2.32  firearm, provided the provisions of subdivision 3 are met: 
  2.33     (1) heads of law enforcement agencies, as defined in 
  2.34  section 626.84, subdivision 1, and other law enforcement 
  2.35  officers authorized by the agency head for use in the course of 
  2.36  their duties; 
  3.1      (2) dealers and manufacturers who are federally licensed to 
  3.2   buy, sell, or manufacture silencer or muffling devices and who 
  3.3   either use the devices in peace officer training under courses 
  3.4   approved by the board of peace officer standards and training, 
  3.5   or are engaged in the sale of the devices to federal and state 
  3.6   agencies and political subdivisions; and 
  3.7      (3) members of the armed forces of either the United States 
  3.8   or the state of Minnesota for use in the course of their duties. 
  3.9      Sec. 3.  Minnesota Statutes 1996, section 609.66, is 
  3.10  amended by adding a subdivision to read: 
  3.11     Subd. 3.  [REPORT REQUIRED.] (a) A person owning or 
  3.12  possessing a silencer or muffling device as authorized by 
  3.13  subdivision 2, paragraph (b), clause (1) or (2), shall, within 
  3.14  ten days after acquiring or transferring ownership or 
  3.15  possession, file a written report with the bureau of criminal 
  3.16  apprehension showing the person's name and address; the person's 
  3.17  official title and position, if any; a description of the device 
  3.18  sufficient to enable identification of it; the purpose for which 
  3.19  it is owned or possessed; and such further information as the 
  3.20  bureau may reasonably require.  The report shall include a copy 
  3.21  of any forms filed with the federal Bureau of Alcohol, Tobacco, 
  3.22  and Firearms relating to the registration of the device. 
  3.23     (b) A dealer or manufacturer who owns or possesses a 
  3.24  silencer or muffling device as authorized by subdivision 2, 
  3.25  paragraph (b), clause (2), shall, within ten days of receiving 
  3.26  proof of continuing status as a federally licensed dealer or 
  3.27  manufacturer from the federal Bureau of Alcohol, Tobacco, and 
  3.28  Firearms, file a copy of the proof with the bureau of criminal 
  3.29  apprehension. 
  3.30     Sec. 4.  Minnesota Statutes 1996, section 609.66, is 
  3.31  amended by adding a subdivision to read: 
  3.32     Subd. 4.  [LIMITATION OF SCOPE.] Nothing in this section 
  3.33  prohibits the transfer of the articles mentioned in this section 
  3.34  by persons who: 
  3.35     (1) lawfully own or possess the articles; or 
  3.36     (2) own or possess the articles by bequest or by intestate 
  4.1   succession and transfer them to a person who may lawfully own or 
  4.2   possess the articles. 
  4.3      Sec. 5.  Minnesota Statutes 1996, section 609.67, 
  4.4   subdivision 4, is amended to read: 
  4.5      Subd. 4.  [REPORT REQUIRED.] (a) A person owning or 
  4.6   possessing a machine gun or short-barreled shotgun as authorized 
  4.7   by subdivision 3, clause (1), (2), (3), or (4) shall, within ten 
  4.8   days after acquiring such ownership or possession, file a 
  4.9   written report with the bureau of criminal apprehension, showing 
  4.10  the person's name and address; the person's official title and 
  4.11  position, if any; a description of the machine gun or 
  4.12  short-barreled shotgun sufficient to enable identification 
  4.13  thereof; the purpose for which it is owned or possessed; and 
  4.14  such further information as the bureau may reasonably require. 
  4.15     (b) A dealer or manufacturer owning or having a machine gun 
  4.16  or short-barreled shotgun as authorized by subdivision 3, clause 
  4.17  (5) shall, by the tenth day of each month, file a written report 
  4.18  with the bureau of criminal apprehension showing the name and 
  4.19  address of the dealer or manufacturer and the serial number of 
  4.20  each machine gun or short-barreled shotgun acquired or 
  4.21  manufactured during the previous month. 
  4.22     (c) A dealer or manufacturer owning or having a machine gun 
  4.23  or short-barreled shotgun as authorized by subdivision 3, clause 
  4.24  (5), shall, within ten days of receiving proof of continuing 
  4.25  status as a federally licensed firearms dealer from the federal 
  4.26  Bureau of Alcohol, Tobacco, and Firearms, file proof of this 
  4.27  status with the bureau of criminal apprehension. 
  4.28     Sec. 6.  [EFFECTIVE DATE.] 
  4.29     Sections 1 to 5 are effective August 1, 1997, and apply to 
  4.30  crimes committed on or after that date.