HF 1434

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/17/2016 04:51pm

A bill for an act
relating to firearms; repealing prohibitions on the possession and use of
suppressors; requiring chief law enforcement officers to complete federal
certifications relating to suppressors in a timely manner; providing for an appeal
process for denial of certification; amending Minnesota Statutes 2014, sections
97B.031, subdivision 4; 609.66, subdivision 1a, by adding a subdivision;
repealing Minnesota Statutes 2014, section 609.66, subdivision 1h.

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

Section 1.

Minnesota Statutes 2014, section 97B.031, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Silencers prohibited deleted text end new text begin Suppressors new text end .

deleted text begin Except as provided in section 609.66,
subdivision 1h, a person may not own or possess a silencer for a firearm or a firearm
equipped to have a silencer attached. deleted text end new text begin Nothing in this section prohibits the lawful use of a
suppressor or the possession of a firearm equipped to have a suppressor attached, as
defined in section 609.66, subdivision 1a, paragraph (c), while hunting.
new text end

Sec. 2.

Minnesota Statutes 2014, section 609.66, subdivision 1a, is amended to read:

Subd. 1a.

Felony crimes; deleted text begin silencers prohibited deleted text end new text begin suppressors new text end ; reckless discharge.

(a) deleted text begin Except as otherwise provided in subdivision 1h, deleted text end Whoever does any of the following is
guilty of a felony and may be sentenced as provided in paragraph (b):

(1) sells or has in possession deleted text begin any device designed to silence or muffle the discharge
of a firearm deleted text end new text begin a suppressor that is not lawfully possessed under federal law new text end ;

(2) intentionally discharges a firearm under circumstances that endanger the safety
of another; or

(3) recklessly discharges a firearm within a municipality.

(b) A person convicted under paragraph (a) may be sentenced as follows:

(1) if the act was a violation of paragraph (a), clause (2), or if the act was a violation
of paragraph (a), clause (1) or (3), and 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 five years or to payment of a fine of not more than $10,000, or both; or

(2) otherwise, to imprisonment for not more than two years or to payment of a fine
of not more than $5,000, or both.

new text begin (c) As used in this subdivision, "suppressor" means any device for silencing, muffling,
or diminishing the report of a portable firearm, including any combination of parts,
designed or redesigned, and intended for use in assembling or fabricating a firearm silencer
or firearm muffler, and any part intended only for use in such assembly or fabrication.
new text end

Sec. 3.

Minnesota Statutes 2014, section 609.66, is amended by adding a subdivision
to read:

new text begin Subd. 1i. new text end

new text begin Chief law enforcement officer certification; certain firearms. new text end

new text begin (a) As
used in this subdivision:
new text end

new text begin (1) "chief law enforcement officer" means any official or designee; the Bureau
of Alcohol, Tobacco, Firearms and Explosives; or any successor agency, identified by
regulation or otherwise as eligible to provide any required certification for the making
or transfer of a firearm;
new text end

new text begin (2) "certification" means the participation and assent of the chief law enforcement
officer necessary under federal law for the approval of the application to transfer or make
a firearm; and
new text end

new text begin (3) "firearm" has the meaning given in the National Firearms Act, United States
Code, title 26, section 5845(a).
new text end

new text begin (b) If a chief law enforcement officer's certification is required by federal law or
regulation for the transfer or making of a firearm, the chief law enforcement officer must,
within 15 days of receipt of a request for certification, provide the certification if the
applicant is not prohibited by law from receiving or possessing the firearm or is not the
subject of a proceeding that could result in the applicant being prohibited by law from
receiving or possessing the firearm. If the chief law enforcement officer is unable to make
a certification as required by this section, the chief law enforcement officer must provide
the applicant a written notification of the denial and the reason for the determination.
new text end

new text begin (c) In making the certification required by paragraph (b), a chief law enforcement
officer or designee may require the applicant to provide only the information that is
required by federal or state law to identify the applicant and conduct a criminal history
background check, including a check of the National Instant Criminal Background
Check System, or to determine the disposition of an arrest or proceeding relevant to the
applicant's eligibility to lawfully possess or receive a firearm. A person who possesses
a valid carry permit is presumed to be qualified to receive certification. A chief law
enforcement officer may not require access to or consent for an inspection of any private
premises as a condition of making a certification under this section.
new text end

new text begin (d) A chief law enforcement officer is not required to make any certification under
this section known to be untrue, but the officer may not refuse to provide certification based
on a generalized objection to private persons or entities making, possessing, or receiving
firearms or any certain type of firearm, the possession of which is not prohibited by law.
new text end

new text begin (e) Chief law enforcement officers and their employees who act in good faith are
immune from liability arising from any act or omission in making a certification as
required by this section.
new text end

new text begin (f) An applicant whose request for certification is denied may appeal the chief law
enforcement officer's decision to the district court that is located in the city or county in
which the applicant resides or maintains an address of record. The court must review the
chief law enforcement officer's decision to deny the certification de novo. The court must
order the chief law enforcement officer to issue the certification and award court costs and
reasonable attorney fees to the applicant, if the court finds that: (1) the applicant is not
prohibited by law from receiving or possessing the firearm; (2) the applicant is not the
subject of a proceeding that could result in a prohibition; and (3) no substantial evidence
supports the chief law enforcement officer's determination that the chief law enforcement
officer cannot truthfully make the certification.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 609.66, subdivision 1h, new text end new text begin is repealed.
new text end