HF 1528

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; prohibiting the use, possession, or 
  1.3             sale of electronic incapacitation devices that operate 
  1.4             by means of carbon dioxide propellant; amending 
  1.5             Minnesota Statutes 1994, section 624.731, subdivisions 
  1.6             2, 3, 5, and 8. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 624.731, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [AUTHORIZED POSSESSION; USE.] (a) A person may 
  1.11  possess and use an authorized tear gas compound in the exercise 
  1.12  of reasonable force in defense of the person or the person's 
  1.13  property only if it is propelled from an aerosol container, 
  1.14  labeled with or accompanied by clearly written instructions as 
  1.15  to its use and the dangers involved in its use, and dated to 
  1.16  indicate its anticipated useful life.  
  1.17     (b) A person may possess and use an electronic 
  1.18  incapacitation device in the exercise of reasonable force in 
  1.19  defense of the person or the person's property only if the 
  1.20  electronic incapacitation device does not operate by means of 
  1.21  carbon dioxide propellant and is labeled with or accompanied by 
  1.22  clearly written instructions as to its use and the dangers 
  1.23  involved in its use.  
  1.24     Sec. 2.  Minnesota Statutes 1994, section 624.731, 
  1.25  subdivision 3, is amended to read: 
  1.26     Subd. 3.  [PROHIBITED POSSESSION; USE.] (a) No person under 
  2.1   the age of 16 may possess or use an authorized tear gas compound 
  2.2   except by written permission of a parent or guardian, and no 
  2.3   person under the age of 18 may possess or use an electronic 
  2.4   incapacitation device.  
  2.5      (b) No person prohibited from possessing a pistol pursuant 
  2.6   to section 624.713, subdivision 1, clause (b), may possess or 
  2.7   use an authorized tear gas compound or an electronic 
  2.8   incapacitation device.  
  2.9      (c) No person prohibited from possessing a pistol pursuant 
  2.10  to section 624.713, subdivision 1, clauses (c) to (e), may 
  2.11  possess or use an authorized tear gas compound or an electronic 
  2.12  incapacitation device, except that the certificate or other 
  2.13  proof required for possession of a handgun shall not apply. 
  2.14     (d) No person shall possess or use tear gas or a tear gas 
  2.15  compound other than an authorized tear gas compound.  
  2.16     (e) No person shall possess or use an electronic 
  2.17  incapacitation device that operates by means of carbon dioxide 
  2.18  propellant. 
  2.19     Sec. 3.  Minnesota Statutes 1994, section 624.731, 
  2.20  subdivision 5, is amended to read: 
  2.21     Subd. 5.  [PROHIBITED SALE.] Except as permitted by 
  2.22  subdivision 6, no person shall knowingly furnish or sell tear 
  2.23  gas or a tear gas compound to another person.  No person shall 
  2.24  knowingly furnish or sell an authorized tear gas compound or an 
  2.25  electronic incapacitation device to a person prohibited from 
  2.26  possessing it by subdivision 3.  No person shall knowingly 
  2.27  furnish or sell an authorized tear gas compound or an electronic 
  2.28  incapacitation device which fails to meet the requirements of 
  2.29  subdivision 2.  No person shall knowingly sell an electronic 
  2.30  incapacitation device that operates by means of carbon dioxide 
  2.31  propellant.  No tear gas, tear gas compound, authorized tear gas 
  2.32  compound, or electronic incapacitation device shall be sold or 
  2.33  furnished on premises where 3.2 percent malt liquor as defined 
  2.34  in section 340A.101, subdivision 19, is sold on an on-sale basis 
  2.35  or where intoxicating liquor as defined in section 340A.101, 
  2.36  subdivision 13, is sold on an on-sale or off-sale basis.  No 
  3.1   person shall sell tear gas, a tear gas compound, authorized tear 
  3.2   gas compound, or electronic incapacitation device in violation 
  3.3   of local licensing requirements.  
  3.4      Sec. 4.  Minnesota Statutes 1994, section 624.731, 
  3.5   subdivision 8, is amended to read: 
  3.6      Subd. 8.  [PENALTIES.] (a) The following violations of this 
  3.7   section shall be considered a felony:  
  3.8      (1) The possession or use of tear gas, a tear gas compound, 
  3.9   an authorized tear gas compound, or an electronic incapacitation 
  3.10  device by a person specified in subdivision 3, paragraph (b).  
  3.11     (2) Knowingly selling or furnishing of tear gas, a tear gas 
  3.12  compound, an authorized tear gas compound, or an electronic 
  3.13  incapacitation device to a person specified in subdivision 3, 
  3.14  paragraph (b). 
  3.15     (3) The use of an electronic incapacitation device as 
  3.16  prohibited in subdivision 4, paragraph (a).  
  3.17     (4) The use of tear gas or a tear gas compound as 
  3.18  prohibited in subdivision 4, paragraph (d). 
  3.19     (b) The following violation of this section shall be 
  3.20  considered a gross misdemeanor:  The prohibited use of tear gas, 
  3.21  a tear gas compound, or an authorized tear gas compound as 
  3.22  specified in subdivision 4, paragraph (a).  
  3.23     (c) The following violations of this section shall be 
  3.24  considered a misdemeanor:  
  3.25     (1) The possession or use of tear gas, a tear gas compound, 
  3.26  an authorized tear gas compound, or an electronic incapacitation 
  3.27  device which fails to meet the requirements of subdivision 2 by 
  3.28  any person except as allowed by subdivision 6.  
  3.29     (2) The possession or use of an authorized tear gas 
  3.30  compound or an electronic incapacitation device by a person 
  3.31  specified in subdivision 3, paragraph (a) or (c).  
  3.32     (3) The use of tear gas, a tear gas compound, an authorized 
  3.33  tear gas compound, or an electronic incapacitation device except 
  3.34  as allowed by subdivision 2 or 6.  
  3.35     (4) Knowingly selling or furnishing an authorized tear gas 
  3.36  compound or an electronic incapacitation device to a person 
  4.1   specified in subdivision 3, paragraph (a) or (c).  
  4.2      (5) Selling or furnishing of tear gas or a tear gas 
  4.3   compound other than an authorized tear gas compound, or an 
  4.4   electronic incapacitation device that operates by means of 
  4.5   carbon dioxide propellant, to any person except as allowed by 
  4.6   subdivision 6.  
  4.7      (6) Selling or furnishing of an authorized tear gas 
  4.8   compound or an electronic incapacitation device on premises 
  4.9   where intoxicating liquor is sold on an on-sale or off-sale 
  4.10  basis or where 3.2 percent malt liquor is sold on an on-sale 
  4.11  basis.  
  4.12     (7) Selling an authorized tear gas compound or an 
  4.13  electronic incapacitation device in violation of local licensing 
  4.14  requirements.  
  4.15     Sec. 5.  [EFFECTIVE DATE.] 
  4.16     Sections 1 to 4 are effective August 1, 1995, and apply to 
  4.17  crimes committed on or after that date.