HF 2271

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; establishing a crime for
manufacturing, transferring, or possessing certain
military-style assault weapons and large-capacity
ammunition magazines; defining terms; clarifying
language; providing criminal penalties; amending
Minnesota Statutes 2004, sections 624.712, subdivision
7, by adding subdivisions; 624.713; proposing coding
for new law in Minnesota Statutes, chapter 624.

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

Section 1.

Minnesota Statutes 2004, section 624.712,
subdivision 7, is amended to read:

Subd. 7.

deleted text begin semiautomatic deleted text end military-style assault weapon.

new text begin (a) new text end " deleted text begin Semiautomatic deleted text end Military-style assault weapon" means:

(1) any of the following firearms:

(i) Avtomat Kalashnikov (AK-47) deleted text begin semiautomatic deleted text end rifle deleted text begin type deleted text end ;

(ii) Beretta AR-70 and BM-59 deleted text begin semiautomatic rifle types
deleted text end new text begin rifles new text end ;

(iii) Colt AR-15 deleted text begin semiautomatic deleted text end rifle deleted text begin type deleted text end ;

(iv) Daewoo Max-1 and Max-2 deleted text begin semiautomatic rifle types
deleted text end new text begin rifles new text end ;

(v) Famas MAS deleted text begin semiautomatic deleted text end rifle deleted text begin type deleted text end ;

(vi) Fabrique Nationale FN-LAR and FN-FNC deleted text begin semiautomatic
rifle types deleted text end new text begin rifles new text end ;

(vii) Galil deleted text begin semiautomatic deleted text end rifle deleted text begin type deleted text end ;

(viii) Heckler & Koch HK-91, HK-93, and HK-94 deleted text begin semiautomatic
rifle types deleted text end new text begin rifles new text end ;

(ix) Ingram MAC-10 and MAC-11 deleted text begin semiautomatic deleted text end pistol and
carbine types;

(x) Intratec TEC-9 deleted text begin semiautomatic deleted text end pistol type;

(xi) Sigarms SIG 550SP and SIG 551SP deleted text begin semiautomatic rifle
types deleted text end new text begin rifles new text end ;

(xii) SKS new text begin rifle new text end with detachable magazine deleted text begin semiautomatic
rifle type deleted text end ;

(xiii) Steyr AUG deleted text begin semiautomatic deleted text end rifle deleted text begin type deleted text end ;

(xiv) Street Sweeper and Striker-12 revolving-cylinder
shotgun types;

(xv) USAS-12 deleted text begin semiautomatic deleted text end shotgun deleted text begin type deleted text end ;

(xvi) Uzi deleted text begin semiautomatic deleted text end pistol and carbine types; deleted text begin or
deleted text end

(xvii) Valmet M76 and M78 deleted text begin semiautomatic rifle types deleted text end new text begin rifles new text end ;

new text begin (xviii) any centerfire rifle that can fire a .50 BMG
cartridge; or
new text end

new text begin (xix) the FN Herstal Five-seveN pistol;
new text end

(2) any firearm that is another model made by the same
manufacturer as one of the firearms listed in clause (1), and
has the same action design as one of the listed firearms, and is
a redesigned, renamed, or renumbered version of one of the
firearms listed in clause (1), or has a slight modification or
enhancement, including but not limited to a folding or
retractable stock; adjustable sight; case deflector for
left-handed shooters; shorter barrel; wooden, plastic, or metal
stock; deleted text begin larger clip size deleted text end new text begin different magazine capacity new text end ; different
caliber; or a bayonet mount; deleted text begin and
deleted text end

(3) any firearm that has been manufactured or sold by
another company under a licensing agreement with a manufacturer
of one of the firearms listed in clause (1) entered into after
the effective date of Laws 1993, chapter 326, to manufacture or
sell firearms that are identical or nearly identical to those
listed in clause (1), or described in clause (2), regardless of
the company of production or country of origin deleted text begin . deleted text end new text begin ;
new text end

new text begin (4) a centerfire rifle that has a fixed magazine or the
capacity to accept a detachable magazine, and has any one of the
following:
new text end

new text begin (i) a pistol grip that protrudes conspicuously beneath the
action of the weapon or behind the trigger;
new text end

new text begin (ii) a thumbhole stock that functions as a pistol grip as
described in item (i);
new text end

new text begin (iii) a folding or telescoping stock;
new text end

new text begin (iv) the capacity to accept a grenade launcher or flare
launcher;
new text end

new text begin (v) the capacity to accept a flash suppressor or silencer;
new text end

new text begin (vi) a pistol grip forward of the trigger; or
new text end

new text begin (vii) an overall length of less than 26 inches;
new text end

new text begin (5) a pistol that has the capacity to accept a detachable
magazine and any one of the following:
new text end

new text begin (i) a barrel capable of accepting a flash suppressor or
silencer;
new text end

new text begin (ii) a forward or second handgrip;
new text end

new text begin (iii) a shroud that is attached to, or partially or
completely encircles, the barrel that allows the bearer to fire
the weapon without burning the bearer's hand, except a slide
that encloses the barrel; or
new text end

new text begin (iv) the capacity to accept a detachable magazine at some
location outside of the pistol grip;
new text end

new text begin (6) a pistol with a fixed magazine that has the capacity to
accept more than ten rounds;
new text end

new text begin (7) a shotgun that has a fixed magazine or the capacity to
accept a detachable magazine, and both of the following:
new text end

new text begin (i) a folding or telescoping stock; and
new text end

new text begin (ii) a thumbhole stock, vertical handgrip, or a pistol grip
that protrudes conspicuously beneath the action of the weapon or
behind the trigger; and
new text end

new text begin (8) any shotgun with a revolving cylinder.
new text end

new text begin (b) new text end The weapons listed in new text begin paragraph (a), new text end clause (1), except
those listed in new text begin paragraph (a), clause (1), new text end items (iii), (ix),
(x), (xiv), and (xv), are the weapons the importation of which
was barred by the Bureau of Alcohol, Tobacco, and Firearms of
the United States Department of the Treasury in July 1989.

new text begin (c) new text end Except as otherwise specifically provided deleted text begin in deleted text end new text begin under
United States Code, title 18, section 925, new text end paragraph (d), a
firearm is not a " deleted text begin semiautomatic deleted text end military-style assault weapon"
if it is generally recognized as particularly suitable for or
readily adaptable to sporting purposes under United States Code,
title 18, section 925, paragraph (d)(3), or any regulations
adopted pursuant to that law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 624.712, is
amended by adding a subdivision to read:

new text begin Subd. 12. new text end

new text begin Large-capacity ammunition-feeding device.
new text end

new text begin "Large-capacity ammunition-feeding device" means a magazine,
belt, drum, feed strip, clip, or similar device that has a
capacity of, or that can be readily restored or converted to
accept:
new text end

new text begin (1) for pistols, more than ten rounds of ammunition; or
new text end

new text begin (2) for rifles, more than six rounds of ammunition.
new text end

new text begin "Large-capacity ammunition-feeding device" does not include
an attached tubular device designed to accept, and capable of
operating only with, .22 caliber rimfire ammunition.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 624.712, is
amended by adding a subdivision to read:

new text begin Subd. 13. new text end

new text begin .50 bmg cartridge. new text end

new text begin ".50 BMG cartridge" means a
cartridge that is designed and intended to be fired from a
centerfire rifle if:
new text end

new text begin (1) it has an overall length of 5.54 inches from the base
to the tip of the bullet;
new text end

new text begin (2) the bullet diameter for the cartridge is from .510 inch
to, and including, .511 inch;
new text end

new text begin (3) the case base diameter for the cartridge is from .800
inch to, and including, .804 inch; and
new text end

new text begin (4) the cartridge case length is 3.91 inches.
new text end

new text begin The term also includes functionally equivalent cartridges
whose measurements vary slightly in case length and overall
length from the measurements described in clauses (1) to (4).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 624.713, is
amended to read:

624.713 CERTAIN PERSONS NOT TO HAVE PISTOLS OR
deleted text begin SEMIAUTOMATIC MILITARY-STYLE ASSAULT WEAPONS deleted text end new text begin OTHER FIREARMS new text end ;
PENALTY.

Subdivision 1.

Ineligible persons.

The following persons
shall not be entitled to possess a pistol deleted text begin or semiautomatic
military-style assault weapon deleted text end or, except for clause (a), any
other firearm:

(a) a person under the age of 18 years except that a person
under 18 may carry or possess a pistol deleted text begin or semiautomatic
military-style assault weapon deleted text end new text begin : new text end (i) in the actual presence or
under the direct supervision of the person's parent or guardian,
(ii) for the purpose of military drill under the auspices of a
legally recognized military organization and under competent
supervision, (iii) for the purpose of instruction, competition,
or target practice on a firing range approved by the chief of
police or county sheriff in whose jurisdiction the range is
located and under direct supervision; or (iv) if the person has
successfully completed a course designed to teach marksmanship
and safety with a pistol deleted text begin or semiautomatic military-style assault
weapon deleted text end and approved by the commissioner of natural resources;

(b) except as otherwise provided in clause (i), a person
who has been convicted of, or adjudicated delinquent or
convicted as an extended jurisdiction juvenile for committing,
in this state or elsewhere, a crime of violence. For purposes
of this section, crime of violence includes crimes in other
states or jurisdictions which would have been crimes of violence
as herein defined if they had been committed in this state;

(c) a person who is or has ever been confined in Minnesota
or elsewhere as a person who is mentally ill, mentally retarded,
or mentally ill and dangerous to the public, as defined in
section 253B.02, to a treatment facility, or who has ever been
found incompetent to stand trial or not guilty by reason of
mental illness, unless the person possesses a certificate of a
medical doctor or psychiatrist licensed in Minnesota, or other
satisfactory proof that the person is no longer suffering from
this disability;

(d) a person who has been convicted in Minnesota or
elsewhere of a misdemeanor or gross misdemeanor violation of
chapter 152, or a person who is or has ever been hospitalized or
committed for treatment for the habitual use of a controlled
substance or marijuana, as defined in sections 152.01 and
152.02, unless the person possesses a certificate of a medical
doctor or psychiatrist licensed in Minnesota, or other
satisfactory proof, that the person has not abused a controlled
substance or marijuana during the previous two years;

(e) a person who has been confined or committed to a
treatment facility in Minnesota or elsewhere as chemically
dependent as defined in section 253B.02, unless the person has
completed treatment. Property rights may not be abated but
access may be restricted by the courts;

(f) a peace officer who is informally admitted to a
treatment facility pursuant to section 253B.04 for chemical
dependency, unless the officer possesses a certificate from the
head of the treatment facility discharging or provisionally
discharging the officer from the treatment facility. Property
rights may not be abated but access may be restricted by the
courts;

(g) a person, including a person under the jurisdiction of
the juvenile court, who has been charged with committing a crime
of violence and has been placed in a pretrial diversion program
by the court before disposition, until the person has completed
the diversion program and the charge of committing the crime of
violence has been dismissed;

(h) except as otherwise provided in clause (i), a person
who has been convicted in another state of committing an offense
similar to the offense described in section 609.224, subdivision
3, against a family or household member or section 609.2242,
subdivision 3, unless three years have elapsed since the date of
conviction and, during that time, the person has not been
convicted of any other violation of section 609.224, subdivision
3, or 609.2242, subdivision 3, or a similar law of another
state;

(i) a person who has been convicted in this state or
elsewhere of assaulting a family or household member and who was
found by the court to have used a firearm in any way during
commission of the assault is prohibited from possessing any type
of firearm for the period determined by the sentencing court;

(j) a person who:

(1) has been convicted in any court of a crime punishable
by imprisonment for a term exceeding one year;

(2) is a fugitive from justice as a result of having fled
from any state to avoid prosecution for a crime or to avoid
giving testimony in any criminal proceeding;

(3) is an unlawful user of any controlled substance as
defined in chapter 152;

(4) has been judicially committed to a treatment facility
in Minnesota or elsewhere as a person who is mentally ill,
mentally retarded, or mentally ill and dangerous to the public,
as defined in section 253B.02;

(5) is an alien who is illegally or unlawfully in the
United States;

(6) has been discharged from the armed forces of the United
States under dishonorable conditions; or

(7) has renounced the person's citizenship having been a
citizen of the United States; or

(k) a person who has been convicted of the following
offenses at the gross misdemeanor level, unless three years have
elapsed since the date of conviction and, during that time, the
person has not been convicted of any other violation of these
sections: section 609.229 (crimes committed for the benefit of
a gang); 609.2231, subdivision 4 (assaults motivated by bias);
609.255 (false imprisonment); 609.378 (neglect or endangerment
of a child); 609.582, subdivision 4 (burglary in the fourth
degree); 609.665 (setting a spring gun); 609.71 (riot); or
609.749 (harassment and stalking). For purposes of this
paragraph, the specified gross misdemeanor convictions include
crimes committed in other states or jurisdictions which would
have been gross misdemeanors if conviction occurred in this
state.

A person who issues a certificate pursuant to this
subdivision in good faith is not liable for damages resulting or
arising from the actions or misconduct with a firearm committed
by the individual who is the subject of the certificate.

The prohibition in this subdivision relating to the
possession of firearms other than pistols deleted text begin and semiautomatic
military-style assault weapons deleted text end does not apply retroactively to
persons who are prohibited from possessing a pistol deleted text begin or
semiautomatic military-style assault weapon deleted text end under this
subdivision before August 1, 1994.

The lifetime prohibition on possessing, receiving,
shipping, or transporting firearms for persons convicted or
adjudicated delinquent of a crime of violence in clause (b),
applies only to offenders who are discharged from sentence or
court supervision for a crime of violence on or after August 1,
1993.

Subd. 1a.

Ineligible to receive, ship, transport.

A
person presently charged with a crime punishable by imprisonment
for a term exceeding one year shall not be entitled to receive,
ship, or transport any pistol deleted text begin or semiautomatic military-style
assault weapon deleted text end . A violation of this subdivision is a gross
misdemeanor.

Subd. 2.

Penalties.

(a) A person named in subdivision 1,
clause (a), who possesses a pistol deleted text begin or semiautomatic
military-style assault weapon deleted text end is guilty of a felony and may be
sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both.

(b) A person named in subdivision 1, clause (b), who
possesses any type of firearm new text begin other than a military-style
assault weapon new text end is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine
of not more than $30,000, or both. This paragraph does not
apply to any person who has received a relief of disability
under United States Code, title 18, section 925, or whose
ability to possess firearms has been restored under section
609.165, subdivision 1d.

(c) A person named in any other clause of subdivision 1 who
possesses any type of firearm new text begin other than a military-style
assault weapon new text end is guilty of a gross misdemeanor.

Subd. 3.

Notice.

(a) When a person is convicted of, or
adjudicated delinquent or convicted as an extended jurisdiction
juvenile for committing, a crime of violence as defined in
section 624.712, subdivision 5, the court shall inform the
defendant that the defendant is prohibited from possessing
a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm
new text end for the remainder of the person's lifetime, and that it is a
felony offense to violate this prohibition. The failure of the
court to provide this information to a defendant does not affect
the applicability of the deleted text begin pistol or semiautomatic military-style
assault weapon deleted text end new text begin firearm new text end possession prohibition or the felony
penalty to that defendant.

(b) When a person, including a person under the
jurisdiction of the juvenile court, is charged with committing a
crime of violence and is placed in a pretrial diversion program
by the court before disposition, the court shall inform the
defendant that: (1) the defendant is prohibited from possessing
a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm
new text end until the person has completed the diversion program and the
charge of committing a crime of violence has been dismissed; (2)
it is a gross misdemeanor offense to violate this prohibition;
and (3) if the defendant violates this condition of
participation in the diversion program, the charge of committing
a crime of violence may be prosecuted. The failure of the court
to provide this information to a defendant does not affect the
applicability of the deleted text begin pistol or semiautomatic military-style
assault weapon deleted text end new text begin firearm new text end possession prohibition or the gross
misdemeanor penalty to that defendant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 5.

new text begin [624.7135] MILITARY-STYLE ASSAULT WEAPONS AND
LARGE-CAPACITY AMMUNITION-FEEDING DEVICES PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Short title. new text end

new text begin This section may be cited as
the "Peace Officer's Protection Act of 2005."
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin (a) It is unlawful for a person to
manufacture, transfer, or possess a military-style assault
weapon.
new text end

new text begin (b) It is unlawful for a person to transfer or possess a
large-capacity ammunition-feeding device.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin Subdivision 2 does not apply to:
new text end

new text begin (1) the possession of a military-style assault weapon or
large-capacity ammunition-feeding device that was lawfully
possessed under both state and federal law prior to August 1,
2005;
new text end

new text begin (2) a military-style assault weapon or large-capacity
ammunition-feeding device that has been rendered permanently
inoperable;
new text end

new text begin (3) the manufacture for, transfer to, or possession by the
United States, a department or agency of the United States, or a
state law enforcement agency;
new text end

new text begin (4) a transfer to or possession by:
new text end

new text begin (i) a federal law enforcement officer who is responsible
for the prevention or detection of crimes or for the enforcement
of the United States Code and who is authorized to arrest, with
or without a warrant, an individual for a violation of the
United States Code, whether on or off duty; or
new text end

new text begin (ii) a licensed peace officer, as defined in section
626.84, subdivision 1, for purposes of law enforcement, whether
on or off duty;
new text end

new text begin (5) the transfer to a licensee under title I of the Atomic
Energy Act of 1954 for purposes of establishing and maintaining
an on-site physical protection system and security organization
required by federal law, or possession by an employee or
contractor of the licensee on site for protection and security
purposes or off site for purposes of licensee-authorized
training or transportation of nuclear materials; or
new text end

new text begin (6) the manufacture, transfer, or possession by a licensed
manufacturer or federally licensed firearms dealer solely for
the purpose of sale or demonstration to the United States, a
department or agency of the United States, or a state law
enforcement agency.
new text end

new text begin Subd. 4. new text end

new text begin Penalty. new text end

new text begin (a) A person who violates subdivision
2 is guilty of a felony and may be sentenced to imprisonment for
not more than five years, or to payment of a fine of not more
than $25,000, or both.
new text end

new text begin (b) A person listed in section 624.713, subdivision 1,
paragraph (b), who violates subdivision 2 is guilty of a felony
and may be sentenced to imprisonment for not more than 20 years,
or to payment of a fine of not more than $100,000, or both.
new text end

new text begin (c) A person listed in section 624.713, subdivision 1,
paragraphs (c) to (k), who violates subdivision 2 is guilty of a
felony and may be sentenced to imprisonment for not more than
ten years, or to payment of a fine of not more than $50,000, or
both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 6. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall strike references to
"semiautomatic military-style assault weapons" in Minnesota
Statutes, sections 609.66, subdivision 1f; 624.712, subdivision
6; 624.7131, subdivisions 1, 4, and 10; 624.7132, subdivisions
1, 3, 4, 5, 6, 9, 10, 12, 13, 14, and 15; 624.7141, subdivisions
1 and 3; and 624.7181, subdivision 2. The revisor shall replace
all other references to "semiautomatic military-style assault
weapons" in statute with "military-style assault weapons."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end