HF 2726

as introduced - 89th Legislature (2015 - 2016) Posted on 03/10/2016 05:26pm

A bill for an act
relating to public safety; providing that certain federal laws restricting or limiting
firearms are unenforceable in Minnesota; proposing coding for new law in
Minnesota Statutes, chapter 624.

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

Section 1.

new text begin [624.7121] PROHIBITION ON PARTICIPATION IN FEDERAL
VIOLATIONS OF THE SECOND AMENDMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Federal restrictions or limitations; void. new text end

new text begin Pursuant to the second
amendment and tenth amendment of the United States Constitution, any attempt by the
federal government to place restrictions or limitations on firearms, firearm magazines,
ammunition, or components are null, void, and of no force or effect in the state.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin (a) Notwithstanding any law or rule to the contrary, a
state agency or political subdivision of the state, or employee of an agency or political
subdivision acting in an official capacity, or corporation providing services on behalf of
the state or a political subdivision shall not knowingly assist an employee or entity of the
federal government of the United States:
new text end

new text begin (1) in any investigation, prosecution, detention, arrest, or search and seizure
relating to a criminal, civil, or administrative restriction on firearms, firearm magazines,
ammunition, or components within state boundaries based on a federal statute enacted or
an executive order or regulation issued on or after January 1, 2016; or
new text end

new text begin (2) in the conduct of, or the enforcement of a requirement for, a background check
related to an intrastate sale, loan, gift, or other transfer of a firearm between citizens
of Minnesota who do not possess a federal firearms license under United States Code,
title 18, section 923.
new text end

new text begin (b) Nothing in this section shall affect an investigation, prosecution, detention,
arrest, or search and seizure based on a federal statute enacted or an executive order or
regulation issued before January 1, 2016.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in paragraphs
(b) and (c) have the meanings given them.
new text end

new text begin (b) "Political subdivision" means any county; statutory or home rule charter city;
school district; special district; any town exercising powers under Minnesota Statutes,
chapter 368, and located in the metropolitan area, as defined in Minnesota Statutes, section
473.121, subdivision 2; and any board, commission, district, or authority created pursuant
to law, local ordinance, or charter provision.
new text end

new text begin (c) "State agency" means the state, the University of Minnesota, and any office,
officer, department, division, bureau, board, commission, authority, district, or agency of
the state.
new text end