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HF 298

as introduced - 88th Legislature (2013 - 2014) Posted on 02/04/2013 02:33pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to public safety; authorizing local units of government to regulate
firearms in certain instances; amending Minnesota Statutes 2012, sections
471.633; 624.7131, subdivision 12; 624.7132, subdivision 16; 624.714,
subdivision 23; 624.717; 624.7191, subdivision 4.

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

Section 1.

Minnesota Statutes 2012, section 471.633, is amended to read:


471.633 FIREARMS.

new text begin (a) Except as provided in paragraph (b), new text end the legislature preempts all authority
of a home rule charter or statutory city including a city of the first class, county, town,
municipal corporation, or other governmental subdivision, or any of their instrumentalities,
to regulate firearms, ammunition, or their respective components to the complete exclusion
of any order, ordinance or regulation by them except that:

deleted text begin (a)deleted text end new text begin (1)new text end a governmental subdivision may regulate the discharge of firearms; and

deleted text begin (b)deleted text end new text begin (2)new text end a governmental subdivision may adopt regulations identical to state law.

new text begin (b) Paragraph (a) does not apply to a local unit of government acting to further a
clearly stated public safety purpose and achieve a clearly stated public safety outcome.
 new text end

new text begin (c) new text end Local regulation inconsistent with this section is void.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 2.

Minnesota Statutes 2012, section 624.7131, subdivision 12, is amended to read:


Subd. 12.

Local regulation.

new text begin (a) Except as provided in paragraph (b), new text end this section
shall be construed to supersede municipal or county regulation of the issuance of
transferee permits.

new text begin (b) Paragraph (a) does not apply to a local unit of government acting to further a
clearly stated public safety purpose and achieve a clearly stated public safety outcome.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 3.

Minnesota Statutes 2012, section 624.7132, subdivision 16, is amended to read:


Subd. 16.

Local regulation.

new text begin (a) Except as provided in paragraph (b), new text end this section
shall be construed to supersede municipal or county regulation of the transfer of pistols.

new text begin (b) Paragraph (a) does not apply to a local unit of government acting to further a
clearly stated public safety purpose and achieve a clearly stated public safety outcome.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 4.

Minnesota Statutes 2012, section 624.714, subdivision 23, is amended to read:


Subd. 23.

Exclusivity.

new text begin (a) Except as provided in paragraph (b), new text end this section sets
forth the complete and exclusive criteria and procedures for the issuance of permits to
carry and establishes their nature and scope. No sheriff, police chief, governmental unit,
government official, government employee, or other person or body acting under color
of law or governmental authority may change, modify, or supplement these criteria or
procedures, or limit the exercise of a permit to carry.

new text begin (b) Paragraph (a) does not apply to a local unit of government acting to further a
clearly stated public safety purpose and achieve a clearly stated public safety outcome.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 5.

Minnesota Statutes 2012, section 624.717, is amended to read:


624.717 LOCAL REGULATION.

new text begin (a) Except as provided in paragraph (b), new text end sections 624.711 to 624.716 shall be
construed to supersede municipal or county regulation of the carrying or possessing of
pistols and the regulation of Saturday night special pistols.

new text begin (b) Paragraph (a) does not apply to a local unit of government acting to further a
clearly stated public safety purpose and achieve a clearly stated public safety outcome.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 6.

Minnesota Statutes 2012, section 624.7191, subdivision 4, is amended to read:


Subd. 4.

Local regulation.

new text begin (a) Except as provided in paragraph (b), new text end this section
shall be construed to supersede any municipal or county regulation of ammunition,
including its component parts.

new text begin (b) Paragraph (a) does not apply to a local unit of government acting to further a
clearly stated public safety purpose and achieve a clearly stated public safety outcome.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end