HF 3160

as introduced - 89th Legislature (2015 - 2016) Posted on 03/24/2016 04:15pm

A bill for an act
relating to game and fish; modifying night vision possession restrictions;
amending Minnesota Statutes 2014, sections 97B.045, subdivision 3; 97B.086.

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

Section 1.

Minnesota Statutes 2014, section 97B.045, subdivision 3, is amended to read:

Subd. 3.

Exceptions; hunting and shooting ranges.

(a) Notwithstanding
provisions to the contrary under this chapter, a person may transport an unloaded, uncased
firearm, excluding a pistol as defined in paragraph (b), in a motor vehicle while at a
shooting range, as defined under section 87A.01, subdivision 3, where the person has
received permission from the lawful owner or possessor to discharge firearms; lawfully
hunting on private or public land; or travelling to or from a site the person intends to hunt
lawfully that day or has hunted lawfully that day, unless:

(1) within Anoka, Hennepin, or Ramsey County;

(2) within the boundaries of a home rule charter or statutory city with a population
of 2,500 or more;

(3) on school grounds; or

(4) otherwise restricted under section 97A.091 deleted text begin , deleted text end new text begin or new text end 97B.081 deleted text begin , or 97B.086 deleted text end .

(b) For the purposes of this section, a "pistol" includes a weapon designed to be fired
by the use of a single hand and with an overall length less than 26 inches, or having a
barrel or barrels of a length less than 18 inches in the case of a shotgun or having a barrel
of a length less than 16 inches in the case of a rifle:

(1) from which may be fired or ejected one or more solid projectiles by means
of a cartridge or shell or by the action of an explosive or the igniting of flammable or
explosive substances; or

(2) for which the propelling force is a spring, elastic band, carbon dioxide, air or
other gas, or vapor.

Pistol does not include a device firing or ejecting a shot measuring .18 of an inch, or less,
in diameter and commonly known as a "BB gun," a scuba gun, a stud gun or nail gun used
in the construction industry, or children's pop guns or toys.

Sec. 2.

Minnesota Statutes 2014, section 97B.086, is amended to read:

97B.086 deleted text begin POSSESSION OF deleted text end new text begin HUNTING WITH new text end NIGHT VISION OR THERMAL
IMAGING EQUIPMENT new text begin PROHIBITED new text end .

(a) A person may not possess night vision or thermal imaging equipment while
taking new text begin protected new text end wild animals deleted text begin or while having in possession, either individually or as
one of a group of persons, a firearm, bow, or other implement that could be used to take
wild animals deleted text end .

deleted text begin (b) This section does not apply to a firearm that is:
deleted text end

deleted text begin (1) unloaded;
deleted text end

deleted text begin (2) in a gun case expressly made to contain a firearm that fully encloses the firearm
by being zipped, snapped, buckled, tied, or otherwise fastened without any portion of
the firearm exposed; and
deleted text end

deleted text begin (3) in the closed trunk of a motor vehicle.
deleted text end

deleted text begin (c) This section does not apply to a bow that is:
deleted text end

deleted text begin (1) completely encased or unstrung; and
deleted text end

deleted text begin (2) in the closed trunk of a motor vehicle.
deleted text end

deleted text begin (d) If the motor vehicle under paragraph (b) or (c) does not have a trunk, the firearm
or bow must be placed in the rearmost location of the vehicle.
deleted text end

deleted text begin (e) deleted text end new text begin (b) new text end This section does not apply to night vision or thermal imaging equipment
possessed by peace officers or military personnel while exercising their duties.