HF 3306

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; providing criminal penalties for 
  1.3             persons who own, possess, or operate a short-barreled 
  1.4             rifle; amending Minnesota Statutes 1996, section 
  1.5             609.67. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 609.67, is 
  1.8   amended to read: 
  1.9      609.67 [MACHINE GUNS AND, SHORT-BARRELED SHOTGUNS, AND 
  1.10  SHORT-BARRELED RIFLES.] 
  1.11     Subdivision 1.  [DEFINITIONS.] (a) "Machine gun" means any 
  1.12  firearm designed to discharge, or capable of discharging 
  1.13  automatically more than once by a single function of the trigger.
  1.14     (b) "Shotgun" means a weapon designed, redesigned, made or 
  1.15  remade which is intended to be fired from the shoulder and uses 
  1.16  the energy of the explosive in a fixed shotgun shell to fire 
  1.17  through a smooth bore either a number of ball shot or a single 
  1.18  projectile for each single pull of the trigger. 
  1.19     (c) "Short-barreled shotgun" means and "short-barreled 
  1.20  rifle" mean a shotgun or rifle having one or more barrels less 
  1.21  than 18 inches in length and any weapon made from a shotgun or 
  1.22  rifle if such weapon as modified has an overall length less than 
  1.23  26 inches. 
  1.24     (d) "Trigger activator" means a removable manual or power 
  1.25  driven trigger activating device constructed and designed so 
  2.1   that, when attached to a firearm, the rate at which the trigger 
  2.2   may be pulled increases and the rate of fire of the firearm 
  2.3   increases to that of a machine gun. 
  2.4      (e) "Machine gun conversion kit" means any part or 
  2.5   combination of parts designed and intended for use in converting 
  2.6   a weapon into a machine gun, and any combination of parts from 
  2.7   which a machine gun can be assembled, but does not include a 
  2.8   spare or replacement part for a machine gun that is possessed 
  2.9   lawfully under section 609.67, subdivision 3. 
  2.10     Subd. 2.  [ACTS PROHIBITED.] Except as otherwise provided 
  2.11  herein, whoever owns, possesses, or operates a machine gun, any 
  2.12  trigger activator or machine gun conversion kit, or a 
  2.13  short-barreled shotgun, or a short-barreled rifle may be 
  2.14  sentenced to imprisonment for not more than five years or to 
  2.15  payment of a fine of not more than $10,000, or both. 
  2.16     Subd. 3.  [USES PERMITTED.] The following persons may own 
  2.17  or possess a machine gun or, short-barreled shotgun, or 
  2.18  short-barreled rifle provided the provisions of subdivision 4 
  2.19  are complied with: 
  2.20     (1) law enforcement officers for use in the course of their 
  2.21  duties; 
  2.22     (2) chief executive officers of correctional facilities and 
  2.23  other personnel thereof authorized by them and persons in charge 
  2.24  of other institutions for the retention of persons convicted or 
  2.25  accused of crime, for use in the course of their duties; 
  2.26     (3) persons possessing machine guns or, short-barreled 
  2.27  shotguns, or short-barreled rifles which, although designed as 
  2.28  weapons, have been determined by the superintendent of the 
  2.29  bureau of criminal apprehension or the superintendent's delegate 
  2.30  by reason of the date of manufacture, value, design or other 
  2.31  characteristics to be primarily collector's items, relics, 
  2.32  museum pieces or objects of curiosity, ornaments or keepsakes, 
  2.33  and are not likely to be used as weapons; 
  2.34     (4) manufacturers of ammunition who possess and use machine 
  2.35  guns for the sole purpose of testing ammunition manufactured for 
  2.36  sale to federal and state agencies or political subdivisions; 
  3.1   and 
  3.2      (5) dealers and manufacturers who are federally licensed to 
  3.3   buy and sell, or manufacture machine guns or, short-barreled 
  3.4   shotguns, or short-barreled rifles and who either use the 
  3.5   machine guns or, short-barreled shotguns, or short-barreled 
  3.6   rifles in peace officer training under courses approved by the 
  3.7   board of peace officer standards and training, or are engaged in 
  3.8   the sale of machine guns or, short-barreled shotguns, or 
  3.9   short-barreled rifles to federal and state agencies or political 
  3.10  subdivisions. 
  3.11     Subd. 4.  [REPORT REQUIRED.] (a) A person owning or 
  3.12  possessing a machine gun or, short-barreled shotgun, or 
  3.13  short-barreled rifle as authorized by subdivision 3, clause (1), 
  3.14  (2), (3), or (4) shall, within ten days after acquiring such 
  3.15  ownership or possession, file a written report with the bureau 
  3.16  of criminal apprehension, showing the person's name and address; 
  3.17  the person's official title and position, if any; a description 
  3.18  of the machine gun or, short-barreled shotgun, or short-barreled 
  3.19  rifle sufficient to enable identification thereof; the purpose 
  3.20  for which it is owned or possessed; and such further information 
  3.21  as the bureau may reasonably require. 
  3.22     (b) A dealer or manufacturer owning or having a machine gun 
  3.23  or, short-barreled shotgun, or short-barreled rifle as 
  3.24  authorized by subdivision 3, clause (5) shall, by the tenth day 
  3.25  of each month, file a written report with the bureau of criminal 
  3.26  apprehension showing the name and address of the dealer or 
  3.27  manufacturer and the serial number of each machine gun or, 
  3.28  short-barreled shotgun, or short-barreled rifle acquired or 
  3.29  manufactured during the previous month. 
  3.30     Subd. 5.  [EXCEPTIONS.] This section does not apply to 
  3.31  members of the armed services of either the United States or the 
  3.32  state of Minnesota for use in the course of their duties. 
  3.33     Subd. 6.  [PREEMPTION.] Laws 1977, chapter 255, supersedes 
  3.34  all local ordinances, rules and regulations. 
  3.35     Sec. 2.  [EFFECTIVE DATE.] 
  3.36     Section 1 is effective August 1, 1998, and applies to 
  4.1   crimes committed on or after that date.