HF 3628

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/26/2024 04:11pm

A bill for an act
relating to public safety; banning possession of large-capacity ammunition
magazines, semiautomatic military-style assault weapons, .50 caliber or larger
firearms, undetectable firearms, and other weapons; amending Minnesota Statutes
2022, section 624.712, subdivision 7, by adding subdivisions; 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 2022, section 624.712, subdivision 7, is amended to read:

Subd. 7.

Semiautomatic military-style assault weapon.

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

(1) any of the following firearms:

(i) Avtomat Kalashnikov (AK-47) semiautomatic rifle type;

(ii) Beretta AR-70 and BM-59 semiautomatic rifle types;

(iii) Colt AR-15 semiautomatic rifle type;

(iv) Daewoo Max-1 and Max-2 semiautomatic rifle types;

(v) Famas MAS semiautomatic rifle type;

(vi) Fabrique Nationale FN-LAR and FN-FNC semiautomatic rifle types;

(vii) Galil semiautomatic rifle type;

(viii) Heckler & Koch HK-91, HK-93, and HK-94 semiautomatic rifle types;

(ix) Ingram MAC-10 and MAC-11 semiautomatic pistol and carbine types;

(x) Intratec TEC-9 semiautomatic pistol type;

(xi) Sigarms SIG 550SP and SIG 551SP semiautomatic rifle types;

(xii) SKS with detachable magazine semiautomatic rifle type;

(xiii) Steyr AUG semiautomatic rifle type;

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

(xv) USAS-12 semiautomatic shotgun type;

(xvi) Uzi semiautomatic pistol and carbine types; or

(xvii) Valmet M76 and M78 semiautomatic rifle types;

(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; larger clip size; different caliber; or a bayonet mount; and

(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.

The weapons listed in clause (1), except those listed in 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.

deleted text begin Except as otherwise specifically provided in paragraph (d), a firearm is not a
"semiautomatic 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.
deleted text end

new text begin (b) Semiautomatic military-style assault weapon also includes any:
new text end

new text begin (1) semiautomatic rifle that has the capacity to accept a detachable magazine and has
one or more of the following:
new text end

new text begin (i) a pistol grip or thumbhole stock;
new text end

new text begin (ii) any feature capable of functioning as a protruding grip that can be held by the
nontrigger hand;
new text end

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

new text begin (iv) a shroud attached to the barrel, or that partially or completely encircles the barrel,
allowing the bearer to hold the firearm with the nontrigger hand without being burned, but
excluding a slide that encloses the barrel;
new text end

new text begin (2) semiautomatic pistol, or any semiautomatic, centerfire, or rimfire rifle with a fixed
magazine that has the capacity to accept more than ten rounds of ammunition;
new text end

new text begin (3) semiautomatic pistol that has the capacity to accept a detachable magazine and has
one or more of the following:
new text end

new text begin (i) any feature capable of functioning as a protruding grip that can be held by the
nontrigger hand;
new text end

new text begin (ii) a folding, telescoping, or thumbhole stock;
new text end

new text begin (iii) a shroud attached to the barrel, or that partially or completely encircles the barrel,
allowing the bearer to hold the firearm with the nontrigger hand without being burned, but
excluding a slide that encloses the barrel; or
new text end

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

new text begin (4) semiautomatic shotgun that has one or more of the following:
new text end

new text begin (i) a pistol grip or thumbhole stock;
new text end

new text begin (ii) any feature capable of functioning as a protruding grip that can be held by the
nontrigger hand;
new text end

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

new text begin (iv) a fixed magazine capacity in excess of ten rounds; or
new text end

new text begin (v) an ability to accept a detachable magazine;
new text end

new text begin (5) shotgun with a revolving cylinder; or
new text end

new text begin (6) conversion kit, part, or combination of parts, from which an assault weapon can be
assembled if those parts are in the possession or under the control of the same person.
new text end

new text begin Semiautomatic military-style assault weapon does not mean any firearm described in this
paragraph that has been made permanently inoperable.
new text end

Sec. 2.

Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision to
read:

new text begin Subd. 22. new text end

new text begin Firearm. new text end

new text begin "Firearm" has the meaning given in section 609.666, subdivision
1.
new text end

Sec. 3.

Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision to
read:

new text begin Subd. 23. new text end

new text begin Large-capacity magazine. new text end

new text begin "Large-capacity magazine" means any ammunition
feeding device with the capacity to accept more than ten rounds, or any conversion kit, part,
or combination of parts from which this type of device can be assembled if those parts are
in the possession or under the control of the same person. Large-capacity magazine does
not mean any of the following:
new text end

new text begin (1) a feeding device that has been permanently altered so that it cannot accommodate
more than ten rounds;
new text end

new text begin (2) a .22 caliber tube ammunition feeding device; or
new text end

new text begin (3) a tubular magazine that is contained in a lever-action firearm.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 4.

Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision to
read:

new text begin Subd. 24. new text end

new text begin .50 caliber or larger firearm. new text end

new text begin ".50 caliber or larger firearm" means a firearm
that is capable of expelling a metal projectile that measures one-half inch or larger in diameter
but does not include an antique or replica firearm that uses black powder.
new text end

Sec. 5.

new text begin [624.7145] LARGE-CAPACITY MAGAZINES; .50 CALIBER OR LARGER
FIREARMS; SEMIAUTOMATIC MILITARY-STYLE ASSAULT WEAPONS;
UNDETECTABLE FIREARMS; PROHIBITION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section:
new text end

new text begin (1) "appropriate law enforcement agency" means the organized full-time police
department of the municipality where the person resides or the county sheriff if there is no
municipal police department where the person resides;
new text end

new text begin (2) "transfer" means a sale, gift, loan, assignment, or other delivery to another, whether
or not for consideration; and
new text end

new text begin (3) "undetectable firearm" means a firearm that is not detectable by a metal detector
under United States Code, title 18, section 922(p), or a firearm that can be readily modified
to become undetectable.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin It is unlawful for a person to manufacture, import, transfer, own,
or possess large-capacity magazines, .50 caliber or larger firearms, semiautomatic
military-style assault weapons, or undetectable firearms.
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) any government officer, agent, or employee; member of the armed forces of the
United States; or peace officer, to the extent that the person is otherwise authorized to acquire
or possess a large-capacity magazine, .50 caliber or larger firearm, or semiautomatic
military-style assault weapon and does so while acting within the scope of the person's
duties;
new text end

new text begin (2) the manufacture of a large-capacity magazine, .50 caliber or larger firearm, or
semiautomatic military-style assault weapon by a firearms manufacturer for the purpose of
sale to any branch of the armed forces of the United States or to a law enforcement agency
within Minnesota for use by that agency or its employees, provided the manufacturer is
properly licensed under applicable laws; or
new text end

new text begin (3) the transfer of a large-capacity magazine, .50 caliber or larger firearm, or
semiautomatic military-style assault weapon by a dealer that is properly licensed under
applicable laws to any branch of the armed forces of the United States or to a law enforcement
agency within Minnesota for use by that agency or its employees for law enforcement,
provided that the dealer does not have the large-capacity magazine, .50 caliber or larger
firearm, or semiautomatic military-style assault weapon in possession for more than 120
days from the date of acquisition to the date of delivery to the armed forces or law
enforcement purchaser.
new text end

new text begin Subd. 4. new text end

new text begin Penalty. new text end

new text begin 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 Subd. 5. new text end

new text begin Current owners; registration of large-capacity magazines, .50 caliber
firearms, and semiautomatic military-style assault weapons. new text end

new text begin (a) A person who legally
owned or possessed a large-capacity magazine, .50 caliber or larger firearm, or semiautomatic
military-style assault weapon before January 1, 2024, and who desires to keep ownership
or possession of the device shall register it before January 1, 2025, with the Bureau of
Criminal Apprehension and provide notice of the registration to the person's local law
enforcement agency.
new text end

new text begin (b) A person described in paragraph (a) shall comply with all of the following:
new text end

new text begin (1) safely and securely store the device pursuant to rules adopted by the bureau;
new text end

new text begin (2) renew the registration every three years;
new text end

new text begin (3) possess the device only on property owned or immediately controlled by the person,
or while engaged in the legal use of the device at a duly licensed firing range, or while
transporting the item in compliance with applicable law; and
new text end

new text begin (4) report the loss or theft of the device to the appropriate law enforcement agency within
48 hours of the time the discovery of the loss or theft was made or should have been made.
new text end

new text begin (c) Registered large-capacity magazines, .50 caliber or larger firearms, or semiautomatic
military-style assault weapons may not be transferred, except for transfer to the bureau for
the purpose of surrendering the item for destruction.
new text end

new text begin (d) The registered owner or possessor of a large-capacity magazine, .50 caliber or larger
firearm, or semiautomatic military-style assault weapon may not purchase or receive
additional large-capacity magazines, .50 caliber or larger firearms, or semiautomatic
military-style assault weapons.
new text end

new text begin (e) The bureau may charge a fee for each registration and registration renewal pursuant
to this subdivision.
new text end

new text begin (f) A person acquiring a large-capacity magazine, .50 caliber or larger firearm, or
semiautomatic military-style assault weapon by inheritance, bequest, or succession shall,
within 120 days of acquiring title, do one of the following:
new text end

new text begin (1) surrender the device to the bureau for destruction;
new text end

new text begin (2) modify the device to render it permanently inoperable;
new text end

new text begin (3) for a large-capacity magazine, permanently alter the device so it cannot accommodate
more than ten rounds; or
new text end

new text begin (4) remove the device from the state.
new text end

new text begin (g) A person who owned or possessed a large-capacity magazine, .50 caliber or larger
firearm, or semiautomatic military-style assault weapon before January 1, 2024, who does
not wish to register the device as required in this subdivision shall do one of the following
before January 1, 2025:
new text end

new text begin (1) surrender the device to the bureau for destruction;
new text end

new text begin (2) modify the device to render it permanently inoperable;
new text end

new text begin (3) for a large-capacity magazine, permanently alter the device so it cannot accommodate
more than ten rounds; or
new text end

new text begin (4) remove the device from the state.
new text end

new text begin (h) The bureau shall do the following regarding large-capacity magazines, .50 caliber
or larger firearms, or semiautomatic military-style assault weapons registered under this
subdivision:
new text end

new text begin (1) adopt rules specifying how a person who registers a large-capacity magazine, .50
caliber or larger firearm, or semiautomatic military-style assault weapon shall safely and
securely store it when it is not being used; and
new text end

new text begin (2) implement a registration system.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end