1.1 	A bill for an act
1.2 	relating to military affairs; authorizing National Guard employees to carry certain 
1.3 	weapons;amending Minnesota Statutes 2004, sections 609.67, subdivisions 
1.4 	3, 5; 626.88, subdivision 1.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 609.67, subdivision 3, is amended to read:
1.7 		Subd. 3.Uses permitted. The following persons may own or possess a machine 
1.8 	gun or short-barreled shotgun provided the provisions of subdivision 4 are complied with:
1.9 	(1) law enforcement officers for use in the course of their duties;
1.10 	(2) chief executive officers of correctional facilities and other personnel thereof 
1.11 	authorized by them and persons in charge of other institutions for the retention of persons 
1.12 	convicted or accused of crime, for use in the course of their duties;
1.13 	(3) persons possessing machine guns or short-barreled shotguns which, although 
1.14 	designed as weapons, have been determined by the superintendent of the Bureau 
1.15 	of Criminal Apprehension or the superintendent's delegate by reason of the date of 
1.16 	manufacture, value, design or other characteristics to be primarily collector's items, 
1.17 	relics, museum pieces or objects of curiosity, ornaments or keepsakes, and are not likely 
1.18 	to be used as weapons;
1.19 	(4) manufacturers of ammunition who possess and use machine guns for the sole 
1.20 	purpose of testing ammunition manufactured for sale to federal and state agencies or 
1.21 	political subdivisions; and
1.22 	(5) dealers and manufacturers who are federally licensed to buy and sell, or 
1.23 	manufacture machine guns or short-barreled shotguns and who either use the machine 
1.24 	guns or short-barreled shotguns in peace officer training under courses approved by the 
2.1 	Board of Peace Officer Standards and Training, or are engaged in the sale of machine guns 
2.2 	or short-barreled shotguns to federal and state agencies or political subdivisions.; and
2.3 	(6) persons employed by the Minnesota National Guard as security guards, for use in 
2.4 	accordance with applicable federal military regulations.

2.5 	Sec. 2. Minnesota Statutes 2004, section 609.67, subdivision 5, is amended to read:
2.6 		Subd. 5.Exceptions. This section does not apply to members of the armed services 
2.7 	of either the United States or the state of Minnesota for use in the course of their duties
2.8 	or to security guards employed by the Minnesota National Guard for use in accordance 
2.9 	with applicable federal military regulations.

2.10 	Sec. 3. Minnesota Statutes 2004, section 626.88, subdivision 1, is amended to read:
2.11 		Subdivision 1.Definitions. (a) For the purposes of this section, the following terms 
2.12 	have the meanings given them.
2.13 	(b) "Peace officer" means an employee of a political subdivision or state law 
2.14 	enforcement agency who is licensed pursuant to sections  626.84 to  626.863 charged 
2.15 	with the prevention and detection of crime and the enforcement of the general criminal 
2.16 	laws of the state and who has full power of arrest, and shall also include Minnesota state 
2.17 	troopers, state conservation officers, park police, constables, and University of Minnesota 
2.18 	police officers. 
2.19 	(c) "Security guard" means any person who is paid a fee, wage or salary to perform 
2.20 	one or more of the following functions:
2.21 	(1) prevention or detection of intrusion, unauthorized entry or activity, vandalism 
2.22 	or trespass on private property;
2.23 	(2) prevention or detection of theft, loss, embezzlement, misappropriation, or 
2.24 	concealment of merchandise, money, bonds, stocks, notes, or other valuable documents 
2.25 	or papers;
2.26 	(3) control, regulation, or direction of the flow or movements of the public, whether 
2.27 	by vehicle or otherwise, to assure protection of private property;
2.28 	(4) protection of individuals from bodily harm; or
2.29 	(5) prevention or detection of intrusion, unauthorized entry or activity, vandalism, 
2.30 	or trespass on Minnesota National Guard facilities, including, but not limited to, Camp 
2.31 	Ripley and Air National Guard Air Bases; or
2.32 	(5) (6) enforcement of policies and rules of the security guard's employer related 
2.33 	to crime reduction insofar as such enforcement falls within the scope of security guard's 
2.34 	duties.
3.1 	The term "security guard" does not include: (i) auditors, accountants, and accounting 
3.2 	personnel performing audits or accounting functions; (ii) employees of a firm licensed 
3.3 	pursuant to section  326.3381 whose duties are primarily administrative or clerical in 
3.4 	nature; (iii) unarmed security personnel; (iv) personnel temporarily employed pursuant 
3.5 	to statute or ordinance by political subdivisions to provide protective services at social 
3.6 	functions; (v) employees of air or rail carriers.