HF 42

4th Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to firearms; temporarily authorizing the use
of silencers to muffle discharges of firearms for
natural resource wildlife control; amending Minnesota
Statutes 2004, sections 97B.031, subdivision 4;
609.66, subdivision 1h.

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

Section 1.

Minnesota Statutes 2004, section 97B.031,
subdivision 4, is amended to read:

Subd. 4.

Silencers prohibited.

new text begin Except as provided in
section 609.66, subdivision 1h, new text end a person may not own or possess
a silencer for a firearm or a firearm equipped to have a
silencer attached.

Sec. 2.

Minnesota Statutes 2004, section 609.66,
subdivision 1h, is amended to read:

Subd. 1h.

Silencers; authorized for law enforcement new text begin and
wildlife control new text end purposes.

new text begin (a) new text end Notwithstanding subdivision 1a,
paragraph (a), clause (1), licensed peace officers may use
devices designed to silence or muffle the discharge of a firearm
for tactical emergency response operations. Tactical emergency
response operations include execution of high risk search and
arrest warrants, incidents of terrorism, hostage rescue, and any
other tactical deployments involving high risk circumstances.
The chief law enforcement officer of a law enforcement agency
that has the need to use silencing devices must establish and
enforce a written policy governing the use of the devices.

new text begin (b) Notwithstanding subdivision 1a, paragraph (a), clause
(1), until July 1, 2011, an enforcement officer, as defined in
section 97A.015, subdivision 18, a wildlife area manager, an
employee designated under section 84.0835, or a person acting
under contract with the commissioner of natural resources, at
specific times and locations that are authorized by the
commissioner of natural resources may use devices designed to
silence or muffle the discharge of a firearm for wildlife
control operations that require stealth. If the commissioner
determines that the use of silencing devices is necessary under
this paragraph, the commissioner must:
new text end

new text begin (1) establish and enforce a written policy governing the
use, possession, and transportation of the devices;
new text end

new text begin (2) limit the number of the silencing devices maintained by
the Department of Natural Resources to no more than ten; and
new text end

new text begin (3) keep direct custody and control of the devices when the
devices are not specifically authorized for use.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective the day following enactment.
new text end