HF 60

as introduced - 92nd Legislature, 2021 1st Special Session (2021 - 2021) Posted on 06/24/2021 09:29am

A bill for an act
relating to public safety; providing for local, state, and federal regulation of firearm
suppressors; amending Minnesota Statutes 2020, section 609.66, subdivision 1a;
proposing coding for new law in Minnesota Statutes, chapter 609.

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

Section 1.

Minnesota Statutes 2020, section 609.66, subdivision 1a, is amended to read:

Subd. 1a.

Felony crimes; suppressors; reckless discharge.

(a) Whoever does any of
the following is guilty of a felony and may be sentenced as provided in paragraph (b):

(1) sells or has in possession a suppressor that is not lawfully possessed under new text begin state or
new text end federal law;

(2) intentionally discharges a firearm under circumstances that endanger the safety of
another; or

(3) recklessly discharges a firearm within a municipality.

(b) A person convicted under paragraph (a) may be sentenced as follows:

(1) if the act was a violation of paragraph (a), clause (2), or if the act was a violation of
paragraph (a), clause (1) or (3), and was committed in a public housing zone, as defined in
section 152.01, subdivision 19, a school zone, as defined in section 152.01, subdivision
14a, or a park zone, as defined in section 152.01, subdivision 12a, to imprisonment for not
more than five years or to payment of a fine of not more than $10,000, or both; or

(2) otherwise, to imprisonment for not more than two years or to payment of a fine of
not more than $5,000, or both.

(c) As used in this subdivision, "suppressor" means any device for silencing, muffling,
or diminishing the report of a portable firearm, including any combination of parts, designed
or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm
muffler, and any part intended only for use in such assembly or fabrication.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

new text begin [609.6661] DEFINITIONS.
new text end

new text begin For the purposes of sections 609.6661 to 609.6663, the following terms have the meanings
given them:
new text end

new text begin (1) "firearm" has the meaning given in section 609.666, subdivision 1, paragraph (a);
new text end

new text begin (2) "firearm suppressor" has the meaning given in section 609.66, subdivision 1a,
paragraph (c);
new text end

new text begin (3) "generic and insignificant part" means an item that has manufacturing or consumer
product applications other than inclusion in a firearm suppressor including but not limited
to a spring, screw, nut, and pin; and
new text end

new text begin (4) "manufacture" means forging, casting, machining, or other processes for working a
material.
new text end

Sec. 3.

new text begin [609.6662] INTRASTATE MANUFACTURE OF FIREARM SUPPRESSORS.
new text end

new text begin Subdivision 1. new text end

new text begin Manufactured in state. new text end

new text begin (a) For the purposes of sections 609.6661 to
609.6663, a firearm suppressor is manufactured in the state if the suppressor is manufactured:
new text end

new text begin (1) in the state from basic materials; and
new text end

new text begin (2) without the inclusion of any part imported from another state other than a generic
and insignificant part.
new text end

new text begin (b) A firearm suppressor is manufactured in the state if it is manufactured as described
under paragraph (a) without regard to whether a firearm imported into the state from another
state is attached to or used in conjunction with the suppressor.
new text end

new text begin Subd. 2. new text end

new text begin Not subject to federal regulation. new text end

new text begin (a) A firearm suppressor that is manufactured
in the state and remains in the state is not subject to federal law or federal regulation,
including but not limited to registration, under the authority of the United States Congress
to regulate interstate commerce.
new text end

new text begin (b) A basic material from which a firearm suppressor is manufactured in the state,
including but not limited to unmachined steel, is not a firearm suppressor and is not subject
to federal regulation under the authority of the United States Congress to regulate interstate
commerce as if it actually were a firearm suppressor.
new text end

new text begin Subd. 3. new text end

new text begin Marketing of firearm suppressor. new text end

new text begin A firearm suppressor manufactured and
sold in the state must have the words "Made in Minnesota" clearly stamped on it.
new text end

new text begin Subd. 4. new text end

new text begin Attorney general. new text end

new text begin On written notification to the attorney general by a United
States citizen who resides in the state of the citizen's intent to manufacture a firearm
suppressor to which subdivision 2 applies, the attorney general shall seek a declaratory
judgment from a federal district court in the state that subdivision 2 is consistent with the
United States Constitution.
new text end

Sec. 4.

new text begin [609.6663] ENFORCEMENT OF CERTAIN FEDERAL FIREARMS LAWS
PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to:
new text end

new text begin (1) the State of Minnesota, including but not limited to an agency, department,
commission, bureau, board, office, council, court, or other entity that is in any branch of
state government and that is created by the constitution or a statute of the state, including
but not limited to a university system or a system of higher education;
new text end

new text begin (2) the governing body of a county, town, city, school district, or other municipal
corporation or political subdivision of the state;
new text end

new text begin (3) an officer, employee, or other body that is part of a county, town, city, school district,
or other municipal corporation or political subdivision of the state, including but not limited
to a sheriff, municipal police department, city attorney, municipal attorney, or county
attorney; and
new text end

new text begin (4) a district attorney.
new text end

new text begin Subd. 2. new text end

new text begin State and local government policy regarding enforcement of federal firearm
laws. new text end

new text begin (a) An entity under subdivision 1 may not adopt a rule, order, ordinance, or policy
under which the entity enforces, or by consistent action allows the enforcement of, a federal
statute, order, rule, or regulation that purports to regulate a firearm suppressor if the statute,
order, rule, or regulation imposes a prohibition, restriction, or other regulation that does not
exist under state law.
new text end

new text begin (b) No entity under subdivision 1 and no person employed by or otherwise under the
direction or control of the entity may enforce or attempt to enforce any federal statute, order,
rule, or regulation described under paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin State grant funds. new text end

new text begin (a) An entity under subdivision 1 may not receive state
grant funds if the entity adopts a rule, order, ordinance, or policy under which the entity
enforces a federal law described under subdivision 2, paragraph (a), or, by consistent action,
allows the enforcement of that federal law.
new text end

new text begin (b) State grant funds for the entity shall be denied for the fiscal year following the fiscal
year in which a final judicial determination in an action brought under this section is made
that the entity has violated subdivision 2, paragraph (a).
new text end

new text begin Subd. 4. new text end

new text begin Enforcement. new text end

new text begin (a) Any citizen residing in the jurisdiction of an entity under
subdivision 1 may file a complaint with the attorney general if the citizen offers evidence
to support an allegation that the entity has adopted a rule, order, ordinance, or policy under
which the entity enforces a federal law described under subdivision 2, paragraph (a), or that
the entity, by consistent action, allows the enforcement of a federal law described under
subdivision 2, paragraph (a). The citizen must include with the complaint any evidence the
citizen has in support of the complaint.
new text end

new text begin (b) If the attorney general determines that a complaint filed under paragraph (a) against
an entity under subdivision 1 is valid, to compel the entity's compliance with this section
the attorney general may file a petition for a writ of mandamus or apply for other appropriate
equitable relief in a district court in Ramsey County or in a county in which the principal
office of the entity is located. The attorney general may recover reasonable expenses incurred
obtaining relief under this section, including court costs, reasonable attorney fees,
investigative costs, witness fees, and deposition costs.
new text end

new text begin (c) An appeal of an action brought under paragraph (b) is governed by the procedures
for emergency situations under the Minnesota Rules of Civil Appellate Procedure. The
appellate court may limit the time for filing the notice of appeal or the time prescribed by
law for securing review of a decision or an order of a court and may otherwise suspend the
requirements of the Minnesota Rules of Civil Appellate Procedure in the interest of expediting
a decision. The appellate court shall render its final order or judgment with the least possible
delay.
new text end