HF 2376

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:03am

A bill for an act
relating to commerce; exempting from federal regulation under the commerce
clause of the Constitution of the United States a firearm, a firearm accessory, or
ammunition manufactured and retained in Minnesota; proposing coding for new
law in Minnesota Statutes, chapter 624.

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

Section 1.

[624.7182] FIREARMS FREEDOM ACT.

Subdivision 1.

Short title.

Subdivisions 1 to 6 may be cited as the "Minnesota
Firearms Freedom Act."

Subd. 2.

Declaration of authority.

Legislative authority for this section derives
from the following provisions:

(1) The tenth amendment to the United States Constitution guarantees to the states
and their people all powers not granted to the federal government elsewhere in the
Constitution and reserves to the state and people of Minnesota certain powers as they were
understood at the time that Minnesota was admitted to statehood in 1858. The guaranty
of those powers is a matter of contract between the state and people of Minnesota and
the United States as of the time that the compact with the United States was agreed upon
and adopted by Minnesota and the United States in 1858.

(2) The ninth amendment to the United States Constitution guarantees to the people
rights not granted in the Constitution and reserves to the people of Minnesota certain
rights as they were understood at the time that Minnesota was admitted to statehood in
1858. The guaranty of those rights is a matter of contract between the state and people of
Minnesota and the United States as of the time that the compact with the United States
was agreed upon and adopted by Minnesota and the United States in 1858.

(3) The regulation of intrastate commerce is vested in the states under the ninth
and tenth amendments to the United States Constitution, particularly if not expressly
preempted by federal law. Congress has not expressly preempted state regulation of
intrastate commerce pertaining to the manufacture on an intrastate basis of firearms,
firearms accessories, and ammunition.

(4) The second amendment to the United States Constitution reserves to the people
the right to keep and bear arms as that right was understood at the time that Minnesota
was admitted to statehood in 1858, and the guaranty of the right is a matter of contract
between the state and people of Minnesota and the United States as of the time that the
compact with the United States was agreed upon and adopted by Minnesota and the
United States in 1858.

Subd. 3.

Definitions.

As used in subdivisions 1 to 6, the following definitions apply:

(1) "Firearms accessories" means items that are used in conjunction with or mounted
upon a firearm but are not essential to the basic function of a firearm, including but not
limited to telescopic or laser sights, ammunition magazines, flash or sound suppressors,
folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for
target illumination.

(2) "Generic and insignificant parts" includes but is not limited to springs, screws,
nuts, and pins.

(3) "Manufactured" means that a firearm, a firearm accessory, or ammunition has
been created from basic materials for functional usefulness, including but not limited to
forging, casting, machining, or other processes for working materials.

Subd. 4.

Prohibitions.

(a) This subdivision applies to a firearm, a firearm accessory,
or ammunition that is manufactured in Minnesota from basic materials and that can be
manufactured without the inclusion of any significant parts imported from another state.

(b) A personal firearm, a firearm accessory, or ammunition that is manufactured
commercially or privately in Minnesota and that remains within the boundaries of the state
of Minnesota is not subject to federal law or federal regulation, including registration,
under the authority of Congress to regulate interstate commerce. It is declared by the
legislature that those items have not traveled in interstate commerce.

(c) Generic and insignificant parts that have other manufacturing or consumer
product applications are not firearms, firearms accessories, or ammunition, and their
importation into Minnesota and incorporation into a firearm, a firearm accessory, or
ammunition manufactured in Minnesota does not subject the firearm, firearm accessory, or
ammunition to federal regulation.

(d) It is declared by the legislature that basic materials, such as unmachined steel and
unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject
to congressional authority to regulate firearms, firearms accessories, and ammunition under
interstate commerce as if they were actually firearms, firearms accessories, or ammunition.

(e) The authority of Congress to regulate interstate commerce in basic materials does
not include authority to regulate firearms, firearms accessories, and ammunition made in
Minnesota from those materials.

(f) Firearms accessories that are imported into Minnesota from another state and that
are subject to federal regulation as being in interstate commerce do not subject a firearm to
federal regulation under interstate commerce as a result of being attached to or used in
conjunction with a firearm in Minnesota.

Subd. 5.

Exemptions.

Subdivision 4 does not apply to:

(1) a firearm that cannot be carried and used by one person;

(2) a firearm that has a bore diameter greater than 1-1/2 inches and that uses
smokeless powder, not black powder, as a propellant;

(3) ammunition with a projectile that explodes using an explosion of chemical
energy after the projectile leaves the firearm; or

(4) a firearm, other than a shotgun, that discharges two or more projectiles with one
activation of the trigger or other firing device.

Subd. 6.

Marketing of firearms.

A firearm manufactured or sold in Minnesota
under this section must have the words "Made in Minnesota" or "Made in MN" clearly
stamped on a central metallic part of the firearm, such as the receiver or frame.

EFFECTIVE DATE.

This section applies to firearms, firearms accessories, and
ammunition that are manufactured, as defined in subdivision 3, and retained in Minnesota
after October 1, 2009.