SF 197

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; authorizing law enforcement 
  1.3             agencies to sell forfeited firearms, ammunition, and 
  1.4             firearm accessories to persons eligible to possess a 
  1.5             firearm lawfully; amending Minnesota Statutes 1998, 
  1.6             section 609.5315, subdivisions 1 and 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 609.5315, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [DISPOSITION.] If the court finds under 
  1.11  section 609.5313, 609.5314, or 609.5318 that the property is 
  1.12  subject to forfeiture, it shall order the appropriate agency to: 
  1.13     (1) destroy all weapons used, firearms, ammunition, and 
  1.14  firearm accessories that the agency decides not to sell under 
  1.15  clause (3) or use for law enforcement purposes under 
  1.16  clause (6) (7), unless the agency determines that there is good 
  1.17  reason not to destroy a particular item; 
  1.18     (2) sell property that is not required to be destroyed by 
  1.19  law and is not in itself harmful to the public and distribute 
  1.20  the proceeds under subdivision 5; 
  1.21     (3) sell firearms, ammunition, and firearm accessories to 
  1.22  purchasers whom the agency has determined are eligible to 
  1.23  possess a firearm lawfully, and distribute the proceeds under 
  1.24  subdivision 5; 
  1.25     (4) take custody of the property and remove it for 
  1.26  disposition in accordance with law; 
  2.1      (4) (5) forward the property to the federal drug 
  2.2   enforcement administration; 
  2.3      (5) (6) disburse money as provided under subdivision 5; or 
  2.4      (6) (7) keep property other than money for official use by 
  2.5   the agency and the prosecuting agency. 
  2.6      Sec. 2.  Minnesota Statutes 1998, section 609.5315, 
  2.7   subdivision 2, is amended to read: 
  2.8      Subd. 2.  [DISPOSITION OF ADMINISTRATIVELY FORFEITED 
  2.9   PROPERTY.] If property is forfeited administratively under 
  2.10  section 609.5314 or 609.5318 and no demand for judicial 
  2.11  determination is made, the appropriate agency may dispose of the 
  2.12  property in any of the ways listed in subdivision 1, except that 
  2.13  the agency must destroy all forfeited weapons used, firearms, 
  2.14  ammunition, and firearm accessories that the agency decides not 
  2.15  to sell under subdivision 1, clause (3), or use for law 
  2.16  enforcement purposes under subdivision 1, clause (6) (7).