SF 572

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to firearms; authorizing procedures for the 
  1.3             possession of firearms silencer and muffling devices 
  1.4             by certain persons and entities; amending Minnesota 
  1.5             Statutes 1996, sections 609.66, subdivision 2, and by 
  1.6             adding subdivisions; and 609.67, subdivision 4. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 609.66, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [EXCEPTIONS.] Nothing in this section prohibits 
  1.11  the possession of the articles mentioned by (a) The following 
  1.12  persons or entities may own or possess the articles described in 
  1.13  this section: 
  1.14     (1) museums; or 
  1.15     (2) collectors of art or for other lawful purposes of 
  1.16  public exhibition.  
  1.17     (b) The following persons or entities may own or possess 
  1.18  devices designed to silence or muffle the discharge of a 
  1.19  firearm, provided the provisions of subdivision 3 are met: 
  1.20     (1) heads of law enforcement agencies, as defined in 
  1.21  section 626.84, subdivision 1, and other law enforcement 
  1.22  officers authorized by the agency head for use in the course of 
  1.23  their duties; 
  1.24     (2) dealers and manufacturers who are federally licensed to 
  1.25  buy, sell, or manufacture silencer or muffling devices and who 
  1.26  either use the devices in peace officer training under courses 
  2.1   approved by the board of peace officer standards and training, 
  2.2   or are engaged in the sale of the devices to federal and state 
  2.3   agencies and political subdivisions; 
  2.4      (3) members of the armed forces of either the United States 
  2.5   or the state of Minnesota for use in the course of their duties; 
  2.6   and 
  2.7      (4) persons who possess silencer or muffling devices that 
  2.8   were registered by that person with the federal Bureau of 
  2.9   Alcohol, Tobacco, and Firearms before July 1, 1996.  
  2.10     Sec. 2.  Minnesota Statutes 1996, section 609.66, is 
  2.11  amended by adding a subdivision to read: 
  2.12     Subd. 3.  [REPORT REQUIRED.] (a) A person owning or 
  2.13  possessing a silencer or muffling device as authorized by 
  2.14  subdivision 2, paragraph (b), clause (1) or (2), shall, within 
  2.15  ten days after acquiring or transferring ownership or 
  2.16  possession, file a written report with the bureau of criminal 
  2.17  apprehension, showing the person's name and address; the 
  2.18  person's official title and position, if any; a description of 
  2.19  the device sufficient to enable identification of it; the 
  2.20  purpose for which it is owned or possessed; and such further 
  2.21  information as the bureau may reasonably require.  The report 
  2.22  shall include a copy of any forms filed with the federal Bureau 
  2.23  of Alcohol, Tobacco, and Firearms relating to the registration 
  2.24  of the device. 
  2.25     (b) A person owning or possessing a silencer or muffling 
  2.26  device as authorized by subdivision 2, paragraph (b), clause 
  2.27  (4), shall, by August 1, 1997, file a written report with the 
  2.28  bureau of criminal apprehension showing the person's name and 
  2.29  address; a description of the device sufficient to enable 
  2.30  identification of it; and any other information the bureau may 
  2.31  reasonably require.  The report shall include a copy of any 
  2.32  forms filed with the federal Bureau of Alcohol, Tobacco, and 
  2.33  Firearms relating to the registration of the device as well as 
  2.34  sufficient documentation to demonstrate that the device has been 
  2.35  registered by the person filing the report. 
  2.36     (c) A dealer or manufacturer who owns or possesses a 
  3.1   silencer or muffling device as authorized by subdivision 2, 
  3.2   paragraph (b), clause (2), shall, within ten days of receiving 
  3.3   proof of continuing status as a federally licensed dealer or 
  3.4   manufacturer from the federal Bureau of Alcohol, Tobacco, and 
  3.5   Firearms, file a copy of the proof with the bureau of criminal 
  3.6   apprehension. 
  3.7      Sec. 3.  Minnesota Statutes 1996, section 609.66, is 
  3.8   amended by adding a subdivision to read: 
  3.9      Subd. 4.  [LIMITATION OF SCOPE.] Nothing in this section 
  3.10  prohibits the transfer of the articles mentioned in this section 
  3.11  by persons who: 
  3.12     (1) lawfully own or possess the articles; or 
  3.13     (2) own or possess the articles by bequest or by intestate 
  3.14  succession and transfer them to a person who may lawfully own or 
  3.15  possess the articles. 
  3.16     Sec. 4.  Minnesota Statutes 1996, section 609.67, 
  3.17  subdivision 4, is amended to read: 
  3.18     Subd. 4.  [REPORT REQUIRED.] (a) A person owning or 
  3.19  possessing a machine gun or short-barreled shotgun as authorized 
  3.20  by subdivision 3, clause (1), (2), (3), or (4) shall, within ten 
  3.21  days after acquiring such ownership or possession, file a 
  3.22  written report with the bureau of criminal apprehension, showing 
  3.23  the person's name and address; the person's official title and 
  3.24  position, if any; a description of the machine gun or 
  3.25  short-barreled shotgun sufficient to enable identification 
  3.26  thereof; the purpose for which it is owned or possessed; and 
  3.27  such further information as the bureau may reasonably require. 
  3.28     (b) A dealer or manufacturer owning or having a machine gun 
  3.29  or short-barreled shotgun as authorized by subdivision 3, clause 
  3.30  (5) shall, by the tenth day of each month, file a written report 
  3.31  with the bureau of criminal apprehension showing the name and 
  3.32  address of the dealer or manufacturer and the serial number of 
  3.33  each machine gun or short-barreled shotgun acquired or 
  3.34  manufactured during the previous month. 
  3.35     (c) A dealer or manufacturer owning or having a machine gun 
  3.36  or short-barreled shotgun as authorized by subdivision 3, clause 
  4.1   (5), shall, within ten days of receiving proof of continuing 
  4.2   status as a federally licensed firearms dealer from the federal 
  4.3   Bureau of Alcohol, Tobacco, and Firearms, file proof of this 
  4.4   status with the bureau of criminal apprehension. 
  4.5      Sec. 5.  [EFFECTIVE DATE.] 
  4.6      Sections 1 to 4 are effective August 1, 1997, and apply to 
  4.7   crimes committed on or after that date.