as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:23am
A bill for an act
relating to local government; expanding state preemption of firearms and
firearms dealers regulations; amending Minnesota Statutes 2010, sections
471.633; 471.635.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2010, section 471.633, is amended to read:
The legislature preempts all authority of a
home rule charter or statutory city including a city of the first class, county, town,
municipal corporation, or other governmental subdivisionnew text begin of the statenew text end , or any of their
instrumentalities, new text begin or any combination of them, new text end to regulatenew text begin :
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(1) firearms or ammunition dealers or dealers in firearms or ammunition components;
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(2) gun shows; or
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new text begin (3) the possession, ownership, transport, carrying, storage, transfer, sale, purchase,
licensing, or registration of, or other activities involving,new text end firearms, ammunition, or their
respective componentsnew text begin ;new text end
to the complete exclusion of any order, ordinancenew text begin , license, resolution,new text end or regulation by
themnew text begin new text end deleted text begin except that: (a)deleted text end new text begin regardless of type, manner, or purpose.
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Notwithstanding subdivision 1:
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new text begin (1)new text end a governmental subdivision may regulate thenew text begin actualnew text end discharge of firearmsnew text begin subject
to chapter 87A, except an actual discharge of a firearm in self-defensenew text end ; and
deleted text begin (b)deleted text end new text begin (2)new text end a governmental subdivision may adopt regulations identical to state law.
Local regulation inconsistent with this section is
void.
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As used in this section, "regulate" includes every exercise
of power or authority regardless of type, manner, or purpose and includes restrictions on
location and business operations. "Discharge" does not include shooting activities at an
established shooting range.
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Minnesota Statutes 2010, section 471.635, is amended to read:
Notwithstanding section
471.633, a governmental subdivision may deleted text begin regulate by reasonable, nondiscriminatory, and
nonarbitrarydeleted text end new text begin only enactnew text end zoning ordinancesdeleted text begin ,deleted text end new text begin which limitnew text end the location of deleted text begin businessesdeleted text end new text begin business
premisesnew text end where firearms are soldnew text begin at retailnew text end by a firearms dealernew text begin , provided that limitations,
restrictions, or conditions imposed on a firearms dealer may not be more onerous than
limitations, restrictions, or conditions placed on the most favored seller of other goods.
The authority to regulate a dealer's physical location does not include the authority to
regulate the business activity of selling firearms. Zoning ordinances that are designed for
the purpose of, or have the effect of, prohibiting, restricting, conditioning, or limiting the
sale, purchase, transfer, storage, repair, or manufacture of firearms or ammunition as a
method of regulating firearms or ammunition are in conflict with this section and are voidnew text end .