SF 934

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

  1.1                          A bill for an act 
  1.2             relating to crime prevention; authorizing local 
  1.3             regulation of pistols and semiautomatic military-style 
  1.4             assault weapons in certain situations; amending 
  1.5             Minnesota Statutes 1996, sections 471.633; and 
  1.6             624.717; repealing Minnesota Statutes 1996, sections 
  1.7             624.7131, subdivision 12; and 624.7132, subdivision 16.
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 471.633, is 
  1.10  amended to read: 
  1.11     471.633 [FIREARMS.] 
  1.12     Subdivision 1.  [LOCAL REGULATION �OF FIREARMS.] Except as 
  1.13  provided in subdivision 2, the legislature preempts all 
  1.14  authority of a home rule charter or statutory city including a 
  1.15  city of the first class, county, town, municipal corporation, or 
  1.16  other governmental subdivision, or any of their 
  1.17  instrumentalities, to regulate firearms, ammunition, or their 
  1.18  respective components to the complete exclusion of any order, 
  1.19  ordinance or regulation by them except that:  
  1.20     (a) a governmental subdivision may regulate the discharge 
  1.21  of firearms; and 
  1.22     (b) a governmental subdivision may adopt regulations 
  1.23  identical to state law.  
  1.24     Local regulation inconsistent with this section subdivision 
  1.25  is void. 
  1.26     Subd. 2.  [LOCAL REGULATION OF PISTOLS AND SEMIAUTOMATIC 
  2.1   MILITARY-STYLE ASSAULT WEAPONS AUTHORIZED.] (a) Except as 
  2.2   provided in paragraph (b), a home rule charter or statutory 
  2.3   city, town, or county may enact ordinances relating to the 
  2.4   carrying, possessing, or transferring of pistols and 
  2.5   semiautomatic military-style assault weapons.  For purposes of 
  2.6   this section, pistols and semiautomatic military-style assault 
  2.7   weapons have the meanings given in section 624.712. 
  2.8      (b) Ordinances enacted under paragraph (a) may not impose 
  2.9   more lenient restrictions on the carrying, possessing, or 
  2.10  transferring of pistols and semiautomatic military-style assault 
  2.11  weapons than state law.  No ordinance may be enacted that would 
  2.12  entirely ban or preclude the ownership or possession of pistols. 
  2.13     Sec. 2.  Minnesota Statutes 1996, section 624.717, is 
  2.14  amended to read: 
  2.15     624.717 [LOCAL REGULATION.] 
  2.16     Subdivision 1.  [LOCAL REGULATION AUTHORIZED.] Sections 
  2.17  624.711 to 624.716 shall be construed to supersede municipal or 
  2.18  county regulation of the carrying or possessing of pistols and 
  2.19  the regulation of Saturday Night Special Pistols.  Except as 
  2.20  provided in subdivision 2, a home rule charter or statutory 
  2.21  city, town, or county may enact ordinances to regulate the 
  2.22  carrying, possessing, or transferring of pistols and 
  2.23  semiautomatic military-style assault weapons. 
  2.24     Subd. 2.  [EXCEPTION.] An ordinance enacted under 
  2.25  subdivision 1 may not entirely ban or preclude the ownership or 
  2.26  possession of pistols. 
  2.27     Sec. 3.  [REPEALER.] 
  2.28     Minnesota Statutes 1996, sections 624.7131, subdivision 12; 
  2.29  and 624.7132, subdivision 16, are repealed. 
  2.30     Sec. 4.  [EFFECTIVE DATE.] 
  2.31     Sections 1 to 3 are effective August 1, 1997.