SF 945

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to firearms; authorizing the use of silencing 
  1.3             devices designed to muffle discharges of firearms for 
  1.4             law enforcement tactical emergency response 
  1.5             operations; eliminating an obsolete provision 
  1.6             prohibiting manufacture or sale of slungshots and sand 
  1.7             clubs; amending Minnesota Statutes 2002, section 
  1.8             609.66, subdivisions 1, 1a, by adding a subdivision. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, section 609.66, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [MISDEMEANOR AND GROSS MISDEMEANOR CRIMES.] 
  1.13  (a) Whoever does any of the following is guilty of a crime and 
  1.14  may be sentenced as provided in paragraph (b): 
  1.15     (1) recklessly handles or uses a gun or other dangerous 
  1.16  weapon or explosive so as to endanger the safety of another; or 
  1.17     (2) intentionally points a gun of any kind, capable of 
  1.18  injuring or killing a human being and whether loaded or 
  1.19  unloaded, at or toward another; or 
  1.20     (3) manufactures or sells for any unlawful purpose any 
  1.21  weapon known as a slungshot or sand club; or 
  1.22     (4) manufactures, transfers, or possesses metal knuckles or 
  1.23  a switch blade knife opening automatically; or 
  1.24     (5) (4) possesses any other dangerous article or substance 
  1.25  for the purpose of being used unlawfully as a weapon against 
  1.26  another; or 
  1.27     (6) (5) outside of a municipality and without the parent's 
  2.1   or guardian's consent, furnishes a child under 14 years of age, 
  2.2   or as a parent or guardian permits the child to handle or use, 
  2.3   outside of the parent's or guardian's presence, a firearm or 
  2.4   airgun of any kind, or any ammunition or explosive.  
  2.5      Possession of written evidence of prior consent signed by 
  2.6   the minor's parent or guardian is a complete defense to a charge 
  2.7   under clause (6). 
  2.8      (b) A person convicted under paragraph (a) may be sentenced 
  2.9   as follows: 
  2.10     (1) if the act was committed in a public housing zone, as 
  2.11  defined in section 152.01, subdivision 19, a school zone, as 
  2.12  defined in section 152.01, subdivision 14a, or a park zone, as 
  2.13  defined in section 152.01, subdivision 12a, to imprisonment for 
  2.14  not more than one year or to payment of a fine of not more than 
  2.15  $3,000, or both; or 
  2.16     (2) otherwise, including where the act was committed on 
  2.17  residential premises within a zone described in clause (1) if 
  2.18  the offender was at the time an owner, tenant, or invitee for a 
  2.19  lawful purpose with respect to those residential premises, to 
  2.20  imprisonment for not more than 90 days or to payment of a fine 
  2.21  of not more than $700, or both. 
  2.22     Sec. 2.  Minnesota Statutes 2002, section 609.66, 
  2.23  subdivision 1a, is amended to read: 
  2.24     Subd. 1a.  [FELONY CRIMES; SILENCERS PROHIBITED; RECKLESS 
  2.25  DISCHARGE.] (a) Except as otherwise provided in subdivision 1h, 
  2.26  whoever does any of the following is guilty of a felony and may 
  2.27  be sentenced as provided in paragraph (b): 
  2.28     (1) sells or has in possession any device designed to 
  2.29  silence or muffle the discharge of a firearm; 
  2.30     (2) intentionally discharges a firearm under circumstances 
  2.31  that endanger the safety of another; or 
  2.32     (3) recklessly discharges a firearm within a municipality. 
  2.33     (b) A person convicted under paragraph (a) may be sentenced 
  2.34  as follows: 
  2.35     (1) if the act was a violation of paragraph (a), clause 
  2.36  (2), or if the act was a violation of paragraph (a), clause (1) 
  3.1   or (3), and was committed in a public housing zone, as defined 
  3.2   in section 152.01, subdivision 19, a school zone, as defined in 
  3.3   section 152.01, subdivision 14a, or a park zone, as defined in 
  3.4   section 152.01, subdivision 12a, to imprisonment for not more 
  3.5   than five years or to payment of a fine of not more than 
  3.6   $10,000, or both; or 
  3.7      (2) otherwise, to imprisonment for not more than two years 
  3.8   or to payment of a fine of not more than $5,000, or both. 
  3.9      Sec. 3.  Minnesota Statutes 2002, section 609.66, is 
  3.10  amended by adding a subdivision to read: 
  3.11     Subd. 1h.  [SILENCERS; AUTHORIZED FOR LAW ENFORCEMENT 
  3.12  PURPOSES.] (a) Notwithstanding subdivision 1a, paragraph (a), 
  3.13  clause (1), licensed peace officers may use devices designed to 
  3.14  silence or muffle the discharge of a firearm for tactical 
  3.15  emergency response operations.  Tactical emergency response 
  3.16  operations include execution of high risk search and arrest 
  3.17  warrants, incidents of terrorism, hostage rescue, and any other 
  3.18  tactical deployments involving high risk circumstances.  The 
  3.19  chief law enforcement officer of a law enforcement agency that 
  3.20  has the need to use silencing devices must establish and enforce 
  3.21  a written policy governing the use of the devices. 
  3.22     (b) A federally licensed firearms dealer may possess 
  3.23  devices designed to silence or muffle the discharge of a firearm 
  3.24  for sale to licensed peace officers under paragraph (a) and for 
  3.25  demonstration purposes. 
  3.26     Sec. 4.  [EFFECTIVE DATE.] 
  3.27     Sections 1 to 3 are effective August 1, 2003, and apply to 
  3.28  crimes committed on or after that date.