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SF 995

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:39am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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Current Version - as introduced

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A bill for an act
 relating to local government; expanding state preemption of regulations for
firearms and firearms dealers; amending Minnesota Statutes 2010, sections
471.633; 471.635.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 471.633, is amended to read:


471.633 FIREARMS.

new text begin Subdivision 1. new text end

new text begin Preemption. new text end

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 :
new text end

new text begin (1) firearms or ammunition dealers or dealers in firearms or ammunition components;
 new text end

new text begin (2) gun shows; or
 new text end

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, ordinance deleted text begin ordeleted text end new text begin , license, resolution,new text end regulationnew text begin , or acts
of proprietary authoritynew text end 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.
new text end

new text begin Subd. 2. new text end

new text begin Exceptions. new text end

new text begin Notwithstanding subdivision 1:
 new text end

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.

new text begin Subd. 3. new text end

new text begin Inconsistent regulations. new text end

Local regulation inconsistent with this section is
void.

new text begin Subd. 4. new text end

new text begin Definitions. new text end

new text begin 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.
 new text end

Sec. 2.

Minnesota Statutes 2010, section 471.635, is amended to read:


471.635 ZONING ORDINANCESnew text begin ; RETAIL SALE OF FIREARMSnew text end .

new text begin Subdivision 1. new text end

new text begin Limited to location of business premises. new text end

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 .

new text begin Subd. 2. new text end

new text begin Firearms dealer defined. new text end

For the purposes of this section, a firearms
dealer is a person who is federally licensed to sell firearms and a governmental subdivision
is an entity described in sections 471.633 and 471.634.