SF 1062

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to game and fish; permitting the use of a
firearm silencer for deer management; amending
Minnesota Statutes 2004, sections 97B.031, subdivision
4; 609.66, subdivision 1a.

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

Section 1.

Minnesota Statutes 2004, section 97B.031,
subdivision 4, is amended to read:

Subd. 4.

Silencers prohibited.

new text begin (a) Except as provided in
paragraph (b), new text end a person may not own or possess a silencer for a
firearm or a firearm equipped to have a silencer attached.

new text begin (b) Paragraph (a) does not apply to the ownership and
possession of a silencer by a person who:
new text end

new text begin (1) is hired by a local government solely to shoot deer
according to a deer management control plan approved by the
local government and the commissioner of natural resources; and
new text end

new text begin (2) has a valid federal permit to possess and use a
silencer.
new text end

Sec. 2.

Minnesota Statutes 2004, section 609.66,
subdivision 1a, is amended to read:

Subd. 1a.

Felony crimes; silencers prohibited; reckless
discharge.

(a) Except as otherwise provided in subdivision 1h,
whoever does any of the following is guilty of a felony and may
be sentenced as provided in paragraph (b):

(1) sells or has in possession any device designed to
silence or muffle the discharge of a firearm new text begin , except when the
device is possessed by a person authorized under section
97B.031, subdivision 4, paragraph (b) new text end ;

(2) intentionally discharges a firearm under circumstances
that endanger the safety of another; or

(3) recklessly discharges a firearm within a municipality.

(b) A person convicted under paragraph (a) may be sentenced
as follows:

(1) if the act was a violation of paragraph (a), clause
(2), or if the act was a violation of paragraph (a), clause (1)
or (3), and was committed in a public housing zone, as defined
in section 152.01, subdivision 19, a school zone, as defined in
section 152.01, subdivision 14a, or a park zone, as defined in
section 152.01, subdivision 12a, to imprisonment for not more
than five years or to payment of a fine of not more than
$10,000, or both; or

(2) otherwise, to imprisonment for not more than two years
or to payment of a fine of not more than $5,000, or both.