SF 1135

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; limiting regulation and 
  1.3             causes of action by political subdivisions against 
  1.4             firearms industry; amending Minnesota Statutes 1998, 
  1.5             section 471.633. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 471.633, is 
  1.8   amended to read: 
  1.9      471.633 [FIREARMS; LOCAL AUTHORITY LIMITED.] 
  1.10     Subdivision 1.  [LEGISLATIVE FINDINGS.] The legislature 
  1.11  finds that the regulation of firearms is properly an issue of 
  1.12  general, statewide concern and that the lawful design, 
  1.13  marketing, manufacture, or sale of firearms or ammunition to the 
  1.14  public is not an unreasonably dangerous activity and does not 
  1.15  constitute a nuisance per se. 
  1.16     Subd. 2.  [REGULATION.] (a) The legislature preempts all 
  1.17  authority of a home rule charter or statutory city including a 
  1.18  city of the first class, county, town, municipal corporation, or 
  1.19  other governmental or political subdivision of the state, any 
  1.20  combination of them, or any of their instrumentalities, to 
  1.21  regulate gun shows, firearms dealers, or dealers in firearms 
  1.22  components or to regulate the possession, ownership, transport, 
  1.23  carrying, transfer, sale, purchase, licensing, or registration 
  1.24  of firearms, ammunition, or their respective components to the 
  1.25  complete exclusion of by zoning or any order, ordinance, 
  2.1   resolution, or regulation by them except that:  
  2.2      (a) (1) a governmental or political subdivision may 
  2.3   regulate the discharge of firearms; and 
  2.4      (b) (2) a governmental or political subdivision may adopt 
  2.5   regulations identical to state law.  
  2.6      (b) Local regulation inconsistent with this section is void.
  2.7      Subd. 3.  [LIMITED AUTHORITY TO BRING SUIT.] (a) The 
  2.8   authority to bring suit and right to recover against any 
  2.9   firearms or ammunition manufacturer, trade association, or 
  2.10  dealer by or on behalf of a governmental or political 
  2.11  subdivision described in subdivision 2 for damages, abatement, 
  2.12  or injunctive relief resulting from or relating to the lawful 
  2.13  design, manufacture, marketing, or sale of firearms or 
  2.14  ammunition to the public is reserved exclusively to the state.  
  2.15     (b) Paragraph (a) does not prohibit a governmental or 
  2.16  political subdivision described in subdivision 2 from bringing 
  2.17  an action against a firearms or ammunition manufacturer or 
  2.18  dealer for breach of contract or warranty as to firearms or 
  2.19  ammunition purchased by the governmental or political 
  2.20  subdivision. 
  2.21     Sec. 2.  [EFFECTIVE DATE.] 
  2.22     Section 1 is effective the day following final enactment 
  2.23  and applies to any action pending or commenced on or after that 
  2.24  date.