as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 01:48pm
A bill for an act
relating to public safety; prohibiting the closure of shooting ranges during a state
of emergency; amending Minnesota Statutes 2020, section 624.7192.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2020, section 624.7192, is amended to read:
(a) This section applies only during the effective period of a state of emergency
proclaimed by the governor relating to a public disorder or disaster.
(b) A peace officer who is acting in the lawful discharge of the officer's official duties
without a warrant may disarm a lawfully detained individual only temporarily and only if
the officer reasonably believes it is immediately necessary for the protection of the officer
or another individual. Before releasing the individual, the peace officer must return to the
individual any seized firearms and ammunition, and components thereof, any firearms
accessories and ammunition reloading equipment and supplies, and any other personal
weapons taken from the individual, unless the officer: (1) takes the individual into physical
custody for engaging in criminal activity or for observation pursuant to section 253B.05,
subdivision 2; or (2) seizes the items as evidence pursuant to an investigation for the
commission of the crime for which the individual was arrested.
(c) Notwithstanding any other law to the contrary, no governmental unit, government
official, government employee, peace officer, or other person or body acting under
governmental authority or color of law may undertake any of the following actions with
regard to any firearms and ammunition, and components thereof; any firearms accessories
and ammunition reloading equipment and supplies; and any other personal weapons:
(1) prohibit, regulate, or curtail the otherwise lawful possession, carrying, transportation,
transfer, defensive use, or other lawful use of any of these items;
(2) seize, commandeer, or confiscate any of these items in any manner, except as
expressly authorized in paragraph (b);
(4) close or limit the operating hours of businessesnew text beginnew text end that lawfully sell deleted text beginordeleted text endnew text beginnew text end servicenew text beginnew text end any of these
items, unless such closing or limitation of hours applies equally to all forms of commerce.
(d) No provision of law relating to a public disorder or disaster emergency proclamation
by the governor or any other governmental or quasi-governmental official, including but
not limited to emergency management powers pursuant to chapters 9 and 12, shall be
construed as authorizing the governor or any other governmental or quasi-governmental
official of this state or any of its political subdivisions acting at the direction of the governor
or another official to act in violation of this paragraph or paragraphs (b) and (c).
(e)(1) An individual aggrieved by a violation of this section may seek relief in an action
at law or in equity or in any other proper proceeding for damages, injunctive relief, or other
appropriate redress against a person who commits or causes the commission of this violation.
Venue must be in the district court having jurisdiction over the county in which the aggrieved
individual resides or in which the violation occurred.
(2) In addition to any other remedy available at law or in equity, an individual aggrieved
by the seizure or confiscation of an item listed in paragraph (c) in violation of this section
may make application for the immediate return of the items to the office of the clerk of
court for the county in which the items were seized and, except as provided in paragraph
(b), the court must order the immediate return of the items by the seizing or confiscating
governmental office and that office's employed officials.
(3) In an action or proceeding to enforce this section, the court must award the prevailing
plaintiff reasonable court costs and expenses, including attorney fees.
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