SF 1861

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; requiring firearms to 
  1.3             comply with certain safety requirements; imposing 
  1.4             criminal penalties; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 624.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [624.7134] [FIREARM REQUIREMENTS; PENALTIES.] 
  1.8      Subdivision 1.  [DEFINITION.] For purposes of this section, 
  1.9   "firearm" means a pistol, as defined in section 624.712, 
  1.10  subdivision 2, or a revolver manufactured after January 1, 2002. 
  1.11     Subd. 2.  [REQUIREMENTS.] All firearms transferred on or 
  1.12  after June 30, 2002, must be in compliance with the requirements 
  1.13  of subdivisions 3 to 12.  
  1.14     Subd. 3.  [SECOND HIDDEN SERIAL NUMBER STANDARD.] Each 
  1.15  firearm to be transferred must have both a visible serial number 
  1.16  on the exterior of the frame or receiver, as well as a second 
  1.17  serial number that is not susceptible to eradication.  A serial 
  1.18  number is not susceptible to eradication if: 
  1.19     (1) it is placed on the interior of the firearm; or 
  1.20     (2) it is placed on the exterior of the firearm in a way 
  1.21  that is not visible to the unaided eye but is visible with the 
  1.22  aid of an infrared detector or other device. 
  1.23     Subd. 4.  [EXTERNAL LOCKING DEVICE.] Each firearm to be 
  1.24  transferred must have an external locking device that 
  1.25  effectively prevents the operation of the firearm when locked. 
  2.1      Subd. 5.  [INTERNAL LOCKING DEVICE.] Within 24 months of 
  2.2   the effective date of this section, each firearm shall have a 
  2.3   built-in, on-board locking system by which the firearm can only 
  2.4   be operated with a key, a combination unique to that firearm, or 
  2.5   another mechanism unique to that firearm. 
  2.6      Subd. 6.  [CHILD SAFETY.] (a) Each firearm to be 
  2.7   transferred must be designed with a mechanism capable of 
  2.8   preventing a five-year-old child from operating the firearm when 
  2.9   it is ready to fire. 
  2.10     (b) The mechanisms required under this subdivision may 
  2.11  include, but are not limited to: 
  2.12     (1) raising the trigger resistance to at least a ten-pound 
  2.13  pull; 
  2.14     (2) altering the firing mechanism so that an average 
  2.15  five-year-old child's hands are too small to operate the 
  2.16  firearm; 
  2.17     (3) requiring a series of multiple motions in order to fire 
  2.18  the firearm. 
  2.19     (c) This subdivision does not apply to firearms that have a 
  2.20  hammer deactivation device. 
  2.21     Subd. 7.  [DROP TEST.] (a) Each firearm must pass the more 
  2.22  rigorous of: 
  2.23     (1) the SAAMI standard drop test in effect on the date the 
  2.24  firearm is transferred; or 
  2.25     (2) the following test:  the firearm shall be test-loaded, 
  2.26  set such that the firearm is ready to fire, and dropped onto a 
  2.27  solid slab of concrete from a height of one meter from each of 
  2.28  the following positions: 
  2.29     (i) normal firing position; 
  2.30     (ii) upside down; 
  2.31     (iii) on the grip; 
  2.32     (iv) on the muzzle; 
  2.33     (v) on either side; and 
  2.34     (vi) on the exposed hammer or striker or, if there is no 
  2.35  exposed hammer or striker, then on the rearmost part of the 
  2.36  firearm. 
  3.1      (b) If the firearm is designed so that its hammer or 
  3.2   striker may be set in other positions, it shall be tested with 
  3.3   the hammer or striker in each position but otherwise ready to 
  3.4   fire. 
  3.5      Subd. 8.  [SAFETY DEVICE.] Each pistol to be transferred 
  3.6   must have a positive manually operated safety device as 
  3.7   determined by standards relating to imported firearms adopted by 
  3.8   the federal Bureau of Alcohol, Tobacco, and Firearms.  
  3.9      Subd. 9.  [MAGAZINE SAFETY DISCONNECT OR CHAMBER LOAD 
  3.10  INDICATOR.] Each pistol to be transferred must have either a 
  3.11  magazine safety disconnect or a chamber load indicator.  This 
  3.12  subdivision applies only to firearms that have a mechanism to 
  3.13  lead cartridges via a magazine. 
  3.14     Subd. 10.  [ADDITIONAL STANDARD FOR REVOLVERS.] Each 
  3.15  revolver make and model to be transferred must pass a safety 
  3.16  test.  Each make and model must have a safety feature which 
  3.17  automatically, for a double-action revolver or by manual 
  3.18  operation for a single-action revolver, causes the hammer to 
  3.19  retract to a point where the firing pin does not rest upon the 
  3.20  primer of the cartridge.  The safety device must withstand, no 
  3.21  less than five consecutive times, the impact of a weight equal 
  3.22  to the weight of the revolver dropping from a distance of one 
  3.23  meter in a line parallel to the barrel upon the rear of the 
  3.24  hammer spur without firing a primed case inserted into the 
  3.25  chamber and aligned with the barrel. 
  3.26     Subd. 11.  [FIRING PIN BLOCK OR LOCK.] Each pistol must 
  3.27  have a firing pin block or lock.  
  3.28     Subd. 12.  [WARNINGS ABOUT SAFE STORAGE AND HANDLING.] A 
  3.29  transferor shall include in the packaging of each firearm sold a 
  3.30  warning on risk of firearms in the home and proper home storage. 
  3.31  These warnings shall state in at least 12-point type: 
  3.32     "This firearm is not equipped with a device that fully 
  3.33  blocks use by unauthorized users.  More than 200,000 firearms 
  3.34  like this one are stolen from their owners every year in the 
  3.35  United States.  In addition, there are more than 1,000 suicides 
  3.36  each year by younger children and teenagers who get access to 
  4.1   firearms.  Hundreds more die from accidental discharge.  It is 
  4.2   likely that many more children sustain serious wounds or inflict 
  4.3   wounds accidentally on others.  In order to limit the chance of 
  4.4   such misuse, it is imperative that you keep this firearm locked 
  4.5   in a secure place and take other steps necessary to limit the 
  4.6   possibility of theft or accident.  Failure to take reasonable 
  4.7   preventative steps may result in innocent lives being lost and, 
  4.8   in some circumstances, may result in your liability for these 
  4.9   deaths." 
  4.10     Subd. 13.  [PENALTY.] It is a gross misdemeanor to transfer 
  4.11  or receive a firearm if the firearm does not comply with the 
  4.12  requirements of subdivisions 3 to 12.  
  4.13     Sec. 2.  [EFFECTIVE DATE.] 
  4.14     Section 1 is effective August 1, 2001, and applies to 
  4.15  crimes committed on or after that date.