SF 1861

1st Engrossment - 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] [HANDGUN REQUIREMENTS; PENALTIES.] 
  1.8      Subdivision 1.  [DEFINITIONS.] For purposes of this section:
  1.9      (1) "handgun" means a pistol or a revolver manufactured 
  1.10  after January 1, 2003; and 
  1.11     (2) "person" means any individual, corporation, firm, 
  1.12  partnership, incorporated and unincorporated association, or any 
  1.13  other legal, professional, or commercial entity. 
  1.14     Subd. 2.  [REQUIREMENTS.] All handguns sold, held for sale, 
  1.15  or imported into the state on or after August 1, 2003, must be 
  1.16  in compliance with the requirements of this section.  
  1.17     Subd. 3.  [SECOND HIDDEN SERIAL NUMBER STANDARD.] A person 
  1.18  may not sell, hold for sale, or import into the state a handgun 
  1.19  that does not have both a visible serial number on the exterior 
  1.20  of the frame or receiver, as well as a second serial number that 
  1.21  is not susceptible to eradication.  A serial number is not 
  1.22  susceptible to eradication if: 
  1.23     (1) it is placed on the interior of the handgun; or 
  1.24     (2) it is placed on the exterior of the handgun in a way 
  1.25  that is not visible to the unaided eye but is visible with the 
  2.1   aid of an infrared detector or other device. 
  2.2      Subd. 4.  [EXTERNAL LOCKING DEVICE.] A person may not sell, 
  2.3   hold for sale, or import into the state a handgun that does not 
  2.4   include or is not accompanied by an external locking device that 
  2.5   effectively prevents the operation of the handgun when locked. 
  2.6      Subd. 5.  [INTERNAL LOCKING DEVICE.] A person may not sell, 
  2.7   hold for sale, or import into the state a handgun after August 
  2.8   1, 2005, that does not have a built-in, on-board locking system 
  2.9   by which the handgun can only be operated with a key or a 
  2.10  combination unique to that handgun. 
  2.11     Subd. 6.  [DROP TEST.] (a) A person may not sell, hold for 
  2.12  sale, or import into the state a handgun unless a sample size of 
  2.13  five handguns of that make and model in new condition all pass 
  2.14  the following test:  each of the five samples shall be 
  2.15  test-loaded, set such that the handgun is ready to fire, and 
  2.16  dropped onto a solid slab of concrete from a height of one meter 
  2.17  from each of the following positions without firing: 
  2.18     (1) normal firing position; 
  2.19     (2) upside down; 
  2.20     (3) on the grip; 
  2.21     (4) on the muzzle; 
  2.22     (5) on either side; and 
  2.23     (6) on the exposed hammer or striker or, if there is no 
  2.24  exposed hammer or striker, then on the rearmost part of the 
  2.25  handgun. 
  2.26     (b) If the handgun is designed so that its hammer or 
  2.27  striker may be set in other positions, it shall be tested with 
  2.28  the hammer or striker in each position but otherwise ready to 
  2.29  fire. 
  2.30     (c) As used in this subdivision, "ready to fire" means the 
  2.31  handgun is loaded, and in a condition where pulling the trigger 
  2.32  and taking any action that must simultaneously accompany the 
  2.33  pulling of the trigger as part of the firing procedure would 
  2.34  fire the handgun. 
  2.35     Subd. 7.  [MAGAZINE SAFETY DISCONNECT OR CHAMBER LOAD 
  2.36  INDICATOR.] A person may not sell, hold for sale, or import into 
  3.1   the state a pistol manufactured after January 1, 2003, that has 
  3.2   a mechanism to load cartridges via a magazine unless it has 
  3.3   either a magazine safety disconnect or a chamber load indicator. 
  3.4      Subd. 8.  [ADDITIONAL STANDARD FOR REVOLVERS.] A person may 
  3.5   not sell, hold for sale, or import into the state a revolver 
  3.6   manufactured after January 1, 2003, unless a sample size of five 
  3.7   revolvers of that make and model in new condition all pass the 
  3.8   following safety test.  Each of the five samples must have a 
  3.9   safety feature, which automatically, for a double-action 
  3.10  revolver or by manual operation for a single-action revolver, 
  3.11  causes the hammer to retract to a point where the firing pin 
  3.12  does not rest upon the primer of the cartridge.  The safety 
  3.13  device of each sample must withstand, no less than five 
  3.14  consecutive times, the impact of a weight equal to the weight of 
  3.15  the revolver dropping from a distance of one meter in a line 
  3.16  parallel to the barrel upon the rear of the hammer spur without 
  3.17  firing a primed case inserted into the chamber and aligned with 
  3.18  the barrel. 
  3.19     Subd. 9.  [FIRING PIN BLOCK OR LOCK.] A person may not 
  3.20  sell, hold for sale, or import into the state a pistol 
  3.21  manufactured after January 1, 2003, that does not have a firing 
  3.22  pin block or lock.  
  3.23     Subd. 10.  [MATERIALS STANDARDS; REPEATED FIRING TEST.] (a) 
  3.24  A person may not sell, offer for sale, or import into the state 
  3.25  a handgun that has a frame, barrel, cylinder, slide, or 
  3.26  breechblock that is composed of: 
  3.27     (1) any metal having a melting point of less than 900 
  3.28  degrees Fahrenheit; 
  3.29     (2) any metal having an ultimate tensile strength of less 
  3.30  than 55,000 pounds per square inch; or 
  3.31     (3) any powdered metal having a density of less than 7.5 
  3.32  grams per cubic centimeter. 
  3.33     (b) This subdivision does not apply to any make and model 
  3.34  of handgun for which a sample of three handguns in new condition 
  3.35  all pass the following test:  each of the three samples shall 
  3.36  fire 600 rounds, stopping every 100 rounds to tighten any loose 
  4.1   screws and to clean the handgun if required by the cleaning 
  4.2   schedule in the user manual, and as needed to refill the empty 
  4.3   magazine or cylinder to capacity before continuing.  For any 
  4.4   handgun that is loaded in a manner other than via a detachable 
  4.5   magazine, the tester shall also pause every 50 rounds for ten 
  4.6   minutes.  The ammunition used shall be the type recommended by 
  4.7   the handgun manufacturer in its user manual or, if none is 
  4.8   recommended, any standard ammunition of the correct caliber in 
  4.9   new condition.  A handgun shall pass this test if it fires the 
  4.10  first 20 rounds without a malfunction, fires the full 600 rounds 
  4.11  with not more than six malfunctions, and completes the test 
  4.12  without any crack or breakage of an operating part of the 
  4.13  handgun.  The term "crack" or "breakage" shall not include a 
  4.14  crack or breakage that does not increase the danger of injury to 
  4.15  the user.  For purposes of evaluating the results of this test, 
  4.16  "malfunction" shall mean any failure to feed, chamber, fire, 
  4.17  extract, or eject a round or any failure to accept or eject a 
  4.18  magazine or any other failure which prevents the handgun, 
  4.19  without manual intervention beyond that needed for routine 
  4.20  firing and periodic reloading, from firing the chambered round 
  4.21  or moving a new round into position so that the handgun is 
  4.22  capable of firing the new round properly.  "Malfunction" shall 
  4.23  not include a misfire caused by a faulty cartridge the primer of 
  4.24  which fails to detonate when properly struck by the handgun's 
  4.25  firing mechanism. 
  4.26     Subd. 11.  [ACCIDENTAL FIRING STANDARD.] A person may not 
  4.27  sell, offer for sale, or import into the state a handgun that is 
  4.28  prone to: 
  4.29     (1) firing more than once per pull of the trigger; or 
  4.30     (2) explosion during firing. 
  4.31     Subd. 12.  [ACCURACY TEST FOR CERTAIN SHORT BARREL 
  4.32  HANDGUNS.] (a) A person may not sell or offer for sale a handgun 
  4.33  that has a barrel less than three inches in length, unless the 
  4.34  person discloses in writing the limitations of the accuracy of 
  4.35  the particular make and model of the subject handgun, by 
  4.36  disclosing the make and model's average group diameter test 
  5.1   result at seven yards, average group diameter test result at 14 
  5.2   yards and average group diameter test result at 21 yards.  
  5.3      (b) For purposes of this subdivision, "average group 
  5.4   diameter test result" shall mean the arithmetic mean of three 
  5.5   separate trials, each performed as follows on a different sample 
  5.6   handgun in new condition of the make and model at issue.  Each 
  5.7   handgun shall fire five rounds at a target from a set distance 
  5.8   and the largest spread in inches between the centers of any of 
  5.9   the holes made in a test target shall be measured and recorded.  
  5.10  This procedure shall be repeated two more times on the handgun.  
  5.11  The arithmetic mean of each of the three recorded results shall 
  5.12  be deemed the result of the trial for that particular sample 
  5.13  handgun.  The ammunition used shall be the type recommended by 
  5.14  the handgun manufacturer in its user manual or, if none is 
  5.15  recommended, any standard ammunition of the correct caliber in 
  5.16  new condition. 
  5.17     Subd. 13.  [WARNING ABOUT SAFE STORAGE AND HANDLING.] A 
  5.18  person may not sell or hold for sale a handgun unless the person 
  5.19  includes in the packaging of the handgun a warning on the risk 
  5.20  of handguns in the home and proper home storage.  The warning 
  5.21  shall state in at least 12-point type: 
  5.22     "This handgun is not equipped with a device that fully 
  5.23  blocks use by unauthorized users.  More than 200,000 handguns 
  5.24  like this one are stolen from their owners every year in the 
  5.25  United States.  In addition, there are more than 1,000 suicides 
  5.26  each year by younger children and teenagers who get access to 
  5.27  handguns.  Hundreds more die from accidental discharge.  It is 
  5.28  likely that many more children sustain serious wounds or inflict 
  5.29  wounds accidentally on others.  In order to limit the chance of 
  5.30  such misuse, it is imperative that you keep this handgun locked 
  5.31  in a secure place and take other steps necessary to limit the 
  5.32  possibility of theft or accident.  Failure to take reasonable 
  5.33  preventative steps may result in innocent lives being lost and, 
  5.34  in some circumstances, may result in your liability for these 
  5.35  deaths." 
  5.36     Subd. 14.  [BUREAU TO DETERMINE COMPLIANCE.] The bureau of 
  6.1   criminal apprehension shall determine which make and model of 
  6.2   handguns and locking devices complies with the requirements of 
  6.3   this section.  By August 1 of each year, the bureau shall 
  6.4   publish a list of these handguns and locking devices. 
  6.5      Subd. 15.  [PENALTY.] A violation of this section is a 
  6.6   gross misdemeanor. 
  6.7      Sec. 2.  [EFFECTIVE DATE.] 
  6.8      Section 1 is effective August 1, 2003, and applies to 
  6.9   handguns sold, held for sale, or imported, and crimes committed 
  6.10  on or after that date.