SF 2948

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; establishing a crime for 
  1.3             manufacturing, transferring, or possessing certain 
  1.4             semiautomatic assault weapons and large capacity 
  1.5             ammunition magazines; providing criminal penalties; 
  1.6             amending Minnesota Statutes 2002, sections 624.712, 
  1.7             subdivision 7, by adding a subdivision; 624.713, as 
  1.8             amended; proposing coding for new law in Minnesota 
  1.9             Statutes, chapter 624. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2002, section 624.712, 
  1.12  subdivision 7, is amended to read: 
  1.13     Subd. 7.  [SEMIAUTOMATIC MILITARY-STYLE ASSAULT WEAPON.] 
  1.14  (a) "Semiautomatic military-style assault weapon" means: 
  1.15     (1) any of the following firearms: 
  1.16     (i) Avtomat Kalashnikov (AK-47) semiautomatic rifle type; 
  1.17     (ii) Beretta AR-70 and BM-59 semiautomatic rifle types; 
  1.18     (iii) Colt AR-15 semiautomatic rifle type; 
  1.19     (iv) Daewoo Max-1 and Max-2 semiautomatic rifle types; 
  1.20     (v) Famas MAS semiautomatic rifle type; 
  1.21     (vi) Fabrique Nationale FN-LAR and FN-FNC semiautomatic 
  1.22  rifle types; 
  1.23     (vii) Galil semiautomatic rifle type; 
  1.24     (viii) Heckler & Koch HK-91, HK-93, and HK-94 semiautomatic 
  1.25  rifle types; 
  1.26     (ix) Ingram MAC-10 and MAC-11 semiautomatic pistol and 
  1.27  carbine types; 
  2.1      (x) Intratec TEC-9 semiautomatic pistol type; 
  2.2      (xi) Sigarms SIG 550SP and SIG 551SP semiautomatic rifle 
  2.3   types; 
  2.4      (xii) SKS with detachable magazine semiautomatic rifle 
  2.5   type; 
  2.6      (xiii) Steyr AUG semiautomatic rifle type; 
  2.7      (xiv) Street Sweeper and Striker-12 revolving-cylinder 
  2.8   shotgun types; 
  2.9      (xv) USAS-12 semiautomatic shotgun type; 
  2.10     (xvi) Uzi semiautomatic pistol and carbine types; or 
  2.11     (xvii) Valmet M76 and M78 semiautomatic rifle types; 
  2.12     (2) any firearm that is another model made by the same 
  2.13  manufacturer as one of the firearms listed in clause (1), and 
  2.14  has the same action design as one of the listed firearms, and is 
  2.15  a redesigned, renamed, or renumbered version of one of the 
  2.16  firearms listed in clause (1), or has a slight modification or 
  2.17  enhancement, including but not limited to a folding or 
  2.18  retractable stock; adjustable sight; case deflector for 
  2.19  left-handed shooters; shorter barrel; wooden, plastic, or metal 
  2.20  stock; larger clip size; different caliber; or a bayonet mount; 
  2.21  and 
  2.22     (3) any firearm that has been manufactured or sold by 
  2.23  another company under a licensing agreement with a manufacturer 
  2.24  of one of the firearms listed in clause (1) entered into after 
  2.25  the effective date of Laws 1993, chapter 326, to manufacture or 
  2.26  sell firearms that are identical or nearly identical to those 
  2.27  listed in clause (1), or described in clause (2), regardless of 
  2.28  the company of production or country of origin.; 
  2.29     (4) a semiautomatic, centerfire rifle that has the capacity 
  2.30  to accept a detachable magazine and any one of the following: 
  2.31     (i) a pistol grip that protrudes conspicuously beneath the 
  2.32  action of the weapon; 
  2.33     (ii) a thumbhole stock; 
  2.34     (iii) a folding or telescoping stock; 
  2.35     (iv) a grenade launcher or flare launcher; 
  2.36     (v) a flash suppressor; or 
  3.1      (vi) a forward pistol grip; 
  3.2      (5) a semiautomatic, centerfire rifle that has a fixed 
  3.3   magazine with the capacity to accept more than ten rounds; 
  3.4      (6) a semiautomatic, centerfire rifle that has an overall 
  3.5   length of less than 30 inches; 
  3.6      (7) a semiautomatic pistol that has the capacity to accept 
  3.7   a detachable magazine and any one of the following: 
  3.8      (i) a threaded barrel, capable of accepting a flash 
  3.9   suppressor, forward handgrip, or silencer; 
  3.10     (ii) a second handgrip; 
  3.11     (iii) a shroud that is attached to, or partially or 
  3.12  completely encircles, the barrel that allows the bearer to fire 
  3.13  the weapon without burning the bearer's hand, except a slide 
  3.14  that encloses the barrel; or 
  3.15     (iv) the capacity to accept a detachable magazine at some 
  3.16  location outside of the pistol grip; 
  3.17     (8) a semiautomatic pistol with a fixed magazine that has 
  3.18  the capacity to accept more than ten rounds; 
  3.19     (9) a semiautomatic shotgun that has both of the following: 
  3.20     (i) a folding or telescoping stock; and 
  3.21     (ii) a thumbhold stock, vertical handgrip, or a pistol grip 
  3.22  that protrudes conspicuously beneath the action of the weapon; 
  3.23     (10) a semiautomatic shotgun that has the ability to accept 
  3.24  a detachable magazine; and 
  3.25     (11) any shotgun with a revolving cylinder. 
  3.26     (b) The weapons listed in paragraph (a), clause (1), except 
  3.27  those listed in items (iii), (ix), (x), (xiv), and (xv), are the 
  3.28  weapons the importation of which was barred by the Bureau of 
  3.29  Alcohol, Tobacco, and Firearms of the United States Department 
  3.30  of the Treasury in July 1989. 
  3.31     (c) Except as otherwise specifically provided in under 
  3.32  United States Code, title 18, section 925, paragraph (d), a 
  3.33  firearm is not a "semiautomatic military-style assault weapon" 
  3.34  if it is generally recognized as particularly suitable for or 
  3.35  readily adaptable to sporting purposes under United States Code, 
  3.36  title 18, section 925, paragraph (d)(3), or any regulations 
  4.1   adopted pursuant to that law. 
  4.2      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  4.3   and applies to crimes committed on or after that date. 
  4.4      Sec. 2.  Minnesota Statutes 2002, section 624.712, is 
  4.5   amended by adding a subdivision to read: 
  4.6      Subd. 12.  [LARGE CAPACITY AMMUNITION-FEEDING DEVICE.] 
  4.7   "Large capacity ammunition-feeding device" means a magazine, 
  4.8   belt, drum, feed strip, clip, or similar device that has a 
  4.9   capacity of, or that can be readily restored or converted to 
  4.10  accept, more than ten rounds of ammunition.  "Large capacity 
  4.11  ammunition-feeding device" does not include an attached tubular 
  4.12  device designed to accept, and capable of operating only with, 
  4.13  .22 caliber rimfire ammunition. 
  4.14     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  4.15  and applies to crimes committed on or after that date. 
  4.16     Sec. 3.  Minnesota Statutes 2002, section 624.713, as 
  4.17  amended by Laws 2003, chapter 28, article 3, sections 8, 9, and 
  4.18  10, is amended to read: 
  4.19     624.713 [CERTAIN PERSONS NOT TO HAVE PISTOLS OR 
  4.20  SEMIAUTOMATIC MILITARY-STYLE ASSAULT WEAPONS OTHER FIREARMS; 
  4.21  PENALTY.] 
  4.22     Subdivision 1.  [INELIGIBLE PERSONS.] The following persons 
  4.23  shall not be entitled to possess a pistol or semiautomatic 
  4.24  military-style assault weapon or, except for clause (a), any 
  4.25  other firearm: 
  4.26     (a) a person under the age of 18 years except that a person 
  4.27  under 18 may carry or possess a pistol or semiautomatic 
  4.28  military-style assault weapon:  (i) in the actual presence or 
  4.29  under the direct supervision of the person's parent or guardian, 
  4.30  (ii) for the purpose of military drill under the auspices of a 
  4.31  legally recognized military organization and under competent 
  4.32  supervision, (iii) for the purpose of instruction, competition, 
  4.33  or target practice on a firing range approved by the chief of 
  4.34  police or county sheriff in whose jurisdiction the range is 
  4.35  located and under direct supervision; or (iv) if the person has 
  4.36  successfully completed a course designed to teach marksmanship 
  5.1   and safety with a pistol or semiautomatic military-style assault 
  5.2   weapon and approved by the commissioner of natural resources; 
  5.3      (b) except as otherwise provided in clause (i), a person 
  5.4   who has been convicted of, or adjudicated delinquent or 
  5.5   convicted as an extended jurisdiction juvenile for committing, 
  5.6   in this state or elsewhere, a crime of violence.  For purposes 
  5.7   of this section, crime of violence includes crimes in other 
  5.8   states or jurisdictions which would have been crimes of violence 
  5.9   as herein defined if they had been committed in this state; 
  5.10     (c) a person who is or has ever been confined in Minnesota 
  5.11  or elsewhere as a person who is mentally ill, mentally retarded, 
  5.12  or mentally ill and dangerous to the public, as defined in 
  5.13  section 253B.02, to a treatment facility, or who has ever been 
  5.14  found incompetent to stand trial or not guilty by reason of 
  5.15  mental illness, unless the person possesses a certificate of a 
  5.16  medical doctor or psychiatrist licensed in Minnesota, or other 
  5.17  satisfactory proof that the person is no longer suffering from 
  5.18  this disability; 
  5.19     (d) a person who has been convicted in Minnesota or 
  5.20  elsewhere of a misdemeanor or gross misdemeanor violation of 
  5.21  chapter 152, or a person who is or has ever been hospitalized or 
  5.22  committed for treatment for the habitual use of a controlled 
  5.23  substance or marijuana, as defined in sections 152.01 and 
  5.24  152.02, unless the person possesses a certificate of a medical 
  5.25  doctor or psychiatrist licensed in Minnesota, or other 
  5.26  satisfactory proof, that the person has not abused a controlled 
  5.27  substance or marijuana during the previous two years; 
  5.28     (e) a person who has been confined or committed to a 
  5.29  treatment facility in Minnesota or elsewhere as chemically 
  5.30  dependent as defined in section 253B.02, unless the person has 
  5.31  completed treatment.  Property rights may not be abated but 
  5.32  access may be restricted by the courts; 
  5.33     (f) a peace officer who is informally admitted to a 
  5.34  treatment facility pursuant to section 253B.04 for chemical 
  5.35  dependency, unless the officer possesses a certificate from the 
  5.36  head of the treatment facility discharging or provisionally 
  6.1   discharging the officer from the treatment facility.  Property 
  6.2   rights may not be abated but access may be restricted by the 
  6.3   courts; 
  6.4      (g) a person, including a person under the jurisdiction of 
  6.5   the juvenile court, who has been charged with committing a crime 
  6.6   of violence and has been placed in a pretrial diversion program 
  6.7   by the court before disposition, until the person has completed 
  6.8   the diversion program and the charge of committing the crime of 
  6.9   violence has been dismissed; 
  6.10     (h) except as otherwise provided in clause (i), a person 
  6.11  who has been convicted in another state of committing an offense 
  6.12  similar to the offense described in section 609.224, subdivision 
  6.13  3, against a family or household member or section 609.2242, 
  6.14  subdivision 3, unless three years have elapsed since the date of 
  6.15  conviction and, during that time, the person has not been 
  6.16  convicted of any other violation of section 609.224, subdivision 
  6.17  3, or 609.2242, subdivision 3, or a similar law of another 
  6.18  state; 
  6.19     (i) a person who has been convicted in this state or 
  6.20  elsewhere of assaulting a family or household member and who was 
  6.21  found by the court to have used a firearm in any way during 
  6.22  commission of the assault is prohibited from possessing any type 
  6.23  of firearm for the period determined by the sentencing court; 
  6.24     (j) a person who: 
  6.25     (1) has been convicted in any court of a crime punishable 
  6.26  by imprisonment for a term exceeding one year; 
  6.27     (2) is a fugitive from justice as a result of having fled 
  6.28  from any state to avoid prosecution for a crime or to avoid 
  6.29  giving testimony in any criminal proceeding; 
  6.30     (3) is an unlawful user of any controlled substance as 
  6.31  defined in chapter 152; 
  6.32     (4) has been judicially committed to a treatment facility 
  6.33  in Minnesota or elsewhere as a person who is mentally ill, 
  6.34  mentally retarded, or mentally ill and dangerous to the public, 
  6.35  as defined in section 253B.02; 
  6.36     (5) is an alien who is illegally or unlawfully in the 
  7.1   United States; 
  7.2      (6) has been discharged from the armed forces of the United 
  7.3   States under dishonorable conditions; or 
  7.4      (7) has renounced the person's citizenship having been a 
  7.5   citizen of the United States; or 
  7.6      (k) a person who has been convicted of the following 
  7.7   offenses at the gross misdemeanor level, unless three years have 
  7.8   elapsed since the date of conviction and, during that time, the 
  7.9   person has not been convicted of any other violation of these 
  7.10  sections:  section 609.229 (crimes committed for the benefit of 
  7.11  a gang); 609.2231, subdivision 4 (assaults motivated by bias); 
  7.12  609.255 (false imprisonment); 609.378 (neglect or endangerment 
  7.13  of a child); 609.582, subdivision 4 (burglary in the fourth 
  7.14  degree); 609.665 (setting a spring gun); 609.71 (riot); or 
  7.15  609.749 (harassment and stalking).  For purposes of this 
  7.16  paragraph, the specified gross misdemeanor convictions include 
  7.17  crimes committed in other states or jurisdictions which would 
  7.18  have been gross misdemeanors if conviction occurred in this 
  7.19  state. 
  7.20     (l) A person who issues a certificate pursuant to this 
  7.21  subdivision in good faith is not liable for damages resulting or 
  7.22  arising from the actions or misconduct with a firearm committed 
  7.23  by the individual who is the subject of the certificate. 
  7.24     (m) The prohibition in this subdivision relating to the 
  7.25  possession of firearms other than pistols and semiautomatic 
  7.26  military-style assault weapons does not apply retroactively to 
  7.27  persons who are prohibited from possessing a pistol or 
  7.28  semiautomatic military-style assault weapon under this 
  7.29  subdivision before August 1, 1994. 
  7.30     (n) The lifetime prohibition on possessing, receiving, 
  7.31  shipping, or transporting firearms for persons convicted or 
  7.32  adjudicated delinquent of a crime of violence in clause (b), 
  7.33  applies only to offenders who are discharged from sentence or 
  7.34  court supervision for a crime of violence on or after August 1, 
  7.35  1993. 
  7.36     Subd. 1a.  [INELIGIBLE TO RECEIVE, SHIP, TRANSPORT.] A 
  8.1   person presently charged with a crime punishable by imprisonment 
  8.2   for a term exceeding one year shall not be entitled to receive, 
  8.3   ship, or transport any pistol or semiautomatic military-style 
  8.4   assault weapon.  A violation of this subdivision is a gross 
  8.5   misdemeanor. 
  8.6      Subd. 2.  [PENALTIES.] (a) A person named in subdivision 1, 
  8.7   clause (a), who possesses a pistol or semiautomatic 
  8.8   military-style assault weapon is guilty of a felony and may be 
  8.9   sentenced to imprisonment for not more than five years or to 
  8.10  payment of a fine of not more than $10,000, or both.  
  8.11     (b) A person named in subdivision 1, clause (b), who 
  8.12  possesses any type of firearm other than a semiautomatic 
  8.13  military-style assault weapon is guilty of a felony and may be 
  8.14  sentenced to imprisonment for not more than 15 years or to 
  8.15  payment of a fine of not more than $30,000, or both.  This 
  8.16  paragraph does not apply to any person who has received a relief 
  8.17  of disability under United States Code, title 18, section 925, 
  8.18  or whose ability to possess firearms has been restored under 
  8.19  section 609.165, subdivision 1d. 
  8.20     (c) A person named in any other clause of subdivision 1 who 
  8.21  possesses any type of firearm other than a semiautomatic 
  8.22  military-style assault weapon is guilty of a gross misdemeanor.  
  8.23     Subd. 3.  [NOTICE.] (a) When a person is convicted of, or 
  8.24  adjudicated delinquent or convicted as an extended jurisdiction 
  8.25  juvenile for committing, a crime of violence as defined in 
  8.26  section 624.712, subdivision 5, the court shall inform the 
  8.27  defendant that the defendant is prohibited from possessing 
  8.28  a pistol or semiautomatic military-style assault weapon firearm 
  8.29  for the remainder of the person's lifetime, and that it is a 
  8.30  felony offense to violate this prohibition.  The failure of the 
  8.31  court to provide this information to a defendant does not affect 
  8.32  the applicability of the pistol or semiautomatic military-style 
  8.33  assault weapon firearm possession prohibition or the felony 
  8.34  penalty to that defendant. 
  8.35     (b) When a person, including a person under the 
  8.36  jurisdiction of the juvenile court, is charged with committing a 
  9.1   crime of violence and is placed in a pretrial diversion program 
  9.2   by the court before disposition, the court shall inform the 
  9.3   defendant that:  (1) the defendant is prohibited from possessing 
  9.4   a pistol or semiautomatic military-style assault weapon firearm 
  9.5   until the person has completed the diversion program and the 
  9.6   charge of committing a crime of violence has been dismissed; (2) 
  9.7   it is a gross misdemeanor offense to violate this prohibition; 
  9.8   and (3) if the defendant violates this condition of 
  9.9   participation in the diversion program, the charge of committing 
  9.10  a crime of violence may be prosecuted.  The failure of the court 
  9.11  to provide this information to a defendant does not affect the 
  9.12  applicability of the pistol or semiautomatic military-style 
  9.13  assault weapon firearm possession prohibition or the gross 
  9.14  misdemeanor penalty to that defendant. 
  9.15     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  9.16  and applies to crimes committed on or after that date. 
  9.17     Sec. 4.  [624.7135] [SEMIAUTOMATIC MILITARY-STYLE ASSAULT 
  9.18  WEAPONS AND LARGE CAPACITY AMMUNITION-FEEDING DEVICES 
  9.19  PROHIBITED.] 
  9.20     Subdivision 1.  [PROHIBITION.] (a) It is unlawful for a 
  9.21  person to manufacture, transfer, or possess a semiautomatic 
  9.22  military-style assault weapon. 
  9.23     (b) It is unlawful for a person to transfer or possess a 
  9.24  large capacity ammunition-feeding device. 
  9.25     Subd. 2.  [EXCEPTIONS.] Subdivision 1 does not apply to: 
  9.26     (1) the possession or transfer of a semiautomatic 
  9.27  military-style assault weapon or large capacity 
  9.28  ammunition-feeding device that was lawfully possessed under both 
  9.29  state and federal law prior to August 1, 2004; 
  9.30     (2) a semiautomatic military-style assault weapon or large 
  9.31  capacity ammunition-feeding device that has been rendered 
  9.32  permanently inoperable; 
  9.33     (3) the manufacture for, transfer to, or possession by the 
  9.34  United States, a department or agency of the United States, or a 
  9.35  state law enforcement agency; 
  9.36     (4) a transfer to or possession by: 
 10.1      (i) a federal law enforcement officer who is responsible 
 10.2   for the prevention or detection of crimes or for the enforcement 
 10.3   of the United States Code and who is authorized to arrest, with 
 10.4   or without a warrant, any individual for a violation of the 
 10.5   United States Code, whether on or off duty; or 
 10.6      (ii) a licensed peace officer, as defined in section 
 10.7   626.84, subdivision 1, for purposes of law enforcement, whether 
 10.8   on or off duty; 
 10.9      (5) the transfer to a licensee under title I of the Atomic 
 10.10  Energy Act of 1954 for purposes of establishing and maintaining 
 10.11  an on-site physical protection system and security organization 
 10.12  required by federal law, or possession by an employee or 
 10.13  contractor of the licensee on-site for protection and security 
 10.14  purposes or off-site for purposes of licensee-authorized 
 10.15  training or transportation of nuclear materials; or 
 10.16     (6) the manufacture, transfer, or possession by a licensed 
 10.17  manufacturer or federally licensed firearms dealer solely for 
 10.18  the purpose of sale or demonstration to the United States, a 
 10.19  department or agency of the United States, or a state law 
 10.20  enforcement agency. 
 10.21     Subd. 3.  [PENALTY.] (a) A person who violates subdivision 
 10.22  1 is guilty of a felony and may be sentenced to imprisonment for 
 10.23  not more than five years, or to payment of a fine of not more 
 10.24  than $25,000, or both. 
 10.25     (b) A person listed in section 624.713, subdivision 1, 
 10.26  paragraph (b), who violates subdivision 1 is guilty of a felony 
 10.27  and may be sentenced to imprisonment for not more than 20 years, 
 10.28  or to payment of a fine of not more than $100,000, or both. 
 10.29     (c) A person listed in section 624.713, subdivision 1, 
 10.30  paragraphs (c) to (k), who violates subdivision 1 is guilty of a 
 10.31  felony and may be sentenced to imprisonment for not more than 
 10.32  ten years, or to payment of a fine of not more than $50,000, or 
 10.33  both. 
 10.34     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 10.35  and applies to crimes committed on or after that date.