SF 3027

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to game and fish; modifying provisions on the use of silencing
devices for wildlife management control; amending Minnesota Statutes 2005
Supplement, section 609.66, subdivision 1h.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2005 Supplement, section 609.66, subdivision 1h,
is amended to read:

Subd. 1h.

Silencers; authorized for law enforcement and wildlife control
purposes.

(a) Notwithstanding subdivision 1a, paragraph (a), clause (1), licensed peace
officers may use devices designed to silence or muffle the discharge of a firearm for
tactical emergency response operations. Tactical emergency response operations include
execution of high risk search and arrest warrants, incidents of terrorism, hostage rescue,
and any other tactical deployments involving high risk circumstances. The chief law
enforcement officer of a law enforcement agency that has the need to use silencing devices
must establish and enforce a written policy governing the use of the devices.

(b) Notwithstanding subdivision 1a, paragraph (a), clause (1), until July 1, 2011,
an enforcement officer, as defined in section 97A.015, subdivision 18, a wildlife area
manager, an employee designated under section 84.0835, or a person acting under contract
with the commissioner of natural resources new text begin or a local unit of government new text end , at specific
times and locations that are authorized by the commissioner of natural resources may
use devices designed to silence or muffle the discharge of a firearm for wildlife control
operations that require stealth. If the commissioner determines that the use of silencing
devices is necessary under this paragraph, the commissioner must:

(1) establish and enforce a written policy governing the use, possession, and
transportation of the devices;

(2) limit the number of the silencing devices maintained by the Department of
Natural Resources to no more than ten; deleted text begin and
deleted text end

(3) keep direct custody and control of the devices when the devices are not
specifically authorized for use deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) temporarily loan silencing devices to a local unit of government for use in
controlling wildlife, when use of the devices is:
new text end

new text begin (i) requested by the local unit of government;
new text end

new text begin (ii) part of a local wildlife management control plan that is approved by the
commissioner; and
new text end

new text begin (iii) supervised by local peace officers.
new text end