SF 3333

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

A bill for an act
relating to military affairs; authorizing National Guard employees to carry certain
weapons; amending Minnesota Statutes 2004, sections 609.67, subdivisions
3, 5; 626.88, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 609.67, subdivision 3, is amended to read:

Subd. 3.

Uses permitted.

The following persons may own or possess a machine
gun or short-barreled shotgun provided the provisions of subdivision 4 are complied with:

(1) law enforcement officers for use in the course of their duties;

(2) chief executive officers of correctional facilities and other personnel thereof
authorized by them and persons in charge of other institutions for the retention of persons
convicted or accused of crime, for use in the course of their duties;

(3) persons possessing machine guns or short-barreled shotguns which, although
designed as weapons, have been determined by the superintendent of the Bureau
of Criminal Apprehension or the superintendent's delegate by reason of the date of
manufacture, value, design or other characteristics to be primarily collector's items,
relics, museum pieces or objects of curiosity, ornaments or keepsakes, and are not likely
to be used as weapons;

(4) manufacturers of ammunition who possess and use machine guns for the sole
purpose of testing ammunition manufactured for sale to federal and state agencies or
political subdivisions; deleted text begin and
deleted text end

(5) dealers and manufacturers who are federally licensed to buy and sell, or
manufacture machine guns or short-barreled shotguns and who either use the machine
guns or short-barreled shotguns in peace officer training under courses approved by the
Board of Peace Officer Standards and Training, or are engaged in the sale of machine guns
or short-barreled shotguns to federal and state agencies or political subdivisions deleted text begin . deleted text end new text begin ; and
new text end

new text begin (6) persons employed by the Minnesota National Guard as security guards, for use in
accordance with applicable federal military regulations.
new text end

Sec. 2.

Minnesota Statutes 2004, section 609.67, subdivision 5, is amended to read:

Subd. 5.

Exceptions.

This section does not apply to members of the armed services
of either the United States or the state of Minnesota for use in the course of their duties new text begin
or to security guards employed by the Minnesota National Guard for use in accordance
with applicable federal military regulations new text end .

Sec. 3.

Minnesota Statutes 2004, section 626.88, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For the purposes of this section, the following terms
have the meanings given them.

(b) "Peace officer" means an employee of a political subdivision or state law
enforcement agency who is licensed pursuant to sections 626.84 to 626.863 charged
with the prevention and detection of crime and the enforcement of the general criminal
laws of the state and who has full power of arrest, and shall also include Minnesota state
troopers, state conservation officers, park police, constables, and University of Minnesota
police officers.

(c) "Security guard" means any person who is paid a fee, wage or salary to perform
one or more of the following functions:

(1) prevention or detection of intrusion, unauthorized entry or activity, vandalism
or trespass on private property;

(2) prevention or detection of theft, loss, embezzlement, misappropriation, or
concealment of merchandise, money, bonds, stocks, notes, or other valuable documents
or papers;

(3) control, regulation, or direction of the flow or movements of the public, whether
by vehicle or otherwise, to assure protection of private property;

(4) protection of individuals from bodily harm; deleted text begin or
deleted text end

new text begin (5) prevention or detection of intrusion, unauthorized entry or activity, vandalism,
or trespass on Minnesota National Guard facilities, including, but not limited to, Camp
Ripley and Air National Guard Air Bases; or
new text end

deleted text begin (5) deleted text end new text begin (6) new text end enforcement of policies and rules of the security guard's employer related
to crime reduction insofar as such enforcement falls within the scope of security guard's
duties.

The term "security guard" does not include: (i) auditors, accountants, and accounting
personnel performing audits or accounting functions; (ii) employees of a firm licensed
pursuant to section 326.3381 whose duties are primarily administrative or clerical in
nature; (iii) unarmed security personnel; (iv) personnel temporarily employed pursuant
to statute or ordinance by political subdivisions to provide protective services at social
functions; (v) employees of air or rail carriers.