SF 3352

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/20/2024 03:37pm

A bill for an act
relating to public safety; prohibiting the sale or transfer of a semiautomatic
military-style assault weapon; authorizing a buyback program for these weapons;
appropriating money; amending Minnesota Statutes 2022, section 624.712,
subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 624.

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

Section 1.

Minnesota Statutes 2022, section 624.712, subdivision 7, is amended to read:

Subd. 7.

Semiautomatic military-style assault weapon.

new text begin (a) new text end "Semiautomatic
military-style assault weapon" means:

(1) any of the following firearms:

(i) Avtomat Kalashnikov (AK-47) semiautomatic rifle type;

(ii) Beretta AR-70 and BM-59 semiautomatic rifle types;

(iii) Colt AR-15 semiautomatic rifle type;

(iv) Daewoo Max-1 and Max-2 semiautomatic rifle types;

(v) Famas MAS semiautomatic rifle type;

(vi) Fabrique Nationale FN-LAR and FN-FNC semiautomatic rifle types;

(vii) Galil semiautomatic rifle type;

(viii) Heckler & Koch HK-91, HK-93, and HK-94 semiautomatic rifle types;

(ix) Ingram MAC-10 and MAC-11 semiautomatic pistol and carbine types;

(x) Intratec TEC-9 semiautomatic pistol type;

(xi) Sigarms SIG 550SP and SIG 551SP semiautomatic rifle types;

(xii) SKS with detachable magazine semiautomatic rifle type;

(xiii) Steyr AUG semiautomatic rifle type;

(xiv) Street Sweeper and Striker-12 revolving-cylinder shotgun types;

(xv) USAS-12 semiautomatic shotgun type;

(xvi) Uzi semiautomatic pistol and carbine types; or

(xvii) Valmet M76 and M78 semiautomatic rifle types;

(2) any firearm that is another model made by the same manufacturer as one of the
firearms listed in clause (1), and has the same action design as one of the listed firearms,
and is a redesigned, renamed, or renumbered version of one of the firearms listed in clause
(1), or has a slight modification or enhancement, including but not limited to a folding or
retractable stock; adjustable sight; case deflector for left-handed shooters; shorter barrel;
wooden, plastic, or metal stock; larger clip size; different caliber; or a bayonet mount; and

(3) any firearm that has been manufactured or sold by another company under a licensing
agreement with a manufacturer of one of the firearms listed in clause (1) entered into after
the effective date of Laws 1993, chapter 326, to manufacture or sell firearms that are identical
or nearly identical to those listed in clause (1), or described in clause (2), regardless of the
company of production or country of origin.

The weapons listed in clause (1), except those listed in items (iii), (ix), (x), (xiv), and (xv),
are the weapons the importation of which was barred by the Bureau of Alcohol, Tobacco,
and Firearms of the United States Department of the Treasury in July 1989.

deleted text begin Except as otherwise specifically provided in paragraph (d), a firearm is not a
"semiautomatic military-style assault weapon" if it is generally recognized as particularly
suitable for or readily adaptable to sporting purposes under United States Code, title 18,
section 925, paragraph (d)(3), or any regulations adopted pursuant to that law.
deleted text end

new text begin (b) Semiautomatic military-style assault weapon also includes any:
new text end

new text begin (1) semiautomatic rifle that has the capacity to accept a detachable magazine and has
one or more of the following:
new text end

new text begin (i) a pistol grip or thumbhole stock;
new text end

new text begin (ii) any feature capable of functioning as a protruding grip that can be held by the
nontrigger hand;
new text end

new text begin (iii) a folding or telescoping stock; or
new text end

new text begin (iv) a shroud attached to the barrel, or that partially or completely encircles the barrel,
allowing the bearer to hold the firearm with the nontrigger hand without being burned, but
excluding a slide that encloses the barrel;
new text end

new text begin (2) semiautomatic pistol, or any semiautomatic, centerfire, or rimfire rifle with a fixed
magazine that has the capacity to accept more than ten rounds of ammunition;
new text end

new text begin (3) semiautomatic pistol that has the capacity to accept a detachable magazine and has
one or more of the following:
new text end

new text begin (i) any feature capable of functioning as a protruding grip that can be held by the
nontrigger hand;
new text end

new text begin (ii) a folding, telescoping, or thumbhole stock;
new text end

new text begin (iii) a shroud attached to the barrel, or that partially or completely encircles the barrel,
allowing the bearer to hold the firearm with the nontrigger hand without being burned, but
excluding a slide that encloses the barrel; or
new text end

new text begin (iv) the capacity to accept a detachable magazine at any location outside of the pistol
grip;
new text end

new text begin (4) semiautomatic shotgun that has one or more of the following:
new text end

new text begin (i) a pistol grip or thumbhole stock;
new text end

new text begin (ii) any feature capable of functioning as a protruding grip that can be held by the
nontrigger hand;
new text end

new text begin (iii) a folding or telescoping stock;
new text end

new text begin (iv) a fixed magazine capacity in excess of ten rounds; or
new text end

new text begin (v) an ability to accept a detachable magazine;
new text end

new text begin (5) shotgun with a revolving cylinder; or
new text end

new text begin (6) conversion kit, part, or combination of parts from which an assault weapon can be
assembled if those parts are in the possession or under the control of the same person.
new text end

new text begin Semiautomatic military-style assault weapon does not mean any firearm described in this
paragraph that has been made permanently inoperable.
new text end

Sec. 2.

new text begin [624.7145] SEMIAUTOMATIC MILITARY-STYLE ASSAULT WEAPONS;
TRANSFER PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "transfer" means a sale, gift, loan,
assignment, or other delivery to another, whether or not for consideration.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin It is unlawful for a person to transfer a semiautomatic military-style
assault weapon.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin Subdivision 2 does not apply to a transfer:
new text end

new text begin (1) between any government officer, agent, or employee; member of the armed forces
of the United States; or peace officer for official use by the recipient; or
new text end

new text begin (2) by a dealer that is properly licensed under applicable laws to any branch of the armed
forces of the United States or to a law enforcement agency within Minnesota for use by that
agency or its employees for law enforcement.
new text end

new text begin Subd. 4. new text end

new text begin Penalty. new text end

new text begin A person who violates subdivision 2 is guilty of a felony and may be
sentenced to imprisonment for not more than five years or to payment of a fine of not more
than $25,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end

Sec. 3. new text begin SEMIAUTOMATIC MILITARY-STYLE ASSAULT WEAPON BUYBACK
PROGRAM; APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Program established. new text end

new text begin The commissioner of public safety shall establish
a statewide buyback program to purchase semiautomatic military-style assault weapons.
The program must accept any semiautomatic military-style assault weapon offered, regardless
of the weapon's physical condition, and pay reimbursement at a rate set by the commissioner.
To implement this section, the commissioner may collaborate with state and local law
enforcement agencies to provide buyback locations throughout the state.
new text end

new text begin Subd. 2. new text end

new text begin Appropriation. new text end

new text begin $....... in fiscal year 2024 and $....... in fiscal year 2025 are
appropriated from the general fund to the commissioner of public safety to implement this
section.
new text end

Sec. 4. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall make necessary changes to Minnesota Statutes to reflect
the changes made in this act that prohibit the transfer of semiautomatic military-style assault
weapons. The revisor may make other necessary technical and grammatical changes to
accomplish this.
new text end