SF 3476

as introduced - 90th Legislature (2017 - 2018) Posted on 03/16/2018 08:48am

A bill for an act
relating to public safety; prohibiting transfer of a firearm without a safety device;
requiring rules and standards to be adopted for firearm safety devices; imposing
criminal penalties; appropriating money; proposing coding for new law in
Minnesota Statutes, chapter 299C.

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

Section 1.

new text begin [299C.80] FIREARMS SAFETY DEVICES; MINIMUM STANDARDS;
DEVICES REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section:
new text end

new text begin (1) "commissioner" means the commissioner of public safety;
new text end

new text begin (2) "firearm safety device" means a device, other than a gun safe, that locks and is
designed to prevent children and other unauthorized users from firing a firearm; and
new text end

new text begin (3) "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 Minimum standards; rules required. new text end

new text begin The commissioner shall adopt rules
setting minimum standards for firearm safety devices and for firearms that have firearm
safety devices incorporated into their design. In adopting the rules, the commissioner shall
study the minimum standards set by other states for these items and incorporate the best
elements from those states into the standards.
new text end

new text begin Subd. 3. new text end

new text begin Required testing. new text end

new text begin (a) A manufacturer of a firearm safety device or a firearm
that has a firearm safety device incorporated into the firearm's design or any other interested
party that wishes to sell the device or firearm in Minnesota may submit a representative
model of the item to the commissioner for testing. The commissioner shall conduct an
independent test on the item to determine if it meets the minimum standards adopted under
subdivision 2.
new text end

new text begin (b) The commissioner shall maintain and continually update a list of firearm safety
devices and firearms that have been tested under paragraph (a) and have been determined
to have met the minimum standards adopted under subdivision 2. This list must be published
on the department's Web site and be made readily available to the public.
new text end

new text begin Subd. 4. new text end

new text begin Prohibition of transfers. new text end

new text begin (a) No firearm safety device may be transferred of
a type that has not been tested and approved under this section.
new text end

new text begin (b) No firearm may be transferred that is not accompanied with a firearm safety device
of a type tested and approved by the commissioner under this section. The transferor of a
firearm is required to provide the device to the transferee at the time of the transfer. This
paragraph does not apply if:
new text end

new text begin (1) the firearm has a firearm safety device incorporated into the firearm's design and the
firearm is of a type that has been tested and approved by the commissioner under this section;
or
new text end

new text begin (2) the transferee presents at the time of transfer a firearm safety device of a type that
has been tested and approved by the commissioner under this section and that is compatible
with the firearm being transferred.
new text end

new text begin Subd. 5. new text end

new text begin Penalty. new text end

new text begin A person who knowingly violates this section is guilty of a
misdemeanor.
new text end

new text begin Subd. 6. new text end

new text begin Exceptions. new text end

new text begin This section does not apply to:
new text end

new text begin (1) transfers of antique firearms;
new text end

new text begin (2) a loan that is intended to be for a period of no more than one day;
new text end

new text begin (3) the delivery of a pistol to a person for the purpose of repair, reconditioning, or
remodeling;
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new text begin (4) a loan by a teacher to a student in a course designed to teach marksmanship or safety
and approved by the commissioner of natural resources;
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new text begin (5) a loan between persons lawfully engaged in hunting or target shooting if the loan is
intended for a period of no more than seven days;
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new text begin (6) a loan between peace officers;
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new text begin (7) a transfer to a peace officer or member of the armed forces of the United States or
the state National Guard;
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new text begin (8) a transfer to a federally licensed firearms dealer; or
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new text begin (9) a transfer between adult immediate family members, which for the purposes of this
section means spouses, domestic partners, parents, step-parents, children, step-children,
siblings, step-siblings, grandparents, step-grandparents, grandchildren, and
step-grandchildren.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated to the commissioner of public safety from the general fund for the
fiscal year ending June 30, 2019, to implement section 1.
new text end