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SF 400

as introduced - 88th Legislature (2013 - 2014) Posted on 02/14/2013 08:33am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; firearms; providing that any new federal law designed
to ban or limit any personal firearm, magazine, accessory, or ammunition or to
require the registration of any firearm or firearm owner shall be unenforceable;
providing for criminal penalties; proposing coding for new law in Minnesota
Statutes, chapter 624.

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

Section 1.

new text begin [624.7192] FIREARM PROTECTION ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, the term "new federal
firearms law" means any act, law, statute, rule, regulation, or order by or under any
authority of the United States Government that:
new text end

new text begin (1) is substantially and directly or indirectly related to any personal firearm, firearm
magazine, other firearm accessory, or firearm ammunition that:
new text end

new text begin (i) was owned or possessed by a resident of Minnesota on the effective date of the
federal act, law, statute, rule, regulation, or order, or its pertinent provision if different, and
has thereafter remained exclusively within the borders of Minnesota; or
new text end

new text begin (ii) has been, is being, or will be manufactured commercially or privately in
Minnesota and thereafter remains exclusively within the borders of Minnesota; or
new text end

new text begin (2) in any manner directly or indirectly requires the registration, licensing, listing, or
enrollment of any firearm described by clause (1), or the identity of any person who owns
or possesses any firearm described by clause (1).
new text end

new text begin Subd. 2. new text end

new text begin State's rights; prohibition; penalty. new text end

new text begin (a) Notwithstanding any other law,
rule, regulation, or order to the contrary, no person, including but not limited to any
federal, state, or local governmental official, employee, or agent, shall enforce or attempt
to enforce within this state any new federal firearms law, as defined in subdivision 1.
new text end

new text begin (b) Any person, including but not limited to any federal, state, or local governmental
official, employee, or agent, who knowingly violates paragraph (a) is guilty of a felony,
and may be punished by up to five years imprisonment and a $5,000 fine.
new text end

new text begin Subd. 3. new text end

new text begin Enforceability; new federal firearms law. new text end

new text begin Notwithstanding any other law,
rule, regulation, or order to the contrary, no new federal firearms law shall be enforceable
within the borders of the state of Minnesota if it is designed or attempts in any manner:
new text end

new text begin (1) to ban or restrict any personal firearm, firearm magazine, other firearm accessory,
or firearm ammunition; or
new text end

new text begin (2) to require any personal firearm, firearm magazine, other firearm accessory, or
firearm ammunition, or the owner of any personal firearm, firearm magazine, other firearm
accessory, or firearm ammunition, to register or be licensed, listed, or enrolled in any
direct or indirect manner by or with any federal, state, or local governmental department,
agency, bureau, or official.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section, except for subdivision 2, paragraph (b), is
effective the day following final enactment. Subdivision 2, paragraph (b), is effective
August 1, 2013, and applies to crimes committed on or after that date.
new text end