SF 3331

as introduced - 90th Legislature (2017 - 2018) Posted on 03/20/2018 09:43am

A bill for an act
relating to public safety; establishing a crime for manufacturing, transferring, or
possessing large-capacity magazines; defining terms; providing criminal penalties;
amending Minnesota Statutes 2016, section 624.712, by adding a subdivision;
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 2016, section 624.712, is amended by adding a subdivision
to read:

new text begin Subd. 13. new text end

new text begin Large-capacity magazine. new text end

new text begin "Large-capacity magazine" means any ammunition
feeding device with the capacity to accept more than ten rounds, or any conversion kit, part,
or combination of parts from which this type of device can be assembled if those parts are
in the possession or under the control of the same person. The term does not include any of
the following:
new text end

new text begin (1) a feeding device that has been permanently altered so that it cannot accommodate
more than ten rounds;
new text end

new text begin (2) a .22 caliber tube ammunition feeding device; or
new text end

new text begin (3) a tubular magazine that is contained in a lever-action firearm.
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 [624.7134] LARGE-CAPACITY MAGAZINES PROHIBITED.
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) "appropriate law enforcement agency" means the organized full-time police
department of the municipality where the person resides or the county sheriff if there is no
such police department where the person resides; and
new text end

new text begin (2) "transfer" means a sale, gift, loan, assignment, or other delivery of a large-capacity
magazine 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 manufacture, import, transfer, own,
or possess a large-capacity magazine.
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:
new text end

new text begin (1) any government officer, agent, or employee; member of the armed forces of the
United States; or peace officer, to the extent that the person is otherwise authorized to acquire
or possess a large-capacity magazine and does so while acting within the scope of the
person's duties;
new text end

new text begin (2) the manufacture of a large-capacity magazine by a firearms manufacturer for the
purpose of sale 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, provided the manufacturer
is properly licensed under applicable laws; or
new text end

new text begin (3) the transfer of a large-capacity magazine 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
purposes.
new text end

new text begin Subd. 4. new text end

new text begin Penalty. new text end

new text begin (a) 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 (b) A person listed in section 624.713, subdivision 1, clauses (3) to (13), who violates
subdivision 2 is guilty of a felony and may be sentenced to imprisonment for not more than
ten years or to payment of a fine of not more than $50,000, or both.
new text end

new text begin (c) A person listed in section 624.713, subdivision 1, clause (2), who violates subdivision
2 is guilty of a felony and may be sentenced to imprisonment for not more than 20 years or
to payment of a fine of not more than $100,000, or both.
new text end

new text begin Subd. 5. new text end

new text begin Current owners; registration of large-capacity magazines. new text end

new text begin (a) A person who
legally owned or possessed a large-capacity magazine before February 1, 2018, and who
desires to keep ownership or possession of the device shall immediately register it with the
appropriate law enforcement agency.
new text end

new text begin (b) A person described in paragraph (a) shall comply with all of the following:
new text end

new text begin (1) safely and securely store the device pursuant to the regulations adopted by the
appropriate law enforcement agency;
new text end

new text begin (2) agree to allow the appropriate law enforcement agency to inspect the storage of the
device to ensure compliance with this subdivision;
new text end

new text begin (3) annually renew the registration;
new text end

new text begin (4) possess the device only on property owned or immediately controlled by the person,
or while engaged in the legal use of the device at a duly licensed firing range, or while
transporting the item in compliance with applicable law; and
new text end

new text begin (5) report the loss or theft of the device to the appropriate law enforcement agency within
48 hours of the time the discovery of the loss or theft was made or should have been made.
new text end

new text begin (c) Registered large-capacity magazines may not be transferred, except for transfer to
the appropriate law enforcement agency for the purpose of surrendering the item for
destruction.
new text end

new text begin (d) The registered owner or possessor of a large-capacity magazine may not purchase
or receive additional large-capacity magazines.
new text end

new text begin (e) The appropriate law enforcement agency may charge a fee for each registration and
registration renewal pursuant to this subdivision.
new text end

new text begin (f) Persons acquiring a large-capacity magazine by inheritance, bequest, or succession
shall, within 120 days of acquiring title, do one of the following:
new text end

new text begin (1) surrender the device to the appropriate law enforcement agency for destruction;
new text end

new text begin (2) modify the device to render it permanently inoperable;
new text end

new text begin (3) permanently alter the device so it cannot accommodate more than ten rounds; or
new text end

new text begin (4) remove the device from the state.
new text end

new text begin (g) A person who owned or possessed a large-capacity magazine before February 1,
2018, who does not wish to register the device as required in this subdivision shall
immediately do one of the following:
new text end

new text begin (1) surrender the device to the appropriate law enforcement agency for destruction;
new text end

new text begin (2) modify the device to render it permanently inoperable;
new text end

new text begin (3) permanently alter the device so it cannot accommodate more than ten rounds; or
new text end

new text begin (4) remove the device from the state.
new text end

new text begin (h) Each chief of police and sheriff shall do the following regarding large-capacity
magazines registered under this subdivision:
new text end

new text begin (1) adopt regulations specifying how a person who registers a large-capacity magazine
shall safely and securely store it when it is not being used;
new text end

new text begin (2) implement a policy of inspecting the storage of large-capacity magazines; and
new text end

new text begin (3) implement a registration system.
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