HF 3516

as introduced - 90th Legislature (2017 - 2018) Posted on 03/12/2018 04:26pm

A bill for an act
relating to public safety; raising the minimum age requirement to possess a
semiautomatic military-style assault weapon; expanding the definition of
semiautomatic military-style assault weapon; specifically criminalizing the transfer
of semiautomatic military-style assault weapons to underage persons; amending
Minnesota Statutes 2016, sections 624.712, subdivision 7, by adding subdivisions;
624.713, subdivision 1; 624.7132, subdivision 15; 624.7141, subdivision 1.

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

Section 1.

Minnesota Statutes 2016, section 624.712, subdivision 7, is amended to read:

Subd. 7.

Semiautomatic military-style assault weapon.

(a) "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.

Except as otherwise specifically provided in paragraph (d) this subdivision, 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.

(b) Semiautomatic military-style assault weapon also includes any:

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

(i) a pistol grip or thumbhole stock;

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

(iii) a folding or telescoping stock; or

(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;

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

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

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

(ii) a folding, telescoping, or thumbhole stock;

(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

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

(4) semiautomatic shotgun that has one or more of the following:

(i) a pistol grip or thumbhole stock;

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

(iii) a folding or telescoping stock;

(iv) a fixed magazine capacity in excess of seven rounds; or

(v) an ability to accept a detachable magazine;

(5) shotgun with a revolving cylinder; or

(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.

The term does not include any firearm described in this paragraph that has been made
permanently inoperable.

EFFECTIVE DATE.

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

Sec. 2.

Minnesota Statutes 2016, section 624.712, is amended by adding a subdivision to
read:

Subd. 13.

Detachable magazine.

"Detachable magazine" means an ammunition feeding
device that can be loaded or unloaded while detached from a firearm and readily inserted
into a firearm.

EFFECTIVE DATE.

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

Sec. 3.

Minnesota Statutes 2016, section 624.712, is amended by adding a subdivision to
read:

Subd. 14.

Fixed magazine.

"Fixed magazine" means an ammunition feeding device
contained in, or permanently attached to, a firearm in such a manner that the device cannot
be removed without disassembly of the firearm action.

EFFECTIVE DATE.

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

Sec. 4.

Minnesota Statutes 2016, section 624.713, subdivision 1, is amended to read:

Subdivision 1.

Ineligible persons.

The following persons shall not be entitled to possess
ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause
(1), any other firearm:

(1) a person under the age of 18 21 years except that:

(i) a person under 18 who is 18 years of age or older may possess a pistol;

(ii) a person under the age of 21 years may possess ammunition designed for use in a
firearm that the person may lawfully possess and;

(iii) a person under the age of 18 years may carry or possess a pistol or semiautomatic
military-style assault weapon (i):

(A) in the actual presence or under the direct supervision of the person's parent or
guardian,;

(ii) (B) for the purpose of military drill under the auspices of a legally recognized military
organization and under competent supervision,;

(iii) (C) for the purpose of instruction, competition, or target practice on a firing range
approved by the chief of police or county sheriff in whose jurisdiction the range is located
and under direct supervision; or

(iv) (D) if the person has successfully completed a course designed to teach marksmanship
and safety with a pistol or semiautomatic military-style assault weapon and approved by
the commissioner of natural resources; and

(iv) a person under the age of 21 years may carry or possess a semiautomatic
military-style assault weapon:

(A) in the actual presence or under the direct supervision of the person's parent or
guardian;

(B) for the purpose of military drill under the auspices of a legally recognized military
organization and under competent supervision;

(C) if the person is a member of the armed forces of the United States or the state National
Guard, or a peace officer, to the extent the person possesses the weapon while acting within
the scope of the person's official duties; or

(D) if the person has been honorably discharged from the armed forces of the United
States;

(2) except as otherwise provided in clause (9), a person who has been convicted of, or
adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in
this state or elsewhere, a crime of violence. For purposes of this section, crime of violence
includes crimes in other states or jurisdictions which would have been crimes of violence
as herein defined if they had been committed in this state;

(3) a person who is or has ever been committed in Minnesota or elsewhere by a judicial
determination that the person is mentally ill, developmentally disabled, or mentally ill and
dangerous to the public, as defined in section 253B.02, to a treatment facility, or who has
ever been found incompetent to stand trial or not guilty by reason of mental illness, unless
the person's ability to possess a firearm and ammunition has been restored under subdivision
4;

(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
gross misdemeanor violation of chapter 152, unless three years have elapsed since the date
of conviction and, during that time, the person has not been convicted of any other such
violation of chapter 152 or a similar law of another state; or a person who is or has ever
been committed by a judicial determination for treatment for the habitual use of a controlled
substance or marijuana, as defined in sections 152.01 and 152.02, unless the person's ability
to possess a firearm and ammunition has been restored under subdivision 4;

(5) a person who has been committed to a treatment facility in Minnesota or elsewhere
by a judicial determination that the person is chemically dependent as defined in section
253B.02, unless the person has completed treatment or the person's ability to possess a
firearm and ammunition has been restored under subdivision 4. Property rights may not be
abated but access may be restricted by the courts;

(6) a peace officer who is informally admitted to a treatment facility pursuant to section
253B.04 for chemical dependency, unless the officer possesses a certificate from the head
of the treatment facility discharging or provisionally discharging the officer from the
treatment facility. Property rights may not be abated but access may be restricted by the
courts;

(7) a person, including a person under the jurisdiction of the juvenile court, who has
been charged with committing a crime of violence and has been placed in a pretrial diversion
program by the court before disposition, until the person has completed the diversion program
and the charge of committing the crime of violence has been dismissed;

(8) except as otherwise provided in clause (9), a person who has been convicted in
another state of committing an offense similar to the offense described in section 609.224,
subdivision 3, against a family or household member or section 609.2242, subdivision 3,
unless three years have elapsed since the date of conviction and, during that time, the person
has not been convicted of any other violation of section 609.224, subdivision 3, or 609.2242,
subdivision 3, or a similar law of another state;

(9) a person who has been convicted in this state or elsewhere of assaulting a family or
household member and who was found by the court to have used a firearm in any way
during commission of the assault is prohibited from possessing any type of firearm or
ammunition for the period determined by the sentencing court;

(10) a person who:

(i) has been convicted in any court of a crime punishable by imprisonment for a term
exceeding one year;

(ii) is a fugitive from justice as a result of having fled from any state to avoid prosecution
for a crime or to avoid giving testimony in any criminal proceeding;

(iii) is an unlawful user of any controlled substance as defined in chapter 152;

(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere as
a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the
public, as defined in section 253B.02;

(v) is an alien who is illegally or unlawfully in the United States;

(vi) has been discharged from the armed forces of the United States under dishonorable
conditions;

(vii) has renounced the person's citizenship having been a citizen of the United States;
or

(viii) is disqualified from possessing a firearm under United States Code, title 18, section
922(g)(8) or (9), as amended through March 1, 2014;

(11) a person who has been convicted of the following offenses at the gross misdemeanor
level, unless three years have elapsed since the date of conviction and, during that time, the
person has not been convicted of any other violation of these sections: section 609.229
(crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults motivated
by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a child);
609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring gun); 609.71
(riot); or 609.749 (stalking). For purposes of this paragraph, the specified gross misdemeanor
convictions include crimes committed in other states or jurisdictions which would have
been gross misdemeanors if conviction occurred in this state;

(12) a person who has been convicted of a violation of section 609.224 if the court
determined that the assault was against a family or household member in accordance with
section 609.2242, subdivision 3 (domestic assault), unless three years have elapsed since
the date of conviction and, during that time, the person has not been convicted of another
violation of section 609.224 or a violation of a section listed in clause (11); or

(13) a person who is subject to an order for protection as described in section 260C.201,
subdivision 3, paragraph (d), or 518B.01, subdivision 6, paragraph (g).

A person who issues a certificate pursuant to this section in good faith is not liable for
damages resulting or arising from the actions or misconduct with a firearm or ammunition
committed by the individual who is the subject of the certificate.

The prohibition in this subdivision relating to the possession of firearms other than
pistols and semiautomatic military-style assault weapons does not apply retroactively to
persons who are prohibited from possessing a pistol or semiautomatic military-style assault
weapon under this subdivision before August 1, 1994.

The lifetime prohibition on possessing, receiving, shipping, or transporting firearms and
ammunition for persons convicted or adjudicated delinquent of a crime of violence in clause
(2), applies only to offenders who are discharged from sentence or court supervision for a
crime of violence on or after August 1, 1993.

For purposes of this section, "judicial determination" means a court proceeding pursuant
to sections 253B.07 to 253B.09 or a comparable law from another state.

EFFECTIVE DATE.

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

Sec. 5.

Minnesota Statutes 2016, section 624.7132, subdivision 15, is amended to read:

Subd. 15.

Penalties.

(a) Except as otherwise provided in paragraph (b), a person who
does any of the following is guilty of a gross misdemeanor:

(1) transfers a pistol or semiautomatic military-style assault weapon in violation of
subdivisions 1 to 13;

(2) transfers a pistol or semiautomatic military-style assault weapon to a person who
has made a false statement in order to become a transferee, if the transferor knows or has
reason to know the transferee has made the false statement;

(3) knowingly becomes a transferee in violation of subdivisions 1 to 13; or

(4) makes a false statement in order to become a transferee of a pistol or semiautomatic
military-style assault weapon knowing or having reason to know the statement is false.

(b) A person who does either of the following is guilty of a felony:

(1) transfers a pistol or semiautomatic military-style assault weapon to a person under
the age of 18 or a semiautomatic military-style assault weapon to a person under the age of
21, in violation of subdivisions 1 to 13; or

(2) transfers a pistol or semiautomatic military-style assault weapon to a person under
the age of 18 or a semiautomatic military-style assault weapon to a person under the age of
21, who has made a false statement in order to become a transferee, if the transferor knows
or has reason to know the transferee has made the false statement.

EFFECTIVE DATE.

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

Sec. 6.

Minnesota Statutes 2016, section 624.7141, subdivision 1, is amended to read:

Subdivision 1.

Transfer prohibited.

A person is guilty of a gross misdemeanor who
intentionally transfers a pistol or semiautomatic military-style assault weapon to another if
the person knows that the transferee:

(1) has been denied a permit to carry under section 624.714 because the transferee is
not eligible under section 624.713 to possess a pistol or semiautomatic military-style assault
weapon;

(2) has been found ineligible to possess a pistol or semiautomatic military-style assault
weapon by a chief of police or sheriff as a result of an application for a transferee permit
or a transfer report; or

(3) is disqualified under section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon.; or

(4) is under the age of 21 years and the firearm transferred is a semiautomatic
military-style assault weapon

EFFECTIVE DATE.

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