as introduced - 93rd Legislature (2023 - 2024) Posted on 02/26/2024 04:11pm
Engrossments | ||
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Introduction | Posted on 02/12/2024 |
A bill for an act
relating to public safety; banning possession of large-capacity ammunition
magazines, semiautomatic military-style assault weapons, .50 caliber or larger
firearms, undetectable firearms, and other weapons; amending Minnesota Statutes
2022, section 624.712, subdivision 7, by adding subdivisions; proposing coding
for new law in Minnesota Statutes, chapter 624.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 624.712, subdivision 7, is amended to read:
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.
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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.
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(b) Semiautomatic military-style assault weapon also includes any:
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(1) semiautomatic rifle that has the capacity to accept a detachable magazine and has
one or more of the following:
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(i) a pistol grip or thumbhole stock;
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(ii) any feature capable of functioning as a protruding grip that can be held by the
nontrigger hand;
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(iii) a folding or telescoping stock; or
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(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;
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(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;
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(3) semiautomatic pistol that has the capacity to accept a detachable magazine and has
one or more of the following:
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(i) any feature capable of functioning as a protruding grip that can be held by the
nontrigger hand;
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(ii) a folding, telescoping, or thumbhole stock;
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(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
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(iv) the capacity to accept a detachable magazine at any location outside of the pistol
grip;
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(4) semiautomatic shotgun that has one or more of the following:
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(i) a pistol grip or thumbhole stock;
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(ii) any feature capable of functioning as a protruding grip that can be held by the
nontrigger hand;
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(iii) a folding or telescoping stock;
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(iv) a fixed magazine capacity in excess of ten rounds; or
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(v) an ability to accept a detachable magazine;
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(5) shotgun with a revolving cylinder; or
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(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.
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Semiautomatic military-style assault weapon does not mean any firearm described in this
paragraph that has been made permanently inoperable.
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Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision to
read:
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"Firearm" has the meaning given in section 609.666, subdivision
1.
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Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision to
read:
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"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. Large-capacity magazine does
not mean any of the following:
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(1) a feeding device that has been permanently altered so that it cannot accommodate
more than ten rounds;
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(2) a .22 caliber tube ammunition feeding device; or
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(3) a tubular magazine that is contained in a lever-action firearm.
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This section is effective August 1, 2024.
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Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision to
read:
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".50 caliber or larger firearm" means a firearm
that is capable of expelling a metal projectile that measures one-half inch or larger in diameter
but does not include an antique or replica firearm that uses black powder.
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As used in this section:
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(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
municipal police department where the person resides;
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(2) "transfer" means a sale, gift, loan, assignment, or other delivery to another, whether
or not for consideration; and
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(3) "undetectable firearm" means a firearm that is not detectable by a metal detector
under United States Code, title 18, section 922(p), or a firearm that can be readily modified
to become undetectable.
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It is unlawful for a person to manufacture, import, transfer, own,
or possess large-capacity magazines, .50 caliber or larger firearms, semiautomatic
military-style assault weapons, or undetectable firearms.
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Subdivision 2 does not apply to:
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(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, .50 caliber or larger firearm, or semiautomatic
military-style assault weapon and does so while acting within the scope of the person's
duties;
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(2) the manufacture of a large-capacity magazine, .50 caliber or larger firearm, or
semiautomatic military-style assault weapon 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
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(3) the transfer of a large-capacity magazine, .50 caliber or larger firearm, or
semiautomatic military-style assault weapon 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,
provided that the dealer does not have the large-capacity magazine, .50 caliber or larger
firearm, or semiautomatic military-style assault weapon in possession for more than 120
days from the date of acquisition to the date of delivery to the armed forces or law
enforcement purchaser.
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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.
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(a) A person who legally
owned or possessed a large-capacity magazine, .50 caliber or larger firearm, or semiautomatic
military-style assault weapon before January 1, 2024, and who desires to keep ownership
or possession of the device shall register it before January 1, 2025, with the Bureau of
Criminal Apprehension and provide notice of the registration to the person's local law
enforcement agency.
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(b) A person described in paragraph (a) shall comply with all of the following:
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(1) safely and securely store the device pursuant to rules adopted by the bureau;
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(2) renew the registration every three years;
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(3) 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
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(4) 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.
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(c) Registered large-capacity magazines, .50 caliber or larger firearms, or semiautomatic
military-style assault weapons may not be transferred, except for transfer to the bureau for
the purpose of surrendering the item for destruction.
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(d) The registered owner or possessor of a large-capacity magazine, .50 caliber or larger
firearm, or semiautomatic military-style assault weapon may not purchase or receive
additional large-capacity magazines, .50 caliber or larger firearms, or semiautomatic
military-style assault weapons.
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(e) The bureau may charge a fee for each registration and registration renewal pursuant
to this subdivision.
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(f) A person acquiring a large-capacity magazine, .50 caliber or larger firearm, or
semiautomatic military-style assault weapon by inheritance, bequest, or succession shall,
within 120 days of acquiring title, do one of the following:
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(1) surrender the device to the bureau for destruction;
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(2) modify the device to render it permanently inoperable;
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(3) for a large-capacity magazine, permanently alter the device so it cannot accommodate
more than ten rounds; or
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(4) remove the device from the state.
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(g) A person who owned or possessed a large-capacity magazine, .50 caliber or larger
firearm, or semiautomatic military-style assault weapon before January 1, 2024, who does
not wish to register the device as required in this subdivision shall do one of the following
before January 1, 2025:
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(1) surrender the device to the bureau for destruction;
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(2) modify the device to render it permanently inoperable;
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(3) for a large-capacity magazine, permanently alter the device so it cannot accommodate
more than ten rounds; or
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(4) remove the device from the state.
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(h) The bureau shall do the following regarding large-capacity magazines, .50 caliber
or larger firearms, or semiautomatic military-style assault weapons registered under this
subdivision:
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(1) adopt rules specifying how a person who registers a large-capacity magazine, .50
caliber or larger firearm, or semiautomatic military-style assault weapon shall safely and
securely store it when it is not being used; and
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(2) implement a registration system.
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This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
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