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HF 241

as introduced - 88th Legislature (2013 - 2014) Posted on 01/31/2013 01:23pm

KEY: stricken = removed, old language. underscored = added, new language.

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Current Version - as introduced

A bill for an act
relating to public safety; establishing a crime for manufacturing, transferring, or
possessing certain assault weapons; providing for the disposal or registration of
existing assault weapons; defining terms; classifying data; clarifying language;
providing criminal penalties;amending Minnesota Statutes 2012, sections
13.87, subdivision 2; 624.712, subdivision 7, by adding subdivisions; 624.713;
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 2012, section 13.87, subdivision 2, is amended to read:


Subd. 2.

Firearms data.

All data pertaining to the purchase or transfer of firearms,
the possession of assault weapons,
and applications for permits to carry firearms which
that are collected by government entities pursuant to sections 624.712 to 624.719 are
private, pursuant to section 13.02, subdivision 12 data on individuals.

EFFECTIVE DATE.

This section is effective September 1, 2013.

Sec. 2.

Minnesota Statutes 2012, section 624.712, subdivision 7, is amended to read:


Subd. 7.

Semiautomatic military-style Assault weapon.

"Semiautomatic
military-style
Assault weapon" means any:

(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), 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.

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

(3) semi-automatic 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) semi-automatic 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 that has been made permanently inoperable.

EFFECTIVE DATE.

This section is effective September 1, 2013, and applies
to crimes committed on or after that date.

Sec. 3.

Minnesota Statutes 2012, section 624.712, is amended by adding a subdivision
to read:


Subd. 12.

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 September 1, 2013, and applies
to crimes committed on or after that date.

Sec. 4.

Minnesota Statutes 2012, section 624.712, is amended by adding a subdivision
to read:


Subd. 13.

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 September 1, 2013, and applies
to crimes committed on or after that date.

Sec. 5.

Minnesota Statutes 2012, section 624.713, is amended to read:


624.713 CERTAIN PERSONS NOT TO POSSESS FIREARMS.

Subdivision 1.

Ineligible persons.

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

(1) a person under the age of 18 years except that a person under 18 may carry or
possess a pistol or semiautomatic military-style assault weapon: (i) in the actual presence
or under the direct supervision of the person's parent or guardian, (ii) for the purpose
of military drill under the auspices of a legally recognized military organization and
under competent supervision, (iii) 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) 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;

(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 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 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 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 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; or

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

(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.

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 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
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.

Subd. 1a.

Ineligible to receive, ship, transport.

A person presently charged with a
crime punishable by imprisonment for a term exceeding one year shall not be entitled to
receive, ship, or transport any pistol or semiautomatic military-style assault weapon. A
violation of this subdivision is a gross misdemeanor.

Subd. 2.

Penalties.

(a) A person named in subdivision 1, clause (1), who possesses
a pistol or semiautomatic military-style assault weapon 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 $10,000, or both.

(b) A person named in subdivision 1, clause (2), who possesses any type of firearm
other than an assault weapon is guilty of a felony and may be sentenced to imprisonment
for not more than 15 years or to payment of a fine of not more than $30,000, or both. This
paragraph does not apply to any person who has received a relief of disability under
United States Code, title 18, section 925, or whose ability to possess firearms has been
restored under section 609.165, subdivision 1d.

(c) A person named in any other clause of subdivision 1 who possesses any type of
firearm other than an assault weapon is guilty of a gross misdemeanor.

Subd. 3.

Notice.

(a) When a person is convicted of, or adjudicated delinquent or
convicted as an extended jurisdiction juvenile for committing, a crime of violence as
defined in section 624.712, subdivision 5, the court shall inform the defendant that the
defendant is prohibited from possessing a pistol or semiautomatic military-style assault
weapon
firearm for the remainder of the person's lifetime, and that it is a felony offense to
violate this prohibition. The failure of the court to provide this information to a defendant
does not affect the applicability of the pistol or semiautomatic military-style assault
weapon
firearm possession prohibition or the felony penalty to that defendant.

(b) When a person, including a person under the jurisdiction of the juvenile court,
is charged with committing a crime of violence and is placed in a pretrial diversion
program by the court before disposition, the court shall inform the defendant that: (1) the
defendant is prohibited from possessing a pistol or semiautomatic military-style assault
weapon
firearm until the person has completed the diversion program and the charge
of committing a crime of violence has been dismissed; (2) it is a gross misdemeanor
offense to violate this prohibition; and (3) if the defendant violates this condition of
participation in the diversion program, the charge of committing a crime of violence may
be prosecuted. The failure of the court to provide this information to a defendant does not
affect the applicability of the pistol or semiautomatic military-style assault weapon firearm
possession prohibition or the gross misdemeanor penalty to that defendant.

Subd. 4.

Restoration of firearms eligibility to civilly committed person; petition
authorized.

(a) A person who is prohibited from possessing a firearm under subdivision
1, due to commitment resulting from a judicial determination that the person is mentally
ill, developmentally disabled, mentally ill and dangerous, or chemically dependent, may
petition a court to restore the person's ability to possess a firearm.

(b) The court may grant the relief sought in paragraph (a) in accordance with
the principles of due process if the circumstances regarding the person's disqualifying
condition and the person's record and reputation are determined to be such that:

(1) the person is not likely to act in a manner that is dangerous to public safety; and

(2) the granting of relief would not be contrary to the public interest.

(c) When determining whether a person has met the requirement of paragraph (b),
clause (1), the court may consider evidence from a licensed medical doctor or clinical
psychologist that the person is no longer suffering from the disease or condition that
caused the disability or that the disease or condition has been successfully treated for a
period of three consecutive years.

(d) Review on appeal shall be de novo.

EFFECTIVE DATE.

This section is effective September 1, 2013, and applies
to crimes committed on or after that date.

Sec. 6.

[624.7133] ASSAULT WEAPONS PROHIBITED.

Subdivision 1.

Definition.

As used in this section, "transfer" means a sale, gift, loan,
assignment, or other delivery to another, whether or not for consideration, of an assault
weapon.

Subd. 2.

Prohibition.

It is unlawful for a person to manufacture, import, transfer, or
possess an assault weapon.

Subd. 3.

Exceptions.

Subdivision 2 does not apply to:

(1) the possession of an assault weapon that was lawfully possessed under both
state and federal law before February 1, 2013, if the weapon is properly registered as
provided in subdivision 5;

(2) 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 an assault weapon, and does so while acting within the scope of
the person's duties;

(3) the manufacture of an 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

(4) the transfer of an 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 purposes.

Subd. 4.

Penalty.

(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.

(b) A person listed in section 624.713, subdivision 1, clauses (3) to (11), 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.

(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.

(d) The penalties described in this subdivision do not apply to persons who possess
assault weapons and who are in full compliance with subdivision 5.

Subd. 5.

Registration of assault weapons.

(a) A person who legally owned or
possessed an assault weapon before February 1, 2013, and who desires to keep ownership
or possession of the weapon shall comply with the following requirements:

(1) submit to a background check conducted by the chief of police of the
municipality in which the person resides, or if there is no police department the sheriff
of the county in which the person resides, to confirm the person is not prohibited from
possessing a firearm under state or federal law; and

(2) unless the person is currently prohibited by law from possessing a firearm,
immediately register the weapon with the appropriate law enforcement agency.

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

(1) safely and securely store the assault weapon pursuant to the regulations adopted
by the appropriate law enforcement agency;

(2) agree to allow the agency to inspect the storage of the weapon to ensure
compliance with this subdivision;

(3) annually renew the registration, subject to the completion of a new background
check;

(4) possess the weapon only on property owned or immediately controlled by the
person, or while engaged in the legal use of the weapon at a duly licensed firing range, or
while transporting the weapon in compliance with United States Code, title 18, section
926A; and

(5) report the loss or theft of the weapon 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.

(c) Registered assault weapons may not be purchased or transferred, except for
transfer to the appropriate law enforcement agency for the purpose of surrendering the
weapon for destruction.

(d) The registered owner or possessor of an assault weapon may not purchase
additional assault weapons.

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

(f) Persons acquiring an assault weapon by inheritance, bequest, or succession shall,
within 120 days of acquiring title, do one of the following:

(1) surrender the weapon to a law enforcement agency for destruction; or

(2) modify the weapon to render it permanently inoperable.

(g) Each chief of police and sheriff shall do the following regarding assault weapons
registered under this subdivision:

(1) adopt regulations specifying how a person who registers a weapon shall safely
and securely store it when it is not being used;

(2) implement a policy of inspecting the storage of weapons; and

(3) conduct background checks and implement a registration system.

EFFECTIVE DATE.

This section is effective September 1, 2013, and applies
to crimes committed on or after that date.

Sec. 7. PERSONS POSSESSING ASSAULT WEAPONS ON EFFECTIVE DATE
OF ACT; REQUIRED ACTIONS.

Any person who, on February 1, 2013, legally owns or is in possession of an assault
weapon has until September 1, 2013, to do any of the following without being subject to
prosecution under Minnesota Statutes, section 624.7133:

(1) remove the weapon from the state;

(2) surrender the weapon to a law enforcement agency for destruction;

(3) render the weapon permanently inoperable; or

(4) if eligible, register the weapon as provided in Minnesota Statutes, section
624.7133, subdivision 5.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 8. REVISOR'S INSTRUCTION.

The revisor of statutes shall strike references to "semiautomatic military-style assault
weapons" in Minnesota Statutes, sections 609.66, subdivision 1f; 624.712, subdivision 6;
624.7131, subdivisions 1, 4, and 10; 624.7132, subdivisions 1, 3, 4, 5, 6, 9, 10, 12, 13, 14,
and 15; 624.7141, subdivisions 1 and 3; and 624.7181, subdivision 2. The revisor shall
replace all other references to "semiautomatic military-style assault weapons" in statute
with "assault weapons."

EFFECTIVE DATE.

This section is effective September 1, 2013.

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