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HF 243

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

1.1 A bill for an act
1.2 relating to public safety; establishing a crime for manufacturing, transferring,
1.3or possessing large-capacity magazines; defining terms; providing criminal
1.4penalties; amending Minnesota Statutes 2012 sections 624.712, by adding a
1.5subdivision; proposing coding for new law in Minnesota Statutes, chapter 624.
1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2012, section 624.712, is amended by adding a
1.8subdivision to read:
1.9    Subd. 12. Large-capacity magazine. "Large-capacity magazine" means any
1.10ammunition feeding device with the capacity to accept more than seven rounds, or any
1.11conversion kit, part, or combination of parts, from which this type of device can be
1.12assembled if those parts are in the possession or under the control of the same person. The
1.13term does not include any of the following:
1.14(1) a feeding device that has been permanently altered so that it cannot accommodate
1.15more than seven rounds;
1.16(2) a .22 caliber tube ammunition feeding device; or
1.17(3) a tubular magazine that is contained in a lever-action firearm.
1.18EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
1.19committed on or after that date.

1.20    Sec. 2. [624.7133] LARGE-CAPACITY MAGAZINES PROHIBITED.
1.21    Subdivision 1. Definition. As used in this section, "transfer" means a sale, gift,
1.22loan, assignment, or other delivery to another, whether or not for consideration, of a
1.23large-capacity magazine.
2.1    Subd. 2. Prohibition. It is unlawful for a person to manufacture, import, transfer, or
2.2possess a large-capacity magazine.
2.3    Subd. 3. Exceptions. Subdivision 2 does not apply to:
2.4(1) any government officer, agent, or employee; member of the armed forces of the
2.5United States; or peace officer, to the extent that the person is otherwise authorized to
2.6acquire or possess a large-capacity magazine and does so while acting within the scope of
2.7the person's duties;
2.8(2) the manufacture of a large-capacity magazine by a firearms manufacturer for
2.9the purpose of sale to any branch of the armed forces of the United States, or to a law
2.10enforcement agency within Minnesota for use by that agency or its employees, provided
2.11the manufacturer is properly licensed under applicable laws; or
2.12(3) the transfer of a large-capacity magazine by a dealer that is properly licensed
2.13under applicable laws to any branch of the armed forces of the United States, or to a
2.14law enforcement agency within Minnesota for use by that agency or its employees for
2.15law enforcement purposes.
2.16    Subd. 4. Penalty. (a) A person who violates subdivision 2 is guilty of a felony and
2.17may be sentenced to imprisonment for not more than five years or to payment of a fine of
2.18not more than $25,000, or both.
2.19    (b) A person listed in section 624.713, subdivision 1, clauses (3) to (11), who
2.20violates subdivision 2, is guilty of a felony and may be sentenced to imprisonment for not
2.21more than ten years or to payment of a fine of not more than $50,000, or both.
2.22    (c) A person listed in section 624.713, subdivision 1, clause (2), who violates
2.23subdivision 2, is guilty of a felony and may be sentenced to imprisonment for not more
2.24than 20 years or to payment of a fine of not more than $100,000, or both.
2.25EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
2.26committed on or after that date.

2.27    Sec. 3. PERSONS POSSESSING LARGE-CAPACITY MAGAZINES ON
2.28EFFECTIVE DATE OF ACT; REQUIRED ACTIONS.
2.29Any person who, on August 1, 2013, is in possession of a large-capacity magazine
2.30has 120 days to do either of the following without being subject to prosecution under
2.31Minnesota Statutes, section 624.7133:
2.32(1) remove the large-capacity magazine from the state; or
2.33(2) surrender the large-capacity magazine to a law enforcement agency for
2.34destruction.
3.1EFFECTIVE DATE.This section is effective the day following final enactment.

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