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SF 28

as introduced - 89th Legislature (2015 - 2016) Posted on 01/13/2015 08:49am

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

Current Version - as introduced

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A bill for an act
relating to public safety; preventing infringement on the right to keep and bear
arms; proposing coding for new law in Minnesota Statutes, chapter 624.

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

Section 1. new text beginFINDINGS.
new text end

new text begin The legislature finds that the Second Amendment to the Constitution of the United
States reads as follows: "A well regulated militia, being necessary to the security of a free
state, the right of the people to keep and bear arms, shall not be infringed." All federal
acts, laws, orders, rules, or regulations regarding personal firearms, firearm accessories,
and ammunition are a violation of the Second Amendment.
new text end

Sec. 2.

new text begin [624.7121] PROHIBITION ON PARTICIPATION IN FEDERAL
VIOLATIONS OF THE SECOND AMENDMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Declaration. new text end

new text begin The legislature declares that all federal acts, laws,
orders, rules, regulations, whether past, present, or future, in violation of the Second
Amendment to the Constitution of the United States are not authorized by the Constitution
of the United States and violate its true meaning and intent as given by the founders and
ratifiers, and are hereby declared to be invalid in the state, shall not be recognized by the
state, are specifically rejected by the state, and shall be considered null and void and
of no effect in the state.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin Notwithstanding any law or rule to the contrary, no state
agency, political subdivision, or employee of an agency or political subdivision acting in
the employee's official capacity, or corporation providing services on behalf of the state
or a political subdivision shall:
new text end

new text begin (1) enforce any act, law, order, rule, or regulation of the federal government
regarding personal firearms, firearm accessories, or ammunition within state boundaries;
new text end

new text begin (2) provide material support, participation, or assistance in any form, with any
federal agency or employee engaged in the enforcement of any act, law, order, rule, or
regulation of the federal government regarding personal firearms, firearm accessories, or
ammunition within state boundaries, or any investigation pursuant to the enforcement
of any act, law, order, rule, or regulation of the federal government regarding personal
firearms, firearm accessories, or ammunition within state boundaries;
new text end

new text begin (3) utilize any assets, state funds, or funds allocated by the state to local entities on
or after the effective date of this section, in whole or in part, to engage in any activity
that aids a federal agency, federal agent, or corporation providing services to the federal
government in the enforcement of any federal act, law, order, rule, or regulation of the
federal government regarding personal firearms, firearm accessories, or ammunition
within state boundaries, or any investigation pursuant to the enforcement of any act, law,
order, rule, or regulation of the federal government regarding personal firearms, firearm
accessories, or ammunition within state boundaries.
new text end

new text begin Subd. 3. new text end

new text begin Penalties. new text end

new text begin (a) A political subdivision of the state may not receive state
funding if the political subdivision adopts a rule, ordinance, or policy under which the
political subdivision violates subdivision 2. State funding for the political subdivision shall
be denied for the fiscal year following the year in which a final judicial determination in
an action brought under this section is made that the political subdivision has intentionally
required actions which violate the prohibitions in subdivision 2.
new text end

new text begin (b) An agent or employee of the state, or its political subdivision, who knowingly
violates the prohibitions in subdivision 2 shall be deemed to have resigned any position
from the state which the agent or employee may possess, the office shall be deemed
vacant, and the agent or employee shall be ineligible to hold any paid or unpaid position
with the state.
new text end

new text begin (c) A corporation or person that provides services to or on behalf of the state and
violates the prohibitions of subdivision 2 shall be ineligible to act on behalf of, or provide
services to, the state or its political subdivision.
new text end

Sec. 3. new text beginSEVERABILITY.
new text end

new text begin If any provision of this act is found to be unconstitutional and void, the remaining
provisions of this act are valid.
new text end

Sec. 4. new text beginCITATION.
new text end

new text begin This act may be cited as the "Second Amendment Preservation Act."
new text end

Sec. 5. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective the day following final enactment.
new text end