Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 439-S.F.No. 2134 
           An act relating to crime; imposing penalties on 
          persons who commit a gross misdemeanor or felony while 
          wearing or possessing a bullet-resistant vest; 
          permitting summary forfeiture of weapons used to 
          commit a controlled substance offense; permitting 
          summary forfeiture of bullet-resistant vests worn or 
          possessed during the commission of a crime; increasing 
          the penalty for furnishing firearms to a minor, 
          intentionally discharging a firearm under 
          circumstances that endanger another, and selling a 
          firearm with a silencer; clarifying that ammunition 
          manufacturers and federally licensed dealers may sell 
          to government agencies; amending Minnesota Statutes 
          1988, sections 609.5316, subdivision 3; 609.66, 
          subdivision 1, and by adding a subdivision; and 
          609.67, subdivision 3; proposing coding for new law in 
          Minnesota Statutes, chapter 609. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [609.486] [COMMISSION OF CRIME WHILE WEARING OR 
POSSESSING A BULLET-RESISTANT VEST.] 
    A person who commits or attempts to commit a gross 
misdemeanor or felony while wearing or possessing a 
bullet-resistant vest is guilty of a felony and, upon 
conviction, shall be sentenced to imprisonment for not more than 
five years or to payment of a fine of not more than $10,000, or 
both.  Notwithstanding section 609.04, a prosecution for or 
conviction under this section is not a bar to conviction of or 
punishment for any other crime committed by the defendant as 
part of the same conduct. 
    As used in this section, "bullet-resistant vest" means a 
bullet-resistant garment that provides ballistic and trauma 
protection. 
    Sec. 2.  Minnesota Statutes 1988, section 609.5316, 
subdivision 3, is amended to read: 
    Subd. 3.  [WEAPONS AND BULLET-RESISTANT VESTS.] Weapons 
used are contraband and must be summarily forfeited to the 
appropriate agency upon conviction of the weapon's owner or 
possessor for a controlled substance crime or for any offense of 
this chapter.  Bullet-resistant vests, as defined in section 1, 
worn or possessed during the commission or attempted commission 
of a crime are contraband and must be summarily forfeited to the 
appropriate agency upon conviction of the owner or possessor for 
a controlled substance crime or for any offense of this 
chapter.  Notwithstanding this subdivision, weapons used and 
bullet-resistant vests worn or possessed may be forfeited 
without a conviction under sections 609.531 to 609.5315. 
    Sec. 3.  Minnesota Statutes 1988, section 609.66, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ACTS PROHIBITED MISDEMEANOR.] Whoever does 
any of the following is guilty of a misdemeanor: 
    (1) recklessly handles or uses a gun or other dangerous 
weapon or explosive so as to endanger the safety of another; or 
    (2) intentionally points a gun of any kind, capable of 
injuring or killing a human being and whether loaded or 
unloaded, at or toward another; or 
    (3) manufactures or sells for any unlawful purpose any 
weapon known as a slungshot or sand club; or 
    (4) manufactures, transfers, or possesses metal knuckles or 
a switch blade knife opening automatically; or 
    (5) possesses any other dangerous article or substance for 
the purpose of being used unlawfully as a weapon against 
another; or 
    (6) sells or has in possession any device designed to 
silence or muffle the discharge of a firearm; or 
    (7) without the parent's or guardian's consent, furnishes a 
child under 14 years of age, or as a parent or guardian permits 
the child to handle or use, outside of the parent's or 
guardian's presence, a firearm or airgun of any kind, or any 
ammunition or explosive; or 
    (8) in any municipality of this state, furnishes a minor 
under 18 years of age with a firearm, airgun, ammunition, or 
explosive without the written consent of the minor's parent or 
guardian or of the police department of the municipality.  
    Sec. 4.  Minnesota Statutes 1988, section 609.66, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [FELONY.] Whoever does any of the following is 
guilty of a felony and may be sentenced to imprisonment for not 
more than two years or to payment of a fine of not more than 
$5,000, or both: 
    (1) sells or has in possession any device designed to 
silence or muffle the discharge of a firearm; 
    (2) in any municipality of this state, furnishes a minor 
under 18 years of age with a firearm, airgun, ammunition, or 
explosive without the written consent of the minor's parent or 
guardian or of the police department of the municipality; or 
    (3) intentionally discharges a firearm under circumstances 
that endanger the safety of another. 
    Sec. 5.  Minnesota Statutes 1988, section 609.67, 
subdivision 3, is amended to read: 
    Subd. 3.  [USES PERMITTED.] The following persons may own 
or possess a machine gun or short-barreled shotgun provided the 
provisions of subdivision 4 are complied with: 
    (1) law enforcement officers for use in the course of their 
duties; 
    (2) chief executive officers of correctional facilities and 
other personnel thereof authorized by them and persons in charge 
of other institutions for the retention of persons convicted or 
accused of crime, for use in the course of their duties; 
    (3) persons possessing machine guns or short-barreled 
shotguns which, although designed as weapons, have been 
determined by the superintendent of the bureau of criminal 
apprehension or the superintendent's delegate by reason of the 
date of manufacture, value, design or other characteristics to 
be primarily collector's items, relics, museum pieces or objects 
of curiosity, ornaments or keepsakes, and are not likely to be 
used as weapons; 
    (4) manufacturers of ammunition who possess and use machine 
guns for the sole purpose of testing ammunition manufactured for 
sale to law enforcement agencies and correctional facilities 
federal and state agencies or political subdivisions; and 
    (5) dealers and manufacturers who are federally licensed to 
buy and sell, or manufacture machine guns or short-barreled 
shotguns and who either use the machine guns or short-barreled 
shotguns in peace officer training under courses approved by the 
board of peace officer standards and training, or are engaged in 
the sale of machine guns or short-barreled shotguns to Minnesota 
law enforcement federal and state agencies and will use the 
machine gun or short-barreled shotgun for law enforcement sales 
demonstrations or political subdivisions. 
    Sec. 6.  [EFFECTIVE DATE.] 
    Sections 1 to 5 are effective August 1, 1990, and apply to 
crimes committed on or after that date. 
    Presented to the governor April 12, 1990 
    Signed by the governor April 16, 1990, 4:10 p.m.