Minnesota Session Laws - 1999, Regular Session

                             CHAPTER 148-H.F.No. 70 
                  An act relating to public safety; authorizing law 
                  enforcement agencies to sell forfeited firearms, 
                  ammunition, and firearm accessories to firearms 
                  dealers; allowing certain agencies to retain forfeited 
                  money for crime prevention use; amending Minnesota 
                  Statutes 1998, section 609.5315, subdivisions 1 and 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 609.5315, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DISPOSITION.] (a) Subject to paragraph 
        (b), if the court finds under section 609.5313, 609.5314, or 
        609.5318 that the property is subject to forfeiture, it shall 
        order the appropriate agency to do one of the following: 
           (1) unless a different disposition is provided under clause 
        (3) or (4), either destroy all weapons used, firearms, 
        ammunition, and firearm accessories that the agency decides not 
        to use for law enforcement purposes under clause (6) (8), unless 
        the agency determines that there is good reason not to destroy a 
        particular item or sell them to federally licensed firearms 
        dealers, as defined in section 624.7161, subdivision 1, and 
        distribute the proceeds under subdivision 5; 
           (2) sell property that is not required to be destroyed by 
        law and is not harmful to the public and distribute the proceeds 
        under subdivision 5; 
           (3) sell antique firearms, as defined in section 624.712, 
        subdivision 3, to the public and distribute the proceeds under 
        subdivision 5; 
           (4) destroy or use for law enforcement purposes 
        semiautomatic military-style assault weapons, as defined in 
        section 624.712, subdivision 7; 
           (5) take custody of the property and remove it for 
        disposition in accordance with law; 
           (4) (6) forward the property to the federal drug 
        enforcement administration; 
           (5) (7) disburse money as provided under subdivision 5; or 
           (6) (8) keep property other than money for official use by 
        the agency and the prosecuting agency. 
           (b) Notwithstanding paragraph (a), the Hennepin or Ramsey 
        county sheriff may not sell firearms, ammunition, or firearms 
        accessories if the policy is disapproved by the applicable 
        county board. 
           Sec. 2.  Minnesota Statutes 1998, section 609.5315, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DISPOSITION OF ADMINISTRATIVELY FORFEITED 
        PROPERTY.] If property is forfeited administratively under 
        section 609.5314 or 609.5318 and no demand for judicial 
        determination is made, the appropriate agency may dispose of the 
        property in any of the ways listed in subdivision 1, except that 
        the agency must destroy all forfeited weapons used, firearms, 
        ammunition, and firearm accessories that the agency decides not 
        to use for law enforcement purposes under subdivision 1, clause 
        (6). 
           Presented to the governor May 7, 1999 
           Signed by the governor May 11, 1999, 1:54 p.m.