language to be deleted (2) new language
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 itemor 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.