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Minnesota Session Laws - 2005, Regular Session

Key: (1) language to be deleted (2) new language

                             CHAPTER 102-H.F.No. 42 
                  An act relating to firearms; temporarily authorizing 
                  the use of silencers to muffle discharges of firearms 
                  for natural resource wildlife control; amending 
                  Minnesota Statutes 2004, sections 97B.031, subdivision 
                  4; 609.66, subdivision 1h. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2004, section 97B.031, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SILENCERS PROHIBITED.] Except as provided in 
        section 609.66, subdivision 1h, a person may not own or possess 
        a silencer for a firearm or a firearm equipped to have a 
        silencer attached.  
           Sec. 2.  Minnesota Statutes 2004, section 609.66, 
        subdivision 1h, is amended to read: 
           Subd. 1h.  [SILENCERS; AUTHORIZED FOR LAW ENFORCEMENT AND 
        WILDLIFE CONTROL PURPOSES.] (a) Notwithstanding subdivision 1a, 
        paragraph (a), clause (1), licensed peace officers may use 
        devices designed to silence or muffle the discharge of a firearm 
        for tactical emergency response operations.  Tactical emergency 
        response operations include execution of high risk search and 
        arrest warrants, incidents of terrorism, hostage rescue, and any 
        other tactical deployments involving high risk circumstances.  
        The chief law enforcement officer of a law enforcement agency 
        that has the need to use silencing devices must establish and 
        enforce a written policy governing the use of the devices. 
           (b) Notwithstanding subdivision 1a, paragraph (a), clause 
        (1), until July 1, 2011, an enforcement officer, as defined in 
        section 97A.015, subdivision 18, a wildlife area manager, an 
        employee designated under section 84.0835, or a person acting 
        under contract with the commissioner of natural resources, at 
        specific times and locations that are authorized by the 
        commissioner of natural resources may use devices designed to 
        silence or muffle the discharge of a firearm for wildlife 
        control operations that require stealth.  If the commissioner 
        determines that the use of silencing devices is necessary under 
        this paragraph, the commissioner must: 
           (1) establish and enforce a written policy governing the 
        use, possession, and transportation of the devices; 
           (2) limit the number of the silencing devices maintained by 
        the Department of Natural Resources to no more than ten; and 
           (3) keep direct custody and control of the devices when the 
        devices are not specifically authorized for use. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective the day following enactment. 
           Presented to the governor May 24, 2005 
           Signed by the governor May 27, 2005, 4:15 p.m.

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