1.1 	A bill for an act
1.2 	relating to public safety; prohibiting law enforcement from using tear gas as a 
1.3 	means to control a crowd;amending Minnesota Statutes 2018, section 624.731, 
1.4 	subdivisions 4, 6.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2018, section 624.731, subdivision 4, is amended to read:
1.7 		Subd. 4.Prohibited use. (a) No person shall knowingly, or with reason to know, use 
1.8 	tear gas, a tear gas compound, an authorized tear gas compound, or an electronic 
1.9 	incapacitation device on or against a peace officer who is in the performance of duties.
1.10 	(b) No person shall use tear gas, a tear gas compound, an authorized tear gas compound, 
1.11 	or an electronic incapacitation device except as authorized in subdivision 2 or 6.
1.12 	(c) Tear gas, a tear gas compound, or an electronic incapacitation device shall legally 
1.13 	constitute a weapon when it is used in the commission of a crime.
1.14 	(d) No person shall use tear gas or a tear gas compound in an immobilizing concentration 
1.15 	against another person, except as otherwise permitted by subdivision 2.
1.16 	(e) No peace officer shall use tear gas as a means to control or disperse a crowd in the 
1.17 	performance of the officer's duties.  A chief law enforcement officer shall not authorize the 
1.18 	use of tear gas for crowd control.

1.19 	Sec. 2. Minnesota Statutes 2018, section 624.731, subdivision 6, is amended to read:
1.20 		Subd. 6.Exceptions. Except as provided in subdivision 4, paragraph (e), nothing in this 
1.21 	section shall prohibit the possession or use of by, or the sale or furnishing of, tear gas, a 
2.1 	tear gas compound, an authorized tear gas compound, or electronic incapacitation device 
2.2 	to, a law enforcement agency, peace officer, the National Guard or reserves, or a member 
2.3 	of the National Guard or reserves for use in their official duties, except that counties and 
2.4 	municipalities may impose licensing requirements on sellers pursuant to subdivision 9.