Minnesota Administrative Rules

CHAPTER 7504, FIREARMS DEALERS; SECURITY STANDARDS

DEPARTMENT OF PUBLIC SAFETY

7504.0100 DEFINITIONS.

Subpart 1.

Scope.

For purposes of this chapter, the terms in subparts 2 to 6 have the meanings given them.

Subp. 2.

Firearms dealer.

"Firearms dealer" means a dealer federally licensed to sell pistols who operates a retail business in which pistols are sold from a permanent business location other than the dealer's home. For the purposes of this chapter, a dealer's home does not include the following:

A.

a building located on property that is zoned commercial;

B.

a business location where the square footage used for the business of selling firearms exceeds the square footage used for the dealer's residence; or

C.

a building located on the same property as the dealer's home that is not attached to the dealer's home.

Subp. 3.

Small firearms dealer.

"Small firearms dealer" means a firearms dealer who operates a retail business at which no more than 50 pistols are displayed for sale at any time.

Subp. 4.

Large firearms dealer.

"Large firearms dealer" means a firearms dealer who operates a retail business at which more than 50 pistols are displayed for sale at any time.

Subp. 5.

Pistol.

"Pistol" includes a weapon designed to be fired by the use of a single hand and with an overall length less than 26 inches, or having a barrel or barrels of a length less than 18 inches in the case of a shotgun or having a barrel of a length less than 16 inches in the case of a rifle (1) from which may be fired or ejected one or more solid projectiles by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances; or (2) for which the propelling force is a spring, elastic band, carbon dioxide, air or other gas, or vapor. Pistol does not include a device firing or ejecting a shot measuring .18 of an inch or less in diameter and commonly known as a BB gun, a scuba gun, a stud gun or nail gun used in the construction industry, or children's pop guns or toys.

Subp. 6.

Displayed for sale.

"Displayed for sale" means a pistol available for sale to customers that is either displayed or stored at the dealer's place of business. This does not include pistols temporarily stored at the place of business for repair or servicing.

Statutory Authority:

MS s 624.7161

History:

18 SR 944

Published Electronically:

January 31, 2000

7504.0200 SECURITY MEASURES FOR SMALL FIREARMS DEALERS.

After business hours when the dealer's place of business is unattended, a small firearms dealer shall place all pistols that are located in the dealer's place of business in a locked safe or locked steel gun cabinet, or on a locked, hardened steel rod or cable that runs through the pistols' trigger guards.

A.

The door to a safe must be recessed or flush and made of at least seven gauge steel. The body of a safe must be made of hot rolled steel of at least 12 gauge thickness. A safe must have an Underwriters Laboratory (UL) listed Group 2 combination lock.

B.

A rod or cable used to secure a pistol must be hardened steel. The rod or cable must be at least one-fourth inch in diameter. The rod or cable must be secured with a hardened steel lock which has a shackle that is protected or shielded from attack by a bolt cutter.

C.

No more than five pistols may be affixed to any one rod or cable.

D.

The safe, gun cabinet, rod, or cable must be anchored to prevent its removal from the premises.

E.

The door to a gun cabinet must be made of at least 14 gauge steel. The door may be recessed, flush, or overlapping. If the door is flush or overlapping, it must be designed to conceal the location of the locking bolts and hinges from the outside of the cabinet. The door must be reinforced and must be attached to the body by one continuous hinge or at least two hinges that are located either inside or outside the body. If the hinges are located outside the body of the safe, the safe must have an interior locking system consisting of permanent or moveable locking pins securing the door from the inside when it is in the closed position. The body of a gun cabinet must be made of hot rolled steel of at least 14 gauge thickness, and must be continuously welded to create a single, solid structure. A gun cabinet must have either a UL-listed group two combination lock or a UL-listed key lock that is encased in a high security, drill-resistant lock body. A key lock must use a restricted key that can only be duplicated by a factory-authorized source.

Statutory Authority:

MS s 624.7161

History:

18 SR 944

Published Electronically:

January 31, 2000

7504.0300 SECURITY MEASURES FOR LARGE FIREARMS DEALERS.

A large firearms dealer shall comply with the requirements of items A to H or the requirements of part 7504.0200, items A to D, except that a large firearms dealer shall not use a gun cabinet.

A.

The dealer shall install vehicle-resistant barriers to prevent the penetration of the dealer's place of business by a motor vehicle. The barriers must protect any areas that are accessible to vehicles and that have a free run distance of 50 feet or more.

B.

The dealer shall secure each perimeter doorway according to subitem (1), (2), or (3).

(1)

The dealer may use a windowless steel security door equipped with both a dead bolt and a doorknob lock.

(2)

The dealer may use a windowed metal door that is equipped with both a dead bolt and a doorknob lock. The window must be made of one-half inch polycarbonate or glass reinforced with metal mesh. If the window has an opening of five inches or more measured in any direction, then the window must be covered with steel bars or metal grating affixed to the interior of the door.

(3)

The dealer may use a metal grate that is padlocked and affixed to the premises independent of the door and door frame.

C.

A dealer shall cover all windows with steel bars that are anchored internally to the wall joists.

D.

A dealer shall secure a room where pistols are stored after hours with a locked steel door or metal grating.

E.

A dealer shall not display pistols within four feet of a window unless the window is covered by metal screen that is anchored internally to the wall joists.

F.

A dealer shall secure heating, ventilating, air conditioning, and service openings with steel bars, metal grating, or an alarm system as described in part 7504.0400.

G.

A dealer shall illuminate each perimeter doorway so that the doorway is clearly visible after dark from a distance of 100 feet.

H.

Metal grates and grating must have spaces no larger than six inches wide along any diagonal. Metal screen must have spaces no larger than three inches wide along any diagonal. Steel bars must be no more than six inches apart on center.

Statutory Authority:

MS s 624.7161

History:

18 SR 944

Published Electronically:

January 31, 2000

7504.0400 ELECTRONIC SECURITY FOR ALL FIREARMS DEALERS.

A firearms dealer shall install and maintain an electronic security system that meets the requirements of items A to I.

A.

The system must emit an audible alarm at the dealer's place of business when triggered.

B.

The system must transmit a silent alarm when triggered. The silent alarm must be transmitted directly to a public safety answering point where this service is available. If no local public safety answering point provides an alarm-monitoring service, the silent alarm must automatically transmit a violation signal to a UL-approved monitoring station that must notify an appropriate law enforcement agency within two minutes of receiving the violation signal.

C.

A large firearms dealer's system must include a backup silent alarm that transmits the alarm as provided in item B if the primary transmission system fails.

D.

The system must include a line cut alarm unless the incoming phone lines are hardened by routing them through underground conduit or similar protective barrier. The line cut alarm must be triggered when the phone line is cut, and must emit an audible alarm.

E.

The system must monitor all exterior doors, windows, and other entry points, including but not limited to heating, ventilating, air conditioning, and customer and service entry points.

F.

The system must use motion and heat sensors to monitor pistol storage areas and alarm control boards.

G.

The system must monitor all interior doors that provide access to pistol storage areas.

H.

All components of the system must be UL-approved.

I.

All components of the system must be independently tested and certified to comply with this part at least once per year. The test must be conducted by an alarm system installation or monitoring firm or a person approved by the alarm system manufacturer or distributor. Written certification must be available for inspection by a local law enforcement authority.

Statutory Authority:

MS s 624.7161

History:

18 SR 944

Published Electronically:

January 31, 2000

7504.0500 INSPECTION BY LAW ENFORCEMENT.

A firearms dealer shall make its place of business available to local law enforcement officials during normal business hours for the purpose of verifying compliance with this chapter. A local law enforcement official is not required to give advance notice of an inspection.

Statutory Authority:

MS s 624.7161

History:

18 SR 944

Published Electronically:

January 31, 2000

7504.0600 EXEMPTIONS.

Upon written request from a firearms dealer, the commissioner of public safety shall grant an exemption from compliance with a requirement of this chapter if the following conditions are met:

A.

the request identifies the requirement from which the dealer wants to be exempt;

B.

the request identifies security measures used in lieu of complying with the requirement;

C.

the requirement is not specifically set out in statute; and

D.

the commissioner determines that the security measures will provide a degree of security similar to the degree of security provided by the requirement or will cause a delay in the unauthorized entry into the dealer's business premises equivalent to the delay provided by complying with the requirement.

Statutory Authority:

MS s 624.7161

History:

18 SR 944

Published Electronically:

January 31, 2000