2001 Minnesota Statutes

CHAPTER 624. Crimes, other provisions

  624.01 Repealed, 1995 c 186 s 103 

  624.02 Repealed, 1985 c 212 s 27 

  624.03 Repealed, 1995 c 186 s 103 

     624.04 Service of process on the Sabbath prohibited.  

    Every service of legal process upon the Sabbath day, except 
 in case of a breach or apprehended breach of the peace, or when 
 sued out for the apprehension of a person charged with crime, or 
 where such service is expressly authorized by statute, is hereby 
 prohibited.  

    HIST: (10237) RL s 4983 

     624.20 Fireworks. 

    Subdivision 1.  As used in sections 624.20 to 624.25, the 
 term "fireworks" means any substance or combination of 
 substances or article prepared for the purpose of producing a 
 visible or an audible effect by combustion, explosion, 
 deflagration, or detonation, and includes blank cartridges, toy 
 cannons, and toy canes in which explosives are used, the type of 
 balloons which require fire underneath to propel them, 
 firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, 
 sparklers, or other fireworks of like construction, and any 
 fireworks containing any explosive or inflammable compound, or 
 any tablets or other device containing any explosive substance 
 and commonly used as fireworks.  The term "fireworks" shall not 
 include toy pistols, toy guns, in which paper caps containing 
 25/100 grains or less of explosive compound are used and toy 
 pistol caps which contain less than 20/100 grains of explosive 
 mixture.  

    Subd. 2.  As used in sections 624.20 to 624.25, the term 
 "explosive fireworks" means any fireworks that contain 
 pyrotechnic or flash powder, gunpowder, black powder, or any 
 other explosive compound constructed to produce detonation or 
 deflagration. 

    HIST: 1941 c 125 s 1; 1988 c 584 s 2 

     624.21 Sale, possession, and use of fireworks prohibited.

    Except as otherwise provided in sections 624.20 to 624.25, 
 it shall be unlawful for any person to offer for sale, expose 
 for sale, sell at retail or wholesale, possess, advertise, use, 
 or explode any fireworks.  This section shall not be construed 
 to prohibit the possession, use, or explosion of fireworks by an 
 engineer licensed pursuant to sections 326.02 and 326.03 or a 
 person under the engineer's direct supervision when undertaking 
 acoustical testing; or sales at wholesale to those persons 
 holding valid permits for a fireworks display from a 
 governmental subdivision of the state; or sales outside the 
 state or sales to licensed professional engineers for acoustical 
 testing purposes only. 

    HIST: 1941 c 125 s 2; 1963 c 818 s 1; 1982 c 440 s 1; 1988 c 
 584 s 3; 1994 c 636 art 5 s 17 

     624.22 Fireworks displays; permit; operator 
  certification. 

    Subdivision 1.    General requirements; permit; 
 investigation; fee.  (a) Sections 624.20 to 624.25 do not 
 prohibit the supervised display of fireworks by a statutory or 
 home rule charter city, fair association, amusement park, or 
 other organization, except that: 

    (1) a fireworks display may be conducted only when 
 supervised by an operator certified by the state fire marshal; 
 and 

    (2) a fireworks display must either be given by a 
 municipality or fair association within its own limits, or by 
 any other organization, whether public or private, only after a 
 permit for the display has first been secured.  

    (b) An application for a permit must be made in writing to 
 the municipal clerk at least 15 days in advance of the date of 
 the display and must list the name of an operator who is 
 certified by the state fire marshal and will supervise the 
 display.  The application must be promptly referred to the chief 
 of the fire department, who shall make an investigation to 
 determine whether the operator of the display is competent and 
 is certified by the state fire marshal, and whether the display 
 is of such a character and is to be so located, discharged, or 
 fired that it will not be hazardous to property or endanger any 
 person.  The fire chief shall report the results of this 
 investigation to the clerk.  If the fire chief reports that the 
 operator is certified, that in the chief's opinion the operator 
 is competent, and that the fireworks display as planned will 
 conform to the safety guidelines of the state fire marshal 
 provided for in paragraph (e), the clerk shall issue a permit 
 for the display when the applicant pays a permit fee.  

    (c) When the supervised fireworks display for which a 
 permit is sought is to be held outside the limits of an 
 incorporated municipality, the application must be made to the 
 county auditor, and the auditor shall perform duties imposed by 
 sections 624.20 to 624.25 upon the clerk of the municipality.  
 When an application is made to the auditor, the county sheriff 
 shall perform the duties imposed on the fire chief of the 
 municipality by sections 624.20 to 624.25.  

    (d) After a permit has been granted, sales, possession, use 
 and distribution of fireworks for a display are lawful for that 
 purpose only.  A permit is not transferable.  

    (e) The state fire marshal shall adopt and disseminate to 
 political subdivisions rules establishing guidelines on 
 fireworks display safety that are consistent with sections 
 624.20 to 624.25 and the most recent editions of the Minnesota 
 Uniform Fire Code and the National Fire Protection Association 
 Standards, to insure that fireworks displays are given safely.  
 In the guidelines, the state fire marshal shall allow political 
 subdivisions to exempt the use of relatively safe fireworks for 
 theatrical special effects, ceremonial occasions, and other 
 limited purposes, as determined by the state fire marshal. 

    Subd. 2.    Operator certification requirements.  (a) An 
 applicant to be a supervising operator of a fireworks display 
 shall meet the requirements of this subdivision before the 
 applicant is certified by the state fire marshal. 

    (b) An applicant must be at least 21 years old. 

    (c) An applicant must have completed a written examination, 
 administered or approved by the state fire marshal, and achieved 
 a passing score of at least 70 percent.  The state fire marshal 
 must be satisfied that achieving a passing score on the 
 examination satisfactorily demonstrates the applicant's 
 knowledge of statutes, codes, and nationally recognized 
 standards concerning safe practices for the discharge and 
 display of fireworks. 

    (d) An applicant shall apply in writing to the state fire 
 marshal by completing and signing an application form provided 
 by the state fire marshal. 

    (e) An applicant shall submit evidence of experience, which 
 must include active participation as an assistant or operator in 
 the performance of at least five fireworks displays, at least 
 one of which must have occurred in the current or preceding year.

    Subd. 3.    Certification application; fee.  An 
 applicant shall submit a completed initial application form 
 including references and evidence of experience and successful 
 completion of the written examination.  Applicants shall pay a 
 certification fee of $100 to the state fire marshal division of 
 the department of public safety.  The state fire marshal shall 
 review the application and send to the applicant written 
 confirmation or denial of certification within 30 days of 
 receipt of the application.  Certification is valid for a period 
 of four years from the date of issuance.  

    Subd. 4.    Classification.  When an applicant has met 
 the requirements of subdivisions 2 and 3, the state fire marshal 
 shall certify and classify the operator for supervising 
 proximate audience displays, including indoor fireworks 
 displays, for supervising traditional outdoor fireworks 
 displays, or for supervising both types of displays, based on 
 the operator's documented experience. 

    Subd. 5.    Responsibilities of operator.  The operator 
 is responsible for ensuring the fireworks display is organized 
 and operated in accordance with the state fire marshal's 
 guidelines described in subdivision 1.  

    Subd. 6.    Reports.  (a) The certified operator shall 
 submit a written report to the state fire marshal within ten 
 days following a fireworks display conducted by the operator if 
 any of the following occurred:  

    (1) an injury to any person resulting from the display of 
 fireworks; 

    (2) a fire or damage to property resulting from the display 
 of fireworks; or 

    (3) an unsafe or defective pyrotechnic product or equipment 
 was used or observed.  

    (b) The certified operator shall submit a written report to 
 the state fire marshal within 30 days following any other 
 fireworks displays supervised by the operator. 

    (c) The state fire marshal may require other information 
 from operators relating to fireworks displays. 

    Subd. 7.    Operator certification renewal.  An 
 applicant shall submit a completed renewal application form 
 prepared and provided by the state fire marshal, which must 
 include at least the dates, locations, and authorities issuing 
 the permits for at least three fireworks displays participated 
 in or supervised by the applicant and conducted during the past 
 four years.  An applicant shall pay a certification renewal fee 
 of $100 to the state fire marshal division of the department of 
 public safety.  The state fire marshal shall review the 
 application and send to the applicant written confirmation or 
 denial of certification renewal within 30 days of receipt of the 
 application.  Certification is valid for a period of four years 
 from the date of issuance.  

    Subd. 8.    Suspension, revocation, or refusal to renew 
 certification.  The state fire marshal may suspend, revoke, or 
 refuse to renew certification of an operator if the operator has:

    (1) submitted a fraudulent application; 

    (2) caused or permitted a fire or safety hazard to exist or 
 occur during the storage, transportation, handling, preparation, 
 or use of fireworks; 

    (3) conducted a display of fireworks without receipt of a 
 permit required by the state or a political subdivision; 

    (4) conducted a display of fireworks with assistants who 
 were not at least 18 years of age, properly instructed, and 
 continually supervised; or 

    (5) otherwise failed to comply with any federal or state 
 law or regulation, or the guidelines, relating to fireworks. 

    Subd. 9.    Database.  The commissioner of public safety 
 shall maintain a database of the information required under this 
 section for purposes of (1) law enforcement, (2) investigative 
 inquiries made under subdivision 1, and (3) the accumulation and 
 statistical analysis of information relative to fireworks 
 displays. 

    HIST: 1941 c 125 s 3; 1973 c 123 art 5 s 7; 1985 c 248 s 70; 
 1986 c 444; 1995 c 226 art 4 s 23; 1997 c 187 art 1 s 23 

     624.221 Exemptions for license or permit holder. 

    Sections 624.20, 624.21, and 624.23 to 624.25 do not apply 
 to: 

    (a) the holders of a federal explosives license or permit 
 issued pursuant to United States Code, title 18, chapter 40, or 
 their agents when the holder or agent is acting in compliance 
 with the conditions of licensure; or 

    (b) the holders of permits issued pursuant to section 
 624.22 or their agents, from the date of issuance until 20 days 
 after the date of exhibition authorized by the permit, when the 
 holder or agent is acting in compliance with the conditions of 
 the permit and section 624.22. 

    HIST: 1988 c 584 s 4 

     624.23 Construction of sections 624.20 to 624.25. 

    Nothing in sections 624.20 to 624.25 shall be construed to 
 prohibit any resident wholesaler, dealer, or jobber, from 
 possessing or selling at wholesale fireworks which are not 
 prohibited; or the possession or sale of any kind of fireworks 
 for shipment directly out of the state; or the possession or use 
 of fireworks by airplanes and railroads, or other transportation 
 agencies for signal purposes or illumination; or the possession, 
 sale, or use of blank cartridges for a show or theater, or for 
 signal or ceremonial purposes in athletics or sports, or for use 
 by military organizations or for use as a bird or animal 
 repelling device.  

    HIST: 1941 c 125 s 4; 1971 c 710 s 1; 1988 c 584 s 5 

     624.24 Officers may seize illegal fireworks.  

    The state fire marshal, or any sheriff, police officer, 
 constable, or local fire marshal, shall seize, take, remove, or 
 cause to be removed, at the expense of the owner, all stocks of 
 fireworks or combustibles offered or exposed for sale, stored, 
 or held in violation of sections 624.20 to 624.25.  

    HIST: 1941 c 125 s 5 

     624.25 Violation. 

    Any person violating the provisions of sections 624.20 to 
 624.24 may be sentenced as follows: 

    (1) if the violation involves explosive fireworks in an 
 amount of 35 pounds gross container weight or more, to 
 imprisonment for not more than one year, or to payment of a fine 
 of not more than $3,000, or both; 

    (2) if the violation involves explosive fireworks in an 
 amount of less than 35 pounds gross container weight, to 
 imprisonment for not more than 90 days, or to payment of a fine 
 of not more than $700, or both; and 

    (3) if the violation involves any amount of fireworks other 
 than explosive fireworks, to imprisonment for not more than 90 
 days, or to payment of a fine of not more than $700, or both. 

    HIST: 1941 c 125 s 6; 1988 c 584 s 6 

     624.30 Manufacture and distribution of tokens, when 
  prohibited.  

    The manufacture, sale, offering for sale, advertising for 
 sale, or distribution of tokens, checks, or slugs similar in 
 size and shape to lawful coin of the United States with 
 knowledge or reason to believe that such tokens, checks, or 
 slugs may be used in substitution for any such lawful coin in 
 any vending machine, parking meter, service meter, coin box 
 telephone, or other coin receptacle designed to receive or be 
 operated only by lawful coin of the United States in connection 
 with the sale, use, or enjoyment of property, privilege, or 
 service, is hereby prohibited.  

    HIST: 1941 c 132 s 1 

     624.31 Restrictions as to size of tokens.  

    No person shall manufacture, sell, or offer for sale or 
 distribute any checks, tokens, or slugs unless they shall be 
 either five percent larger or five percent smaller in diameter 
 than any lawful coin of the United States.  

    HIST: 1941 c 132 s 2 

     624.32 Knowledge of illegal use presumed.  

    In the trial of a defendant for violation of the provisions 
 of sections 624.30 to 624.33, knowledge or reason to believe, 
 within the meaning thereof, shall be deemed to exist upon the 
 presentation of proof to the court that any county attorney, 
 sheriff, or chief of police in the state, or a deputy or 
 delegate of such officer, has given written notice to the 
 defendant that tokens, checks, or slugs of the kind 
 manufactured, sold, offered for sale, advertised for sale, or 
 distributed by the defendant are being used in substitution for 
 lawful coin in the operation of any such coin receptacle or 
 machine; provided that such notice shall have been given prior 
 to the time of the manufacture, sale, offering for sale, 
 advertising for sale, or distribution of such tokens, checks, or 
 slugs for which the defendant is being tried.  

    HIST: 1941 c 132 s 3; 1986 c 444 

     624.33 Violation a misdemeanor.  

    Any person, firm, or corporation violating the provisions 
 of sections 624.30 to 624.32 shall be guilty of a misdemeanor.  

    HIST: 1941 c 132 s 4 

  624.42 Repealed, 1989 c 10 s 1 

  624.43 Repealed, 1989 c 10 s 1 

  624.44 Repealed, 1989 c 10 s 1 

  624.45 Repealed, 1989 c 10 s 1 

  624.46 Repealed, 1989 c 10 s 1 

  624.47 Repealed, 1989 c 10 s 1 

  624.48 Repealed, 1989 c 10 s 1 

  624.49 Repealed, 1989 c 10 s 1 

  624.50 Repealed, 1989 c 10 s 1 

  624.51 Repealed, 1989 c 10 s 1 

  624.52 Repealed, 1989 c 10 s 1 

  624.53 Repealed, 1989 c 10 s 1 

  624.54 Repealed, 1989 c 10 s 1 

     624.61 Armed association. 

    It shall not be lawful for any body of persons, other than 
 the national guard, troops of the United States and, with the 
 consent of the governor, sons and daughters of veterans and 
 cadets of educational institutions where military science is 
 taught, to associate themselves together as a military company 
 with arms, but members of social and benevolent organizations 
 are not prohibited from wearing swords.  Any violation of this 
 section shall be a misdemeanor. 

    HIST: (10533) RL s 5195; 1986 c 444 

     624.62 Boarding moving engines or cars. 

    It shall be unlawful for any person, other than a passenger 
 or employee, to get on or off, or attempt to get on or off, or 
 to swing on, or hang on from the outside of, any engine or car 
 or any electric motor or street car upon any railway or track, 
 while the engine, car, motor, or street car is in motion, or 
 switching or being switched.  Every person who violates this 
 section shall be punished by a fine of not more than $10, and 
 any sheriff, constable, or police officer finding any person in 
 the act of violating this section shall arrest, take before a 
 proper court, and make a verified complaint against the person 
 for the violation.  

    HIST: (10507) RL s 5178; 1983 c 359 s 93; 1986 c 444 

     624.63 Dangerous exhibitions.  

    Every proprietor, lessee, or occupant of any place of 
 amusement, or any plat of ground, or building, who shall use or 
 allow it to be used for the exhibition of skill in throwing any 
 sharp instrument at or toward any human being, or who shall aim 
 or discharge, or allow to be aimed or discharged, at or toward 
 any human being, any bowgun, pistol, or firearm of any 
 description, shall be guilty of a misdemeanor. 

    HIST: (10266) RL s 5004 

     624.64 Acrobatic exhibitions.  

    Every proprietor, occupant, or lessee of any place where 
 acrobatic exhibitions are held, who shall permit any person to 
 perform on any trapeze, rope, pole, or other acrobatic 
 contrivance, without network, or other sufficient means of 
 protection from falling or other accident, shall be guilty of a 
 gross misdemeanor, and, for the first offense, punished by a 
 fine of $250 and for each subsequent offense by a fine of $250 
 and imprisonment in the county jail for not less than three 
 months nor more than one year.  

    HIST: (10267) RL s 5005 

  624.65 Repealed, 2001 c 20 s 1 

  624.66 Repealed, 2001 c 22 s 2 

     624.67 False certificate of registration of animals; 
  false representation as to breed.  

    Every person who by any false pretense shall obtain from 
 any club, association, society, or company for the improvement 
 of the breed of cattle, horses, sheep, swine, fowls, or other 
 domestic animals, or birds, a certificate of registration of any 
 animal in the herd, or other register of any such association, 
 society, or company, or a transfer of any such registration, and 
 every person who shall knowingly represent any animal used for 
 breeding purposes to be of a greater degree of any particular 
 strain of blood than such animal actually possesses, shall be 
 guilty of a gross misdemeanor, and punished by imprisonment in 
 the county jail for not more than six months, or by a fine of 
 not more than $250.  

    HIST: (10338) RL s 5064 

     624.68 Receiving deposit in insolvent banks or financial 
  organizations.  

    Every officer, director, agent, or employee of any banking 
 organization or financial organization as defined in section 
 345.31 and every person, company, and corporation engaged in 
 whole or in part, in business as a banking organization or 
 financial organization, who shall accept or receive on deposit 
 from any person, any money, bank bills, notes, currency, checks, 
 bills, drafts, or paper circulating as money, knowing or, in the 
 case of officers or directors, having good reason to know that 
 such banking organization or financial organization is 
 insolvent, and every person knowing of such insolvent condition 
 who shall be accessory to, or permit, or connive at the 
 accepting or receiving on deposit therein any such deposits, 
 shall be guilty of a felony and punished by imprisonment in the 
 Minnesota correctional facility-Stillwater for not less than one 
 year nor more than five years or by a fine of not less than $700 
 nor more than $20,000.  

    HIST: (10407) RL s 5118; 1965 c 356 s 1; 1971 c 25 s 96; 1979 
 c 102 s 13; 1984 c 628 art 3 s 11 

     624.69 Obstructing public levees.  

    It shall be unlawful for any houseboat, or other craft not 
 used for the transportation of freight or passengers, to moor to 
 or lay at the public levee of any city, or town, on the 
 navigable waters of this state, where it will interfere with, 
 inconvenience, or endanger the landing of any freight, 
 passenger, or towing vessel.  Every owner or person in charge of 
 any such boat or craft, upon notice by the police of any city, 
 or town, or the owner or agent of any freight, passenger, or 
 towing craft, that it is obstructing the levee, interfering 
 with, inconveniencing, or endangering the landing of any 
 freight, passenger, or towing vessel, shall immediately cause 
 the same to be removed and, upon neglect or refusal so to do, 
 shall be punished by imprisonment in the county jail for not 
 more than 60 days or by a fine of not more than $50.  

    HIST: (10421) RL s 5132; 1973 c 123 art 5 s 7 

     624.70 Duty of commission merchants and brokers.  

    It shall be the duty of every commission merchant, 
 copartnership, association, corporation, or broker, doing 
 business as such, to furnish to every customer or principal for 
 whom such commission merchant, broker, copartnership, 
 corporation, or association has executed any order, for the 
 actual purchase or sale of any stocks, grain, provisions, or 
 other commodities, or personal property, either for immediate or 
 future delivery, a written statement containing the names of the 
 parties from whom such property was bought, or to whom it shall 
 have been sold, as the case may be, the time when, the place 
 where, and the price at which the same was either bought or 
 sold; and, in case such commission merchant, broker, 
 copartnership, corporation, or association fails to properly 
 furnish such statement, the fact of such failure shall be prima 
 facie evidence that such property was not sold or bought in a 
 legitimate manner.  

    HIST: (10491) 1905 c 133 s 4; 1965 c 45 s 69 

     624.701 Liquors in certain buildings or grounds. 

    Subdivision 1.    Possession of alcohol on school grounds; 
 penalty.  Except as otherwise provided in subdivision 1a, any 
 person who introduces or possesses an alcoholic beverage, as 
 defined in section 340A.101, on any public elementary or 
 secondary school ground or in any public elementary or secondary 
 school building is guilty of a misdemeanor. 

    Subd. 1a.    Exceptions.  Subdivision 1 does not apply 
 to the following: 

    (1) experiments in laboratories; 

    (2) a person who has been issued a temporary license to 
 sell 3.2 percent malt liquor under section 340A.403, subdivision 
 2, or intoxicating liquor under section 340A.404, subdivision 
 10; or 

    (3) a person possessing 3.2 percent malt liquor or 
 intoxicating liquor as a result of a purchase from a person or 
 organization holding a temporary license under section 340A.403, 
 subdivision 2, or 340A.404, subdivision 10. 

    Subd. 2.    Possession of alcohol on state hospital 
 grounds; penalty.  Any person who except by prescription of a 
 licensed physician or permission of the hospital administrator 
 shall introduce upon, or have in possession upon, or in, any 
 state hospital or grounds thereof under the responsibility of 
 the commissioner of human services any alcoholic beverage as 
 defined in section 340A.101, shall be guilty of a misdemeanor. 

    HIST: (10149) 1913 c 415 s 1; 1973 c 425 s 1; 1974 c 150 s 2; 
 1984 c 654 art 5 s 58; 1985 c 305 art 12 s 4; 1986 c 444; 1989 c 
 290 art 7 s 11; 1991 c 14 s 1,2; 1991 c 249 s 31 

  624.702 Repealed, 1967 c 19 s 19 

  624.703 Repealed, 1967 c 238 s 1 

     624.71 Gun control, application of federal law. 

    Subdivision 1.  Notwithstanding any other law to the 
 contrary, it shall be lawful for any federally licensed 
 importer, manufacturer, dealer, or collector to sell and deliver 
 firearms and ammunition to a resident of a contiguous state in 
 any instance where such sale and delivery is lawful under the 
 federal Gun Control Act of 1968 (Public Law Number 90-618). 

    Subd. 2.  Notwithstanding any other law to the contrary, it 
 shall be lawful for a resident of Minnesota to purchase firearms 
 and ammunition in a contiguous state in any instance where such 
 sale and delivery is lawful under the federal Gun Control Act of 
 1968 (Public Law Number 90-618). 

    HIST: 1969 c 216 s 1,2 

     624.711 Declaration of policy. 

    It is not the intent of the legislature to regulate 
 shotguns, rifles and other longguns of the type commonly used 
 for hunting and not defined as pistols or semiautomatic 
 military-style assault weapons, or to place costs of 
 administration upon those citizens who wish to possess or carry 
 pistols or semiautomatic military-style assault weapons 
 lawfully, or to confiscate or otherwise restrict the use of 
 pistols or semiautomatic military-style assault weapons by 
 law-abiding citizens. 

    HIST: 1975 c 378 s 1; 1993 c 326 art 1 s 22 

     624.712 Definitions. 

    Subdivision 1.    Scope.  As used in sections 624.711 to 
 624.717, the terms defined in this section shall have the 
 meanings given them. 

    Subd. 2.    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 
 (a) 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 (b) 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. 

    Subd. 3.    Antique firearm.  "Antique firearm" means 
 any firearm, including any pistol, with a matchlock, flintlock, 
 percussion cap, or similar type of ignition system, manufactured 
 before 1899 and any replica of any firearm described herein if 
 such replica is not designed or redesigned, made or remade, or 
 intended to fire conventional rimfire or conventional centerfire 
 ammunition, or uses conventional rimfire or conventional 
 centerfire ammunition which is not readily available in the 
 ordinary channels of commercial trade. 

    Subd. 4.    Saturday night special pistol.  "Saturday 
 night special pistol" means a pistol other than an antique 
 firearm or a pistol for which the propelling force is carbon 
 dioxide, air or other vapor, or children's pop guns or toys, 
 having a frame, barrel, cylinder, slide or breechblock: 

    (a) of any material having a melting point (liquidus) of 
 less than 1,000 degrees Fahrenheit, or 

    (b) of any material having an ultimate tensile strength of 
 less than 55,000 pounds per square inch, or 

    (c) of any powdered metal having a density of less than 7.5 
 grams per cubic centimeter. 

    Subd. 5.    Crime of violence.  "Crime of violence" 
 includes murder in the first, second, and third degrees, 
 manslaughter in the first and second degrees, aiding suicide, 
 aiding attempted suicide, felony violations of assault in the 
 first, second, third, and fourth degrees, assaults motivated by 
 bias under section 609.2231, subdivision 4, drive-by shootings, 
 terroristic threats, use of drugs to injure or to facilitate 
 crime, crimes committed for the benefit of a gang, commission of 
 a crime while wearing or possessing a bullet-resistant vest, 
 simple robbery, aggravated robbery, kidnapping, false 
 imprisonment, criminal sexual conduct in the first, second, 
 third, and fourth degrees, theft of a firearm, felony theft 
 involving the intentional taking or driving of a motor vehicle 
 without the consent of the owner or the authorized agent of the 
 owner, felony theft involving the taking of property from a 
 burning, abandoned, or vacant building, or from an area of 
 destruction caused by civil disaster, riot, bombing, or the 
 proximity of battle, felony theft involving the theft of a 
 controlled substance, an explosive, or an incendiary device, 
 arson in the first and second degrees, riot, burglary in the 
 first, second, third, and fourth degrees, harassment and 
 stalking, shooting at a public transit vehicle or facility, 
 reckless use of a gun or dangerous weapon, intentionally 
 pointing a gun at or towards a human being, setting a spring 
 gun, and unlawfully owning, possessing, operating a machine gun 
 or short-barreled shotgun, and an attempt to commit any of these 
 offenses, as each of those offenses is defined in chapter 609.  
 "Crime of violence" also includes felony violations of the 
 following:  malicious punishment of a child; neglect or 
 endangerment of a child; and chapter 152. 

    Subd. 6.    Transfer.  "Transfer" means a sale, gift, 
 loan, assignment or other delivery to another, whether or not 
 for consideration, of a pistol or semiautomatic military-style 
 assault weapon or the frame or receiver of a pistol or 
 semiautomatic military-style assault weapon. 

    Subd. 7.    Semiautomatic military-style assault weapon. 
  "Semiautomatic military-style assault weapon" means: 

    (1) any of the following firearms: 

    (i) Avtomat Kalashnikov (AK-47) semiautomatic rifle type; 

    (ii) Beretta AR-70 and BM-59 semiautomatic rifle types; 

    (iii) Colt AR-15 semiautomatic rifle type; 

    (iv) Daewoo Max-1 and Max-2 semiautomatic rifle types; 

    (v) Famas MAS semiautomatic rifle type; 

    (vi) Fabrique Nationale FN-LAR and FN-FNC semiautomatic 
 rifle types; 

    (vii) Galil semiautomatic rifle type; 

    (viii) Heckler &> Koch HK-91, HK-93, and HK-94 semiautomatic 
 rifle types; 

    (ix) Ingram MAC-10 and MAC-11 semiautomatic pistol and 
 carbine types; 

    (x) Intratec TEC-9 semiautomatic pistol type; 

    (xi) Sigarms SIG 550SP and SIG 551SP semiautomatic rifle 
 types; 

    (xii) SKS with detachable magazine semiautomatic rifle 
 type; 

    (xiii) Steyr AUG semiautomatic rifle type; 

    (xiv) Street Sweeper and Striker-12 revolving-cylinder 
 shotgun types; 

    (xv) USAS-12 semiautomatic shotgun type; 

    (xvi) Uzi semiautomatic pistol and carbine types; or 

    (xvii) Valmet M76 and M78 semiautomatic rifle types; 

    (2) any firearm that is another model made by the same 
 manufacturer as one of the firearms listed in clause (1), and 
 has the same action design as one of the listed firearms, and is 
 a redesigned, renamed, or renumbered version of one of the 
 firearms listed in clause (1), or has a slight modification or 
 enhancement, including but not limited to a folding or 
 retractable stock; adjustable sight; case deflector for 
 left-handed shooters; shorter barrel; wooden, plastic, or metal 
 stock; larger clip size; different caliber; or a bayonet mount; 
 and 

    (3) any firearm that has been manufactured or sold by 
 another company under a licensing agreement with a manufacturer 
 of one of the firearms listed in clause (1) entered into after 
 the effective date of Laws 1993, chapter 326, to manufacture or 
 sell firearms that are identical or nearly identical to those 
 listed in clause (1), or described in clause (2), regardless of 
 the company of production or country of origin. 

    The weapons listed in clause (1), except those listed in 
 items (iii), (ix), (x), (xiv), and (xv), are the weapons the 
 importation of which was barred by the Bureau of Alcohol, 
 Tobacco, and Firearms of the United States Department of the 
 Treasury in July 1989. 

    Except as otherwise specifically provided in paragraph (d), 
 a firearm is not a "semiautomatic military-style assault weapon" 
 if it is generally recognized as particularly suitable for or 
 readily adaptable to sporting purposes under United States Code, 
 title 18, section 925, paragraph (d)(3), or any regulations 
 adopted pursuant to that law. 

    Subd. 8.    Included weapons.  By August 1, 1993, and 
 annually thereafter, the superintendent of the bureau of 
 criminal apprehension shall publish a current authoritative list 
 of the firearms included within the definition of "semiautomatic 
 military-style assault weapon" under this section.  Dealers, 
 purchasers, and other persons may rely on the list in complying 
 with this chapter. 

    Subd. 9.    Business day.  "Business day" means a day on 
 which state offices are open for normal business and excludes 
 weekends and legal holidays. 

    Subd. 10.    Crime punishable by imprisonment for a term 
 exceeding one year.  "Crime punishable by imprisonment for a 
 term exceeding one year" does not include: 

    (1) any federal or state offense pertaining to antitrust 
 violations, unfair trade practices, restraints of trade, or 
 other similar offenses relating to the regulation of business 
 practices; or 

    (2) any state offense classified by the laws of this state 
 or any other state as a misdemeanor and punishable by a term of 
 imprisonment of two years or less. 

    What constitutes a conviction of a crime shall be 
 determined in accordance with the law of the jurisdiction in 
 which the proceedings were held.  Any conviction which has been 
 expunged, or set aside, or for which a person has been pardoned 
 or has had civil rights restored shall not be considered a 
 conviction for purposes of this definition, unless such pardon, 
 expungement, or restoration of civil rights expressly provides 
 that the person may not ship, transport, possess, or receive 
 firearms. 

    HIST: 1975 c 378 s 2; 1977 c 349 s 2; 1987 c 276 s 3; 1991 c 
 279 s 35; 1993 c 326 art 1 s 23-26; 1994 c 636 art 3 s 24-26; 
 1995 c 226 art 2 s 32; 1996 c 408 art 4 s 14 

     624.713 Certain persons not to have pistols or 
  semiautomatic military-style assault weapons; penalty. 

    Subdivision 1.    Ineligible persons.  The following 
 persons shall not be entitled to possess a pistol or 
 semiautomatic military-style assault weapon or, except for 
 clause (a), any other firearm: 

    (a) a person under the age of 18 years except that a person 
 under 18 may carry or possess a pistol or semiautomatic 
 military-style assault weapon (i) in the actual presence or 
 under the direct supervision of the person's parent or guardian, 
 (ii) for the purpose of military drill under the auspices of a 
 legally recognized military organization and under competent 
 supervision, (iii) for the purpose of instruction, competition, 
 or target practice on a firing range approved by the chief of 
 police or county sheriff in whose jurisdiction the range is 
 located and under direct supervision; or (iv) if the person has 
 successfully completed a course designed to teach marksmanship 
 and safety with a pistol or semiautomatic military-style assault 
 weapon and approved by the commissioner of natural resources; 

    (b) except as otherwise provided in clause (i), a person 
 who has been convicted of, or adjudicated delinquent or 
 convicted as an extended jurisdiction juvenile for committing, 
 in this state or elsewhere, a crime of violence unless ten years 
 have elapsed since the person has been restored to civil rights 
 or the sentence or disposition has expired, whichever occurs 
 first, and during that time the person has not been convicted of 
 or adjudicated for any other crime of violence.  For purposes of 
 this section, crime of violence includes crimes in other states 
 or jurisdictions which would have been crimes of violence as 
 herein defined if they had been committed in this state; 

    (c) a person who is or has ever been confined in Minnesota 
 or elsewhere as a "mentally ill," "mentally retarded," or 
 "mentally ill and dangerous to the public" person as defined in 
 section 253B.02, to a treatment facility, or who has ever been 
 found incompetent to stand trial or not guilty by reason of 
 mental illness, unless the person possesses a certificate of a 
 medical doctor or psychiatrist licensed in Minnesota, or other 
 satisfactory proof that the person is no longer suffering from 
 this disability; 

    (d) a person who has been convicted in Minnesota or 
 elsewhere of a misdemeanor or gross misdemeanor violation of 
 chapter 152, or a person who is or has ever been hospitalized or 
 committed for treatment for the habitual use of a controlled 
 substance or marijuana, as defined in sections 152.01 and 
 152.02, unless the person possesses a certificate of a medical 
 doctor or psychiatrist licensed in Minnesota, or other 
 satisfactory proof, that the person has not abused a controlled 
 substance or marijuana during the previous two years; 

    (e) a person who has been confined or committed to a 
 treatment facility in Minnesota or elsewhere as "chemically 
 dependent" as defined in section 253B.02, unless the person has 
 completed treatment.  Property rights may not be abated but 
 access may be restricted by the courts; 

    (f) a peace officer who is informally admitted to a 
 treatment facility pursuant to section 253B.04 for chemical 
 dependency, unless the officer possesses a certificate from the 
 head of the treatment facility discharging or provisionally 
 discharging the officer from the treatment facility.  Property 
 rights may not be abated but access may be restricted by the 
 courts; 

    (g) a person, including a person under the jurisdiction of 
 the juvenile court, who has been charged with committing a crime 
 of violence and has been placed in a pretrial diversion program 
 by the court before disposition, until the person has completed 
 the diversion program and the charge of committing the crime of 
 violence has been dismissed; 

    (h) except as otherwise provided in clause (i), a person 
 who has been convicted in another state of committing an offense 
 similar to the offense described in section 609.224, subdivision 
 3, against a family or household member or section 609.2242, 
 subdivision 3, unless three years have elapsed since the date of 
 conviction and, during that time, the person has not been 
 convicted of any other violation of section 609.224, subdivision 
 3, or 609.2242, subdivision 3, or a similar law of another 
 state; 

    (i) a person who has been convicted in this state or 
 elsewhere of assaulting a family or household member and who was 
 found by the court to have used a firearm in any way during 
 commission of the assault is prohibited from possessing any type 
 of firearm for the period determined by the sentencing court; or 

    (j) a person who: 

    (1) has been convicted in any court of a crime punishable 
 by imprisonment for a term exceeding one year; 

    (2) is a fugitive from justice as a result of having fled 
 from any state to avoid prosecution for a crime or to avoid 
 giving testimony in any criminal proceeding; 

    (3) is an unlawful user of any controlled substance as 
 defined in chapter 152; 

    (4) has been judicially committed to a treatment facility 
 in Minnesota or elsewhere as a "mentally ill," "mentally 
 retarded," or "mentally ill and dangerous to the public" person 
 as defined in section 253B.02; 

    (5) is an alien who is illegally or unlawfully in the 
 United States; 

    (6) has been discharged from the armed forces of the United 
 States under dishonorable conditions; or 

    (7) has renounced the person's citizenship having been a 
 citizen of the United States. 

    A person who issues a certificate pursuant to this 
 subdivision in good faith is not liable for damages resulting or 
 arising from the actions or misconduct with a firearm committed 
 by the individual who is the subject of the certificate. 

    The prohibition in this subdivision relating to the 
 possession of firearms other than pistols and semiautomatic 
 military-style assault weapons does not apply retroactively to 
 persons who are prohibited from possessing a pistol or 
 semiautomatic military-style assault weapon under this 
 subdivision before August 1, 1994. 

    Subd. 1a.    Ineligible to receive, ship, transport.  A 
 person presently charged with a crime punishable by imprisonment 
 for a term exceeding one year shall not be entitled to receive, 
 ship, or transport any pistol or semiautomatic military-style 
 assault weapon.  A violation of this subdivision is a gross 
 misdemeanor. 

    Subd. 2.    Penalties.  A person named in subdivision 1, 
 clause (a), who possesses a pistol or semiautomatic 
 military-style assault weapon is guilty of a felony and may be 
 sentenced to imprisonment for not more than five years or to 
 payment of a fine of not more than $10,000, or both.  A person 
 named in subdivision 1, clause (b), who possesses any type of 
 firearm is guilty of a felony and may be sentenced to 
 imprisonment for not more than 15 years or to payment of a fine 
 of not more than $30,000, or both.  A person named in any other 
 clause of subdivision 1 who possesses any type of firearm is 
 guilty of a gross misdemeanor.  

    Subd. 3.    Notice.  (a) When a person is convicted of, 
 or adjudicated delinquent or convicted as an extended 
 jurisdiction juvenile for committing, a crime of violence as 
 defined in section 624.712, subdivision 5, the court shall 
 inform the defendant that the defendant is prohibited from 
 possessing a pistol or semiautomatic military-style assault 
 weapon for a period of ten years after the person was restored 
 to civil rights or since the sentence or disposition has 
 expired, whichever occurs first, and that it is a felony offense 
 to violate this prohibition.  The failure of the court to 
 provide this information to a defendant does not affect the 
 applicability of the pistol or semiautomatic military-style 
 assault weapon possession prohibition or the felony penalty to 
 that defendant. 

    (b) When a person, including a person under the 
 jurisdiction of the juvenile court, is charged with committing a 
 crime of violence and is placed in a pretrial diversion program 
 by the court before disposition, the court shall inform the 
 defendant that:  (1) the defendant is prohibited from possessing 
 a pistol or semiautomatic military-style assault weapon until 
 the person has completed the diversion program and the charge of 
 committing a crime of violence has been dismissed; (2) it is a 
 gross misdemeanor offense to violate this prohibition; and (3) 
 if the defendant violates this condition of participation in the 
 diversion program, the charge of committing a crime of violence 
 may be prosecuted.  The failure of the court to provide this 
 information to a defendant does not affect the applicability of 
 the pistol or semiautomatic military-style assault weapon 
 possession prohibition or the gross misdemeanor penalty to that 
 defendant. 

    HIST: 1975 c 378 s 3; 1983 c 269 s 2; 1Sp1985 c 9 art 2 s 98; 
 1986 c 444; 1991 c 279 s 36; 1992 c 537 s 3; 1993 c 326 art 1 s 
 27; 1993 c 366 s 11; 1994 c 576 s 55,56; 1994 c 636 art 3 s 
 27,28; 1995 c 259 art 3 s 21; 1996 c 408 art 4 s 15 

     624.7131 Transferee permit; penalty. 

    Subdivision 1.    Information.  Any person may apply for 
 a transferee permit by providing the following information in 
 writing to the chief of police of an organized full time police 
 department of the municipality in which the person resides or to 
 the county sheriff if there is no such local chief of police: 

    (a) the name, residence, telephone number and driver's 
 license number or nonqualification certificate number, if any, 
 of the proposed transferee; 

    (b) the sex, date of birth, height, weight and color of 
 eyes, and distinguishing physical characteristics, if any, of 
 the proposed transferee; 

    (c) a statement that the proposed transferee authorizes the 
 release to the local police authority of commitment information 
 about the proposed transferee maintained by the commissioner of 
 human services, to the extent that the information relates to 
 the proposed transferee's eligibility to possess a pistol or 
 semiautomatic military-style assault weapon under section 
 624.713, subdivision 1; and 

    (d) a statement by the proposed transferee that the 
 proposed transferee is not prohibited by section 624.713 from 
 possessing a pistol or semiautomatic military-style assault 
 weapon. 

    The statements shall be signed and dated by the person 
 applying for a permit.  At the time of application, the local 
 police authority shall provide the applicant with a dated 
 receipt for the application.  The statement under clause (c) 
 must comply with any applicable requirements of Code of Federal 
 Regulations, title 42, sections 2.31 to 2.35, with respect to 
 consent to disclosure of alcohol or drug abuse patient records. 

    Subd. 2.    Investigation.  The chief of police or 
 sheriff shall check criminal histories, records and warrant 
 information relating to the applicant through the Minnesota 
 crime information system and the national criminal record 
 repository and shall make a reasonable effort to check other 
 available state and local record keeping systems.  The chief of 
 police or sheriff shall obtain commitment information from the 
 commissioner of human services as provided in section 245.041. 

    Subd. 3.    Forms.  Chiefs of police and sheriffs shall 
 make transferee permit application forms available throughout 
 the community.  There shall be no charge for forms, reports, 
 investigations, notifications, waivers or any other act 
 performed or materials provided by a government employee or 
 agency in connection with application for or issuance of a 
 transferee permit. 

    Subd. 4.    Grounds for disqualification.  A 
 determination by the chief of police or sheriff that the 
 applicant is prohibited by section 624.713 from possessing a 
 pistol or semiautomatic military-style assault weapon shall be 
 the only basis for refusal to grant a transferee permit. 

    Subd. 5.    Granting of permits.  The chief of police 
 or sheriff shall issue a transferee permit or deny the 
 application within seven days of application for the permit.  
 The chief of police or sheriff shall provide an applicant with 
 written notification of a denial and the specific reason for the 
 denial.  The permits and their renewal shall be granted free of 
 charge. 

    Subd. 6.    Permits valid statewide.  Transferee permits 
 issued pursuant to this section are valid statewide and shall 
 expire after one year.  A transferee permit may be renewed in 
 the same manner and subject to the same provisions by which the 
 original permit was obtained, except that all renewed permits 
 must comply with the standards adopted by the commissioner of 
 public safety under section 624.7151.  Permits issued pursuant 
 to this section are not transferable.  A person who transfers a 
 permit in violation of this subdivision is guilty of a 
 misdemeanor. 

    Subd. 7.    Permit voided.  The transferee permit shall 
 be void at the time that the holder becomes prohibited from 
 possessing a pistol under section 624.713, in which event the 
 holder shall return the permit within five days to the issuing 
 authority.  Failure of the holder to return the permit within 
 the five days is a misdemeanor unless the court finds that the 
 circumstances or the physical or mental condition of the permit 
 holder prevented the holder from complying with the return 
 requirement. 

    Subd. 8.    Hearing upon denial.  Any person aggrieved 
 by denial of a transferee permit may appeal the denial to the 
 district court having jurisdiction over the county or 
 municipality in which the denial occurred. 

    Subd. 9.    Permit to carry.  A valid permit to carry 
 issued pursuant to section 624.714 constitutes a transferee 
 permit for the purposes of this section and section 624.7132. 

    Subd. 10.    Transfer report not required.  A person who 
 transfers a pistol or semiautomatic military-style assault 
 weapon to a person exhibiting a valid transferee permit issued 
 pursuant to this section or a valid permit to carry issued 
 pursuant to section 624.714 is not required to file a transfer 
 report pursuant to section 624.7132, subdivision 1. 

    Subd. 11.    Penalty.  A person who makes a false 
 statement in order to obtain a transferee permit knowing or 
 having reason to know the statement is false is guilty of a 
 gross misdemeanor. 

    Subd. 12.    Local regulation.  This section shall be 
 construed to supersede municipal or county regulation of the 
 issuance of transferee permits. 

    HIST: 1977 c 349 s 4; 1986 c 444; 1992 c 571 art 15 s 5,6; 
 1993 c 326 art 1 s 28-30; 1994 c 618 art 1 s 41,42; 1994 c 636 
 art 3 s 29-31; 1998 c 254 art 2 s 67 

     624.7132 Report of transfer. 

    Subdivision 1.    Required information.  Except as 
 provided in this section and section 624.7131, every person who 
 agrees to transfer a pistol or semiautomatic military-style 
 assault weapon shall report the following information in writing 
 to the chief of police of the organized full-time police 
 department of the municipality where the proposed transferee 
 resides or to the appropriate county sheriff if there is no such 
 local chief of police: 

    (a) the name, residence, telephone number and driver's 
 license number or nonqualification certificate number, if any, 
 of the proposed transferee; 

    (b) the sex, date of birth, height, weight and color of 
 eyes, and distinguishing physical characteristics, if any, of 
 the proposed transferee; 

    (c) a statement that the proposed transferee authorizes the 
 release to the local police authority of commitment information 
 about the proposed transferee maintained by the commissioner of 
 human services, to the extent that the information relates to 
 the proposed transferee's eligibility to possess a pistol or 
 semiautomatic military-style assault weapon under section 
 624.713, subdivision 1; 

    (d) a statement by the proposed transferee that the 
 transferee is not prohibited by section 624.713 from possessing 
 a pistol or semiautomatic military-style assault weapon; and 

    (e) the address of the place of business of the transferor. 

    The report shall be signed and dated by the transferor and 
 the proposed transferee.  The report shall be delivered by the 
 transferor to the chief of police or sheriff no later than three 
 days after the date of the agreement to transfer, excluding 
 weekends and legal holidays.  The statement under clause (c) 
 must comply with any applicable requirements of Code of Federal 
 Regulations, title 42, sections 2.31 to 2.35, with respect to 
 consent to disclosure of alcohol or drug abuse patient records. 

    Subd. 2.    Investigation.  Upon receipt of a transfer 
 report, the chief of police or sheriff shall check criminal 
 histories, records and warrant information relating to the 
 proposed transferee through the Minnesota crime information 
 system and the national criminal record repository and shall 
 make a reasonable effort to check other available state and 
 local record keeping systems.  The chief of police or sheriff 
 shall obtain commitment information from the commissioner of 
 human services as provided in section 245.041. 

    Subd. 3.    Notification.  The chief of police or 
 sheriff shall notify the transferor and proposed transferee in 
 writing as soon as possible if the chief or sheriff determines 
 that the proposed transferee is prohibited by section 624.713 
 from possessing a pistol or semiautomatic military-style assault 
 weapon.  The notification to the transferee shall specify the 
 grounds for the disqualification of the proposed transferee and 
 shall set forth in detail the transferee's right of appeal under 
 subdivision 13. 

    Subd. 4.    Delivery.  Except as otherwise provided in 
 subdivision 7 or 8, no person shall deliver a pistol or 
 semiautomatic military-style assault weapon to a proposed 
 transferee until five business days after the date the agreement 
 to transfer is delivered to a chief of police or sheriff in 
 accordance with subdivision 1 unless the chief of police or 
 sheriff waives all or a portion of the seven day waiting 
 period.  The chief of police or sheriff may waive all or a 
 portion of the five business day waiting period in writing if 
 the chief of police or sheriff finds that the transferee 
 requires access to a pistol or semiautomatic military-style 
 assault weapon because of a threat to the life of the transferee 
 or of any member of the household of the transferee. 

    No person shall deliver a pistol or semiautomatic 
 military-style assault weapon to a proposed transferee after 
 receiving a written notification that the chief of police or 
 sheriff has determined that the proposed transferee is 
 prohibited by section 624.713 from possessing a pistol or 
 semiautomatic military-style assault weapon. 

    If the transferor makes a report of transfer and receives 
 no written notification of disqualification of the proposed 
 transferee within five business days after delivery of the 
 agreement to transfer, the pistol or semiautomatic 
 military-style assault weapon may be delivered to the transferee.

    Subd. 5.    Grounds for disqualification.  A 
 determination by the chief of police or sheriff that the 
 proposed transferee is prohibited by section 624.713 from 
 possessing a pistol or semiautomatic military-style assault 
 weapon shall be the sole basis for a notification of 
 disqualification under this section. 

    Subd. 6.    Transferee permit.  If a chief of police or 
 sheriff determines that a transferee is not a person prohibited 
 by section 624.713 from possessing a pistol or semiautomatic 
 military-style assault weapon, the transferee may, within 30 
 days after the determination, apply to that chief of police or 
 sheriff for a transferee permit, and the permit shall be issued. 

    Subd. 7. Repealed, 1994 c 636 art 3 s 46 

    Subd. 8.    Report not required.  If the proposed 
 transferee presents a valid transferee permit issued under 
 section 624.7131 or a valid permit to carry issued under section 
 624.714, the transferor need not file a transfer report. 

    Subd. 9.    Number of pistols or semiautomatic 
 military-style assault weapons.  Any number of pistols or 
 semiautomatic military-style assault weapons may be the subject 
 of a single transfer agreement and report to the chief of police 
 or sheriff.  Nothing in this section or section 624.7131 shall 
 be construed to limit or restrict the number of pistols or 
 semiautomatic military-style assault weapons a person may 
 acquire. 

    Subd. 10.    Restriction on records.  If, after a 
 determination that the transferee is not a person prohibited by 
 section 624.713 from possessing a pistol or semiautomatic 
 military-style assault weapon, a transferee requests that no 
 record be maintained of the fact of who is the transferee of a 
 pistol or semiautomatic military-style assault weapon, the chief 
 of police or sheriff shall sign the transfer report and return 
 it to the transferee as soon as possible.  Thereafter, no 
 government employee or agency shall maintain a record of the 
 transfer that identifies the transferee, and the transferee 
 shall retain the report of transfer. 

    Subd. 11.    Forms; cost.  Chiefs of police and sheriffs 
 shall make transfer report forms available throughout the 
 community.  There shall be no charge for forms, reports, 
 investigations, notifications, waivers or any other act 
 performed or materials provided by a government employee or 
 agency in connection with a transfer. 

    Subd. 12.    Exclusions.  Except as otherwise provided 
 in section 609.66, subdivision 1f, this section shall not apply 
 to transfers of antique firearms as curiosities or for their 
 historical significance or value, transfers to or between 
 federally licensed firearms dealers, transfers by order of 
 court, involuntary transfers, transfers at death or the 
 following transfers: 

    (a) a transfer by a person other than a federally licensed 
 firearms dealer; 

    (b) a loan to a prospective transferee if the loan is 
 intended for a period of no more than one day; 

    (c) the delivery of a pistol or semiautomatic 
 military-style assault weapon to a person for the purpose of 
 repair, reconditioning or remodeling; 

    (d) a loan by a teacher to a student in a course designed 
 to teach marksmanship or safety with a pistol and approved by 
 the commissioner of natural resources; 

    (e) a loan between persons at a firearms collectors 
 exhibition; 

    (f) a loan between persons lawfully engaged in hunting or 
 target shooting if the loan is intended for a period of no more 
 than 12 hours; 

    (g) a loan between law enforcement officers who have the 
 power to make arrests other than citizen arrests; and 

    (h) a loan between employees or between the employer and an 
 employee in a business if the employee is required to carry a 
 pistol or semiautomatic military-style assault weapon by reason 
 of employment and is the holder of a valid permit to carry a 
 pistol.  

    Subd. 13.    Appeal.  A person aggrieved by the 
 determination of a chief of police or sheriff that the person is 
 prohibited by section 624.713 from possessing a pistol or 
 semiautomatic military-style assault weapon may appeal the 
 determination as provided in this subdivision.  The district 
 court shall have jurisdiction of proceedings under this 
 subdivision.  

    On review pursuant to this subdivision, the court shall be 
 limited to a determination of whether the proposed transferee is 
 a person prohibited from possessing a pistol or semiautomatic 
 military-style assault weapon by section 624.713. 

    Subd. 14.    Transfer to unknown party.  (a) No person 
 shall transfer a pistol or semiautomatic military-style assault 
 weapon to another who is not personally known to the transferor 
 unless the proposed transferee presents evidence of identity to 
 the transferor.  

    (b) No person who is not personally known to the transferor 
 shall become a transferee of a pistol or semiautomatic 
 military-style assault weapon unless the person presents 
 evidence of identity to the transferor. 

    (c) The evidence of identity shall contain the name, 
 residence address, date of birth, and photograph of the proposed 
 transferee; must be made or issued by or under the authority of 
 the United States government, a state, a political subdivision 
 of a state, a foreign government, a political subdivision of a 
 foreign government, an international governmental or an 
 international quasi-governmental organization; and must be of a 
 type commonly accepted for the purpose of identification of 
 individuals. 

    (d) A person who becomes a transferee of a pistol or 
 semiautomatic military-style assault weapon in violation of this 
 subdivision is guilty of a misdemeanor. 

    Subd. 15.    Penalties.  (a) Except as otherwise 
 provided in paragraph (b), a person who does any of the 
 following is guilty of a gross misdemeanor: 

    (1) transfers a pistol or semiautomatic military-style 
 assault weapon in violation of subdivisions 1 to 13; 

    (2) transfers a pistol or semiautomatic military-style 
 assault weapon to a person who has made a false statement in 
 order to become a transferee, if the transferor knows or has 
 reason to know the transferee has made the false statement; 

    (3) knowingly becomes a transferee in violation of 
 subdivisions 1 to 13; or 

    (4) makes a false statement in order to become a transferee 
 of a pistol or semiautomatic military-style assault weapon 
 knowing or having reason to know the statement is false. 

    (b) A person who does either of the following is guilty of 
 a felony:  

    (1) transfers a pistol or semiautomatic military-style 
 assault weapon to a person under the age of 18 in violation of 
 subdivisions 1 to 13; or 

    (2) transfers a pistol or semiautomatic military-style 
 assault weapon to a person under the age of 18 who has made a 
 false statement in order to become a transferee, if the 
 transferor knows or has reason to know the transferee has made 
 the false statement. 

    Subd. 16.    Local regulation.  This section shall be 
 construed to supersede municipal or county regulation of the 
 transfer of pistols. 

    HIST: 1977 c 349 s 5; 1985 c 144 s 2; 1986 c 444; 1992 c 571 
 art 15 s 7; 1993 c 326 art 1 s 31; 1994 c 576 s 57; 1994 c 618 
 art 1 s 43,44; 1994 c 636 art 3 s 32-37; 1996 c 305 art 1 s 122; 
 1998 c 254 art 2 s 68 

     624.714 Carrying of weapons without permit; penalties. 

    Subdivision 1.    Penalty.  (a) A person, other than a 
 law enforcement officer who has authority to make arrests other 
 than citizens arrests, who carries, holds or possesses a pistol 
 in a motor vehicle, snowmobile or boat, or on or about the 
 person's clothes or the person, or otherwise in possession or 
 control in a public place or public area without first having 
 obtained a permit to carry the pistol is guilty of a gross 
 misdemeanor.  A person who is convicted a second or subsequent 
 time is guilty of a felony.  

    (b) A person who has been issued a permit and who engages 
 in activities other than those for which the permit has been 
 issued, is guilty of a misdemeanor. 

    Subd. 2.    Where application made.  Applications for 
 permits to carry shall be made to the chief of police of an 
 organized full-time police department of the municipality where 
 the applicant resides or to the county sheriff where there is no 
 such local chief of police where the applicant resides.  At the 
 time of application, the local police authority shall provide 
 the applicant with a dated receipt for the application. 

    Subd. 3.    Contents.  Applications for permits to carry 
 shall set forth in writing the following information: 

    (1) the name, residence, telephone number, and driver's 
 license number or nonqualification certificate number, if any, 
 of the applicant; 

    (2) the sex, date of birth, height, weight, and color of 
 eyes and hair, and distinguishing physical characteristics, if 
 any, of the applicant; 

    (3) a statement that the applicant authorizes the release 
 to the local police authority of commitment information about 
 the applicant maintained by the commissioner of human services, 
 to the extent that the information relates to the applicant's 
 eligibility to possess a pistol or semiautomatic military-style 
 assault weapon under section 624.713, subdivision 1; 

    (4) a statement by the applicant that the applicant is not 
 prohibited by section 624.713 from possessing a pistol or 
 semiautomatic military-style assault weapon; and 

    (5) a recent color photograph of the applicant. 

 The application shall be signed and dated by the applicant.  The 
 statement under clause (3) must comply with any applicable 
 requirements of Code of Federal Regulations, title 42, sections 
 2.31 to 2.35, with respect to consent to disclosure of alcohol 
 or drug abuse patient records. 

    Subd. 4.    Investigation.  The application authority 
 shall check criminal records, histories, and warrant information 
 on each applicant through the Minnesota Crime Information System.
 The chief of police or sheriff shall obtain commitment 
 information from the commissioner of human services as provided 
 in section 245.041. 

    Subd. 5.    Granting of permits.  No permit to carry 
 shall be granted to a person unless the applicant: 

    (a) Is not a person prohibited by section 624.713 from 
 possessing a pistol; 

    (b) Provides a firearms safety certificate recognized by 
 the department of natural resources, evidence of successful 
 completion of a test of ability to use a firearm supervised by 
 the chief of police or sheriff or other satisfactory proof of 
 ability to use a pistol safely; and 

    (c) Has an occupation or personal safety hazard requiring a 
 permit to carry. 

    Subd. 6.    Failure to grant permits.  Failure of the 
 chief police officer or the county sheriff to deny the 
 application or issue a permit to carry a pistol within 21 days 
 of the date of application shall be deemed to be a grant 
 thereof.  The local police authority shall provide an applicant 
 with written notification of a denial and the specific reason 
 for the denial. A chief of police or a sheriff may charge a fee 
 to cover the cost of conducting a background check, not to 
 exceed $10.  The permit shall specify the activities for which 
 it shall be valid. 

    Subd. 7.    Renewal.  Permits to carry a pistol issued 
 pursuant to this section shall expire after one year and shall 
 thereafter be renewed in the same manner and subject to the same 
 provisions by which the original permit was obtained, except 
 that all renewed permits must comply with the standards adopted 
 by the commissioner of public safety under section 624.7161. 

    Subd. 8.    Permit to carry voided.  The permit to 
 carry shall be void at the time that the holder becomes 
 prohibited from possessing a pistol under section 624.713, in 
 which event the holder shall return the permit within five days 
 to the application authority.  Failure of the holder to return 
 the permit within the five days is a gross misdemeanor unless 
 the court finds that the circumstances or the physical or mental 
 condition of the permit holder prevented the holder from 
 complying with the return requirement. 

    Subd. 9.    Carrying pistols about one's premises or for 
 purposes of repair, target practice.  A permit to carry is 
 not required of a person: 

    (a) To keep or carry about the person's place of business, 
 dwelling house, premises or on land possessed by the person a 
 pistol; 

    (b) To carry a pistol from a place of purchase to the 
 person's dwelling house or place of business, or from the 
 person's dwelling house or place of business to or from a place 
 where repairing is done, to have the pistol repaired; 

    (c) To carry a pistol between the person's dwelling house 
 and place of business; 

    (d) To carry a pistol in the woods or fields or upon the 
 waters of this state for the purpose of hunting or of target 
 shooting in a safe area; or 

    (e) To transport a pistol in a motor vehicle, snowmobile or 
 boat if the pistol is unloaded, contained in a closed and 
 fastened case, gunbox, or securely tied package. 

    Subd. 10.    False representations.  A person who gives 
 or causes to be given any false information in applying for a 
 permit to carry, knowing or having reason to know the 
 information is false, is guilty of a gross misdemeanor. 

    Subd. 11.    No limit on number of pistols.  A person 
 shall not be restricted as to the number of pistols the person 
 may carry. 

    Subd. 12.    Hearing upon denial.  Any person aggrieved 
 by denial of a permit to carry may appeal the denial to the 
 district court having jurisdiction over the county or 
 municipality wherein the notification or denial occurred.  The 
 matter shall be heard de novo without a jury. 

    Subd. 13.    Exemptions; adult correctional facility 
 officers.  A permit to carry a pistol is not required of any 
 officer of a state adult correctional facility when on guard 
 duty or otherwise engaged in an assigned duty. 

    HIST: 1975 c 378 s 4; 1976 c 269 s 1; 1977 c 349 s 3; 1983 c 
 264 s 10; 1986 c 444; 1992 c 571 art 15 s 8,9; 1993 c 326 art 1 
 s 32; 1994 c 618 art 1 s 45,46; 1994 c 636 art 3 s 38-40; 1998 c 
 254 art 2 s 69 

     624.7141 Transfer to ineligible person. 

    Subdivision 1.    Transfer prohibited.  A person is 
 guilty of a gross misdemeanor who intentionally transfers a 
 pistol or semiautomatic military-style assault weapon to another 
 if the person knows that the transferee: 

    (1) has been denied a permit to carry under section 624.714 
 because the transferee is not eligible under section 624.713 to 
 possess a pistol or semiautomatic military-style assault weapon; 

    (2) has been found ineligible to possess a pistol or 
 semiautomatic military-style assault weapon by a chief of police 
 or sheriff as a result of an application for a transferee permit 
 or a transfer report; or 

    (3) is disqualified under section 624.713 from possessing a 
 pistol or semiautomatic military-style assault weapon. 

    Subd. 2.    Felony.  A violation of this section is a 
 felony if the transferee possesses or uses the weapon within one 
 year after the transfer in furtherance of a felony crime of 
 violence. 

    Subd. 3.    Subsequent eligibility.  This section is not 
 applicable to a transfer to a person who became eligible to 
 possess a pistol or semiautomatic military-style assault weapon 
 under section 624.713 after the transfer occurred but before the 
 transferee used or possessed the weapon in furtherance of any 
 crime. 

    HIST: 1994 c 636 art 3 s 41 

     624.715 Exemptions; antiques and ornaments.  

    Sections 624.713 and 624.714 shall not apply to antique 
 firearms which are carried or possessed as curiosities or for 
 their historical significance or value.  

    HIST: 1975 c 378 s 5 

     624.7151 Standardized forms. 

    By December 1, 1992, the commissioner of public safety 
 shall adopt statewide standards governing the form and contents, 
 as required by sections 624.7131 to 624.714, of every 
 application for a pistol transferee permit, pistol transferee 
 permit, report of transfer of a pistol, application for a permit 
 to carry a pistol, and permit to carry a pistol that is granted 
 or renewed on or after January 1, 1993.  

    Every application for a pistol transferee permit, pistol 
 transferee permit, report of transfer of a pistol, application 
 for a permit to carry a pistol, and permit to carry a pistol 
 that is received, granted, or renewed by a police chief or 
 county sheriff on or after January 1, 1993, must meet the 
 statewide standards adopted by the commissioner of public safety.
 Notwithstanding the previous sentence, neither failure of the 
 department of public safety to adopt standards nor failure of 
 the police chief or county sheriff to meet them shall delay the 
 timely processing of applications nor invalidate permits issued 
 on other forms meeting the requirements of sections 624.7131 to 
 624.714. 

    HIST: 1992 c 571 art 15 s 10; 1997 c 187 art 2 s 15 

     624.716 Saturday night specials prohibited; penalty.  

    Any federally licensed firearms dealer who sells a Saturday 
 Night Special Pistol, or any person who manufactures or 
 assembles a Saturday Night Special Pistol in whole or in part, 
 shall be guilty of a gross misdemeanor.  

    HIST: 1975 c 378 s 6 

     624.7161 Firearms dealers; certain security measures 
  required. 

    Subdivision 1.    Definitions.  (a) For purposes of this 
 section, the following terms have the meanings given. 

    (b) "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. 

    (c) "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. 

    (d) "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. 

    Subd. 2.    Security measures required.  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 pistol's trigger guards.  The safe, gun cabinet, 
 rod, or cable must be anchored to prevent its removal from the 
 premises. 

    Subd. 3.    Security standards.  The commissioner of 
 public safety shall adopt standards specifying minimum security 
 requirements for small and large firearms dealers.  By January 
 1, 1993, all firearms dealers shall comply with the standards.  
 The standards may provide for: 

    (1) alarm systems for small and large firearms dealers; 

    (2) site hardening and other necessary and effective 
 security measures required for large firearms dealers; 

    (3) a system of inspections, during normal business hours, 
 by local law enforcement officials for compliance with the 
 standards; and 

    (4) other reasonable requirements necessary and effective 
 to reduce the risk of burglaries at firearms dealers' business 
 establishments. 

    HIST: 1992 c 571 art 15 s 11 

     624.7162 Firearms dealers; safety requirements. 

    Subdivision 1.    Firearms dealers.  For purposes of 
 this section, a firearms dealer is any person who is federally 
 licensed to sell firearms from any location. 

    Subd. 2.    Notice required.  In each business location 
 where firearms are sold by a firearms dealer, the dealer shall 
 post in a conspicuous location the following warning in block 
 letters not less than one inch in height:  "IT IS UNLAWFUL TO 
 STORE OR LEAVE A LOADED FIREARM WHERE A CHILD CAN OBTAIN ACCESS."

    Subd. 3.    Fine.  A person who violates the provisions 
 of this section is guilty of a petty misdemeanor and may be 
 fined not more than $200. 

    HIST: 1993 c 326 art 1 s 33 

     624.717 Local regulation. 

    Sections 624.711 to 624.716 shall be construed to supersede 
 municipal or county regulation of the carrying or possessing of 
 pistols and the regulation of Saturday Night Special Pistols. 

    HIST: 1975 c 378 s 7; 1985 c 144 s 3 

  624.718 Repealed, 1985 c 144 s 4 

     624.7181 Rifles and shotguns in public places. 

    Subdivision 1.    Definitions.  For purposes of this 
 section, the following terms have the meanings given them. 

    (a) "BB gun" means a device that fires or ejects a shot 
 measuring .18 of an inch or less in diameter. 

    (b) "Carry" does not include: 

    (1) the carrying of a BB gun, rifle, or shotgun to, from, 
 or at a place where firearms are repaired, bought, sold, traded, 
 or displayed, or where hunting, target shooting, or other lawful 
 activity involving firearms occurs, or at funerals, parades, or 
 other lawful ceremonies; 

    (2) the carrying by a person of a BB gun, rifle, or shotgun 
 that is unloaded and in a gun case expressly made to contain a 
 firearm, if the case fully encloses the firearm by being zipped, 
 snapped, buckled, tied, or otherwise fastened, and no portion of 
 the firearm is exposed; 

    (3) the carrying of a BB gun, rifle, or shotgun by a person 
 who has a permit under section 624.714; 

    (4) the carrying of an antique firearm as a curiosity or 
 for its historical significance or value; or 

    (5) the transporting of a BB gun, rifle, or shotgun in 
 compliance with section 97B.045. 

    (c) "Public place" means property owned, leased, or 
 controlled by a governmental unit and private property that is 
 regularly and frequently open to or made available for use by 
 the public in sufficient numbers to give clear notice of the 
 property's current dedication to public use but does not include:
 a person's dwelling house or premises, the place of business 
 owned or managed by the person, or land possessed by the person; 
 a gun show, gun shop, or hunting or target shooting facility; or 
 the woods, fields, or waters of this state where the person is 
 present lawfully for the purpose of hunting or target shooting 
 or other lawful activity involving firearms. 

    Subd. 2.    Penalties.  Whoever carries a BB gun, rifle, 
 or shotgun on or about the person in a public place is guilty of 
 a gross misdemeanor.  A person under the age of 21 who carries a 
 semiautomatic military-style assault weapon, as defined in 
 section 624.712, subdivision 7, on or about the person in a 
 public place is guilty of a felony. 

    Subd. 3.    Exceptions.  This section does not apply to 
 officers, employees, or agents of law enforcement agencies or 
 the armed forces of this state or the United States, or private 
 detectives or protective agents, to the extent that these 
 persons are authorized by law to carry firearms and are acting 
 in the scope of their official duties. 

    HIST: 1993 c 326 art 1 s 34; 1994 c 576 s 58; 1994 c 636 art 3 
 s 42 

     624.719 Possession of firearm by nonresident alien. 

    A nonresident alien may not possess a firearm except to 
 take game as a nonresident under the game and fish laws.  A 
 firearm possessed in violation of this section is contraband and 
 may be confiscated.  

    HIST: 1986 c 386 art 4 s 32 

     624.72 Interference with use of public property.  

    Subdivision 1.  The state of Minnesota acknowledges and 
 reaffirms the right of its citizens to petition, peacefully and 
 in an orderly manner, all levels and units of government for the 
 redress of grievances of whatever nature, but also affirms that 
 functions and proceedings of governmental bodies and agencies 
 must remain free from organized or calculated confusion, 
 disturbance or delay, and that to this end rules and regulations 
 for the governance of public property and business lawfully 
 promulgated must be observed.  

    Subd. 2.  As used in this section, "public property" means 
 any building or other property owned by or in control of the 
 state or any of its political subdivisions or of the board of 
 regents of the University of Minnesota.  

    Subd. 3.  For the purpose of protecting the free, proper 
 and lawful access to, egress from and proper use of public 
 property, and for the purpose of protecting the conduct of 
 public business therein or thereon, free from interference, or 
 disruption or the threat thereof, the legislature or any public 
 officer, agency or board having the supervision thereof may to 
 that end promulgate reasonable rules and regulations.  

    Subd. 4.  Violation of a rule or regulation which has been 
 published, posted, or announced in a reasonable manner at the 
 time of such conduct shall be prima facie evidence of intent to 
 violate this section.  

    Subd. 5.  Whoever, intentionally, or through coercion, 
 force or intimidation, denies or interferes with the lawful 
 right of another to the free access to or egress from or to use 
 or remain in or upon public property or in like manner 
 interferes with the transaction of public business therein or 
 thereon may be sentenced to imprisonment for not more than one 
 year or a fine of not more than $3,000 or both.  

    Subd. 6.  Nothing contained herein shall in any way affect 
 the provisions of chapter 179.  

    HIST: 1969 c 767 s 1-6; 1984 c 628 art 3 s 11 

  624.73 Repealed, 1981 c 283 s 2 

     624.731 Tear gas and tear gas compounds; electronic 
  incapacitation devices. 

    Subdivision 1.    Definitions.  For the purposes of this 
 section: 

    (a) "authorized tear gas compound" means a lachrymator or 
 any substance composed of a mixture of a lachrymator including 
 chloroacetophenone, alpha-chloroacetophenone; 
 phenylchloromethylketone, orthochlorobenzalmalononitrile or 
 oleoresin capsicum, commonly known as tear gas; and 

    (b) "electronic incapacitation device" means a portable 
 device which is designed or intended by the manufacturer to be 
 used, offensively or defensively, to temporarily immobilize or 
 incapacitate persons by means of electric pulse or current, 
 including devices operating by means of carbon dioxide 
 propellant.  "Electronic incapacitation device" does not include 
 cattle prods, electric fences, or other electric devices when 
 used in agricultural, animal husbandry, or food production 
 activities. 

    Subd. 2.    Authorized possession; use.  (a) A person 
 may possess and use an authorized tear gas compound in the 
 exercise of reasonable force in defense of the person or the 
 person's property only if it is propelled from an aerosol 
 container, labeled with or accompanied by clearly written 
 instructions as to its use and the dangers involved in its use, 
 and dated to indicate its anticipated useful life.  

    (b) A person may possess and use an electronic 
 incapacitation device in the exercise of reasonable force in 
 defense of the person or the person's property only if the 
 electronic incapacitation device is labeled with or accompanied 
 by clearly written instructions as to its use and the dangers 
 involved in its use.  

    Subd. 3.    Prohibited possession; use.  (a) No person 
 under the age of 16 may possess or use an authorized tear gas 
 compound except by written permission of a parent or guardian, 
 and no person under the age of 18 may possess or use an 
 electronic incapacitation device.  

    (b) No person prohibited from possessing a pistol pursuant 
 to section 624.713, subdivision 1, clause (b), may possess or 
 use an authorized tear gas compound or an electronic 
 incapacitation device.  

    (c) No person prohibited from possessing a pistol pursuant 
 to section 624.713, subdivision 1, clauses (c) to (e), may 
 possess or use an authorized tear gas compound or an electronic 
 incapacitation device, except that the certificate or other 
 proof required for possession of a handgun shall not apply. 

    (d) No person shall possess or use tear gas or a tear gas 
 compound other than an authorized tear gas compound.  

    Subd. 4.    Prohibited use.  (a) No person shall 
 knowingly, or with reason to know, use tear gas, a tear gas 
 compound, an authorized tear gas compound, or an electronic 
 incapacitation device on or against a peace officer who is in 
 the performance of duties. 

    (b) No person shall use tear gas, a tear gas compound, an 
 authorized tear gas compound, or an electronic incapacitation 
 device except as authorized in subdivision 2 or 6.  

    (c) Tear gas, a tear gas compound, or an electronic 
 incapacitation device shall legally constitute a weapon when it 
 is used in the commission of a crime.  

    (d) No person shall use tear gas or a tear gas compound in 
 an immobilizing concentration against another person, except as 
 otherwise permitted by subdivision 2. 

    Subd. 5.    Prohibited sale.  Except as permitted by 
 subdivision 6, no person shall knowingly furnish or sell tear 
 gas or a tear gas compound to another person.  No person shall 
 knowingly furnish or sell an authorized tear gas compound or an 
 electronic incapacitation device to a person prohibited from 
 possessing it by subdivision 3.  No person shall knowingly 
 furnish or sell an authorized tear gas compound or an electronic 
 incapacitation device which fails to meet the requirements of 
 subdivision 2.  No tear gas, tear gas compound, authorized tear 
 gas compound, or electronic incapacitation device shall be sold 
 or furnished on premises where 3.2 percent malt liquor as 
 defined in section 340A.101, subdivision 19, is sold on an 
 on-sale basis or where intoxicating liquor as defined in section 
 340A.101, subdivision 13, is sold on an on-sale or off-sale 
 basis.  No person shall sell tear gas, a tear gas compound, 
 authorized tear gas compound, or electronic incapacitation 
 device in violation of local licensing requirements.  

    Subd. 6.    Exceptions.  Nothing in this section shall 
 prohibit the possession or use of by, or the sale or furnishing 
 of, tear gas, a tear gas compound, an authorized tear gas 
 compound, or electronic incapacitation device to, a law 
 enforcement agency, peace officer, the national guard or 
 reserves, or a member of the national guard or reserves for use 
 in their official duties, except that counties and 
 municipalities may impose licensing requirements on sellers 
 pursuant to subdivision 9.  

    Subd. 7.    Exemption.  Tear gas, tear gas compounds, 
 and authorized tear gas compounds shall not be classified as an 
 obnoxious or harmful gas, fluid, or substance under section 
 624.732. 

    Subd. 8.    Penalties.  (a) The following violations of 
 this section shall be considered a felony:  

    (1) The possession or use of tear gas, a tear gas compound, 
 an authorized tear gas compound, or an electronic incapacitation 
 device by a person specified in subdivision 3, paragraph (b).  

    (2) Knowingly selling or furnishing of tear gas, a tear gas 
 compound, an authorized tear gas compound, or an electronic 
 incapacitation device to a person specified in subdivision 3, 
 paragraph (b). 

    (3) The use of an electronic incapacitation device as 
 prohibited in subdivision 4, paragraph (a).  

    (4) The use of tear gas or a tear gas compound as 
 prohibited in subdivision 4, paragraph (d). 

    (b) The following violations of this section shall be 
 considered a gross misdemeanor:  (1) the prohibited use of tear 
 gas, a tear gas compound, or an authorized tear gas compound as 
 specified in subdivision 4, paragraph (a); (2) the use of an 
 electronic incapacitation device except as allowed by 
 subdivision 2 or 6. 

    (c) The following violations of this section shall be 
 considered a misdemeanor:  

    (1) The possession or use of tear gas, a tear gas compound, 
 an authorized tear gas compound, or an electronic incapacitation 
 device which fails to meet the requirements of subdivision 2 by 
 any person except as allowed by subdivision 6.  

    (2) The possession or use of an authorized tear gas 
 compound or an electronic incapacitation device by a person 
 specified in subdivision 3, paragraph (a) or (c).  

    (3) The use of tear gas, a tear gas compound, or an 
 authorized tear gas compound except as allowed by subdivision 2 
 or 6.  

    (4) Knowingly selling or furnishing an authorized tear gas 
 compound or an electronic incapacitation device to a person 
 specified in subdivision 3, paragraph (a) or (c).  

    (5) Selling or furnishing of tear gas or a tear gas 
 compound other than an authorized tear gas compound to any 
 person except as allowed by subdivision 6.  

    (6) Selling or furnishing of an authorized tear gas 
 compound or an electronic incapacitation device on premises 
 where intoxicating liquor is sold on an on-sale or off-sale 
 basis or where 3.2 percent malt liquor is sold on an on-sale 
 basis.  

    (7) Selling an authorized tear gas compound or an 
 electronic incapacitation device in violation of local licensing 
 requirements.  

    Subd. 9.    Local licensing.  (a) For purposes of this 
 section, "municipality" means statutory or home rule charter 
 city or town.  

    (b) There is hereby conferred upon the governing body of 
 each county, statutory or home rule charter city and town in the 
 state the authority to license the business of vendors of tear 
 gas, tear gas compounds, authorized tear gas compounds, or 
 electronic incapacitation devices within their respective 
 jurisdictions, to impose a license fee therefor, to impose 
 qualifications for obtaining a license, the duration of licenses 
 and to restrict the number of licenses the governing body will 
 issue.  

    (c) Every person desiring a license from a local governing 
 body shall file with the clerk of the municipality or the county 
 board in the case of application to a county, a verified written 
 application in the form to be prescribed by the local governing 
 body.  

    (d) The local governing body may establish the grounds, 
 notice and hearing procedures for revocation of licenses issued 
 pursuant to this section.  The local governing body may also 
 establish penalties for sale of tear gas, tear gas compounds, 
 authorized tear gas compounds, or electronic incapacitation 
 devices in violation of its licensing requirements.  

    Subd. 10.    Local regulation.  This section shall be 
 the exclusive regulation of the possession, use, and furnishing 
 of tear gas, tear gas compounds, authorized tear gas compounds, 
 and electronic incapacitation devices in Minnesota.  This 
 section shall supersede and preempt all regulation of the 
 possession, use, and furnishing of tear gas, tear gas compounds, 
 authorized tear gas compounds, and electronic incapacitation 
 devices by political subdivisions. 

    HIST: 1981 c 283 s 1; 1985 c 160 s 3; 1985 c 305 art 12 s 5; 
 1Sp1985 c 116 art 2 s 26; 1986 c 444; 1989 c 5 s 15; 1991 c 249 
 s 31; 1994 c 636 art 2 s 55,56; 1995 c 244 s 35,36 

     624.732 Intentional release of harmful substance. 

    Subdivision 1.    Misdemeanor.  A person is guilty of a 
 misdemeanor if the person intentionally exposes another or the 
 other's property to an obnoxious or harmful gas, fluid, or 
 substance, with intent to injure, molest, or coerce. 

    Subd. 2.    Felony.  A person who violates subdivision 1 
 and knows that doing so creates a risk of death or bodily harm 
 or serious property damage is guilty of a felony and may be 
 sentenced to imprisonment for not more than five years or to 
 payment of a fine of not more than $10,000, or both. 

    HIST: 1989 c 5 s 16 

     624.74 Metal-penetrating bullets. 

    Subdivision 1.    Intent.  This section is designed to 
 give law enforcement officers performing their official duties a 
 reasonable degree of protection from penetration of quality body 
 armor.  It is not the intent of this section to restrict the 
 availability of ammunition for personal defense, sporting, or 
 hunting purposes.  

    Subd. 2.    Definition.  For purposes of this section, 
 "metal-penetrating bullet" means a handgun bullet of 9 mm, .25, 
 .32, .357, .38, .41, .44, or .451 caliber which is comprised of 
 a hardened core equal to the minimum of the maximum attainable 
 hardness by solid red metal alloys which purposely reduces the 
 normal expansion or mushrooming of the bullet's shape upon 
 impact.  "Metal-penetrating bullet" excludes any bullet composed 
 of copper or brass jacket with lead or lead alloy cores and any 
 bullet composed of lead or lead alloys.  

    Subd. 3.    Use or possession in commission of a crime.  
 Any person who uses or possesses a metal-penetrating bullet 
 during the commission of a crime is guilty of a felony and may 
 be sentenced to imprisonment for not more than three years or to 
 payment of a fine of not more than $5,000, or both.  Any 
 imprisonment sentence imposed under this subdivision shall run 
 consecutively to any sentence imposed for the other crime.  

    Subd. 4.    Local regulation.  This section shall be 
 construed to supersede any municipal or county regulation of 
 ammunition, including its component parts.  

    HIST: 1982 c 525 s 1; 1984 c 628 art 3 s 11