2004 Minnesota Statutes

     97B.031 Use and possession of firearms. 

    Subdivision 1.    Firearms and ammunition that may be used 
 to take big game.  (a) A person may take big game with a 
 firearm only if:  

    (1) the rifle, shotgun, and handgun used is a caliber of at 
 least .23 inches; 

    (2) the firearm is loaded only with single projectile 
 ammunition; 

    (3) a projectile used is a caliber of at least .23 inches 
 and has a soft point or is an expanding bullet type; 

    (4) the ammunition has a case length of at least 1.285 
 inches; 

    (5) the muzzle-loader used is incapable of being loaded at 
 the breech; 

    (6) the smooth-bore muzzle-loader used is a caliber of at 
 least .45 inches; and 

    (7) the rifled muzzle-loader used is a caliber of at least 
 .40 inches. 

    (b) A person may not take big game with a .30 caliber M-1 
 carbine cartridge.  

    (c) Notwithstanding paragraph (a), clause (4), a person may 
 take big game with a ten millimeter cartridge that is at least 
 0.95 inches in length, a .45 Winchester Magnum cartridge, or a 
 .50 A. E. (Action Express) handgun cartridge.  

    Subd. 2.    Handguns for small game.  A person may take 
 small game with a handgun of any caliber in a manner prescribed 
 by the commissioner.  

    Subd. 3.    Firearms larger than ten gauge prohibited.  
 A person may not use a firearm with a bore larger than a ten 
 gauge to take a protected wild animal.  

    Subd. 4.    Silencers prohibited.  A person may not own 
 or possess a silencer for a firearm or a firearm equipped to 
 have a silencer attached.  

    Subd. 5.    Scopes; visually impaired hunters.  (a) 
 Notwithstanding any other law to the contrary, the commissioner 
 may issue a special permit, without a fee, to use a muzzleloader 
 with a scope to take deer during the muzzleloader season to a 
 person who obtains the required licenses and who has a visual 
 impairment.  The scope may not have magnification capabilities. 

    (b) The visual impairment must be established by medical 
 evidence verified in writing by a licensed physician.  The 
 commissioner may request additional information from the 
 physician if needed to verify the applicant's eligibility for 
 the permit.  Notwithstanding section 97A.418, the commissioner 
 may, in consultation with appropriate advocacy groups, establish 
 reasonable minimum standards for permits to be issued under this 
 subdivision. 

    (c) A permit issued under this subdivision may be valid for 
 up to five years.  

    (d) The commissioner may deny, modify, suspend, or revoke a 
 permit issued under this subdivision for cause, including a 
 violation of the game and fish laws or rules.  

    (e) A person who knowingly makes a false application or 
 assists another in making a false application for a permit under 
 this subdivision is guilty of a misdemeanor.  A physician who 
 fraudulently certifies to the commissioner that a person is 
 visually impaired as described in this subdivision is guilty of 
 a misdemeanor. 

    HIST: 1986 c 386 art 2 s 7; 1989 c 153 s 1; 1989 c 287 s 7; 
 2000 c 473 s 7; 2002 c 351 s 15; 2004 c 215 s 19