Bill Text: MN SF835 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Tear gas (nonlethal PAVA capsaicin II pepper irritant) authorized use expansion
Sponsorship: Partisan Bill (Republican 3)
Status: (Introduced - Dead) 2011-03-29 - Author stricken Saxhaug [SF835 Detail]
Download: Minnesota-2011-SF835-Introduced.html
1.2relating to public safety; expanding the authorized use of tear gas;amending
1.3Minnesota Statutes 2010, section 624.731, subdivisions 1, 2, 6.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 624.731, subdivision 1, is amended to read:
1.6 Subdivision 1. Definitions. (a) For the purposes of this section:, the terms in
1.7paragraphs (b) and (c) have the meanings given.
1.8(1) (b) "authorized tear gas compound" means a lachrymator or any
1.9substance composed of a mixture of a lachrymator including chloroacetophenone,
1.10alpha-chloroacetophenone; phenylchloromethylketone, orthochlorobenzalmalononitrile or
1.11oleoresin capsicum, commonly known as tear gas; and. The term also includes substances
1.12employing a nonlethal PAVA (capsaicin II) pepper irritant.
1.13(2) (c) "electronic incapacitation device" means a portable device which is designed
1.14or intended by the manufacturer to be used, offensively or defensively, to temporarily
1.15immobilize or incapacitate persons by means of electric pulse or current, including devices
1.16operating by means of carbon dioxide propellant. "Electronic incapacitation device" does
1.17not include cattle prods, electric fences, or other electric devices when used in agricultural,
1.18animal husbandry, or food production activities.
1.19EFFECTIVE DATE.This section is effective the day following final enactment
1.20and applies to crimes committed on or after that date.
1.21 Sec. 2. Minnesota Statutes 2010, section 624.731, subdivision 2, is amended to read:
2.1 Subd. 2. Authorized possession; use. (a) A person may possess and use an
2.2authorized tear gas compound in the exercise of reasonable force in defense of the person
2.3or the person's property only if it is propelled from an aerosol container, labeled with or
2.4accompanied by clearly written instructions as to its use and the dangers involved in its
2.5use, and dated to indicate its anticipated useful life. A person may possess and use an
2.6authorized tear gas compound employing a nonlethal PAVA (capsaicin II) pepper irritant,
2.7regardless of its method of propulsion, limited to 15 rounds or less, in the exercise of
2.8reasonable force in defense of the person or the person's property or in the reasonable
2.9exercise of crowd control.
2.10(b) A person may possess and use an electronic incapacitation device in the exercise
2.11of reasonable force in defense of the person or the person's property only if the electronic
2.12incapacitation device is labeled with or accompanied by clearly written instructions as to
2.13its use and the dangers involved in its use.
2.14EFFECTIVE DATE.This section is effective the day following final enactment
2.15and applies to crimes committed on or after that date.
2.16 Sec. 3. Minnesota Statutes 2010, section 624.731, subdivision 6, is amended to read:
2.17 Subd. 6. Exceptions. Nothing in this section shall prohibit the possession or use
2.18of by, or the sale or furnishing of, tear gas, a tear gas compound, an authorized tear gas
2.19compound, or electronic incapacitation device to, a law enforcement agency, peace officer,
2.20a person licensed as a protective agent under sections 326.32 to 326.339 or employed by a
2.21licensed protective agent to perform services as a protective agent, the National Guard or
2.22reserves, or a member of the National Guard or reserves for use in their official duties,
2.23except that counties and municipalities may impose licensing requirements on sellers
2.24pursuant to subdivision 9.
2.25EFFECTIVE DATE.This section is effective the day following final enactment
2.26and applies to crimes committed on or after that date.
1.3Minnesota Statutes 2010, section 624.731, subdivisions 1, 2, 6.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 624.731, subdivision 1, is amended to read:
1.6 Subdivision 1. Definitions. (a) For the purposes of this section
1.7paragraphs (b) and (c) have the meanings given.
1.8
1.9substance composed of a mixture of a lachrymator including chloroacetophenone,
1.10alpha-chloroacetophenone; phenylchloromethylketone, orthochlorobenzalmalononitrile or
1.11oleoresin capsicum, commonly known as tear gas
1.12employing a nonlethal PAVA (capsaicin II) pepper irritant.
1.13
1.14or intended by the manufacturer to be used, offensively or defensively, to temporarily
1.15immobilize or incapacitate persons by means of electric pulse or current, including devices
1.16operating by means of carbon dioxide propellant. "Electronic incapacitation device" does
1.17not include cattle prods, electric fences, or other electric devices when used in agricultural,
1.18animal husbandry, or food production activities.
1.19EFFECTIVE DATE.This section is effective the day following final enactment
1.20and applies to crimes committed on or after that date.
1.21 Sec. 2. Minnesota Statutes 2010, section 624.731, subdivision 2, is amended to read:
2.1 Subd. 2. Authorized possession; use. (a) A person may possess and use an
2.2authorized tear gas compound in the exercise of reasonable force in defense of the person
2.3or the person's property only if it is propelled from an aerosol container, labeled with or
2.4accompanied by clearly written instructions as to its use and the dangers involved in its
2.5use, and dated to indicate its anticipated useful life. A person may possess and use an
2.6authorized tear gas compound employing a nonlethal PAVA (capsaicin II) pepper irritant,
2.7regardless of its method of propulsion, limited to 15 rounds or less, in the exercise of
2.8reasonable force in defense of the person or the person's property or in the reasonable
2.9exercise of crowd control.
2.10(b) A person may possess and use an electronic incapacitation device in the exercise
2.11of reasonable force in defense of the person or the person's property only if the electronic
2.12incapacitation device is labeled with or accompanied by clearly written instructions as to
2.13its use and the dangers involved in its use.
2.14EFFECTIVE DATE.This section is effective the day following final enactment
2.15and applies to crimes committed on or after that date.
2.16 Sec. 3. Minnesota Statutes 2010, section 624.731, subdivision 6, is amended to read:
2.17 Subd. 6. Exceptions. Nothing in this section shall prohibit the possession or use
2.18of by, or the sale or furnishing of, tear gas, a tear gas compound, an authorized tear gas
2.19compound, or electronic incapacitation device to, a law enforcement agency, peace officer,
2.20a person licensed as a protective agent under sections 326.32 to 326.339 or employed by a
2.21licensed protective agent to perform services as a protective agent, the National Guard or
2.22reserves, or a member of the National Guard or reserves for use in their official duties,
2.23except that counties and municipalities may impose licensing requirements on sellers
2.24pursuant to subdivision 9.
2.25EFFECTIVE DATE.This section is effective the day following final enactment
2.26and applies to crimes committed on or after that date.
