Bill Text: MN SF995 | 2011-2012 | 87th Legislature | Introduced
Bill Title: State preemptive regulation of firearms expansion; local zoning ordinances limitation on firearms businesses locations
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-03-23 - Referred to Local Government and Elections [SF995 Detail]
Download: Minnesota-2011-SF995-Introduced.html
1.2relating to local government; expanding state preemption of regulations for
1.3firearms and firearms dealers;amending Minnesota Statutes 2010, sections
1.4471.633; 471.635.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 471.633, is amended to read:
1.7471.633 FIREARMS.
1.8 Subdivision 1. Preemption. The legislature preempts all authority of a
1.9home rule charter or statutory city including a city of the first class, county, town,
1.10municipal corporation, or other governmental subdivision of the state, or any of their
1.11instrumentalities, or any combination of them, to regulate:
1.12(1) firearms or ammunition dealers or dealers in firearms or ammunition components;
1.13(2) gun shows; or
1.14(3) the possession, ownership, transport, carrying, storage, transfer, sale, purchase,
1.15licensing, or registration of, or other activities involving, firearms, ammunition, or their
1.16respective components;
1.17to the complete exclusion of any order, ordinanceor, license, resolution, regulation, or acts
1.18of proprietary authority by themexcept that: (a) regardless of type, manner, or purpose.
1.19 Subd. 2. Exceptions. Notwithstanding subdivision 1:
1.20(1) a governmental subdivision may regulate the actual discharge of firearms subject
1.21to chapter 87A, except an actual discharge of a firearm in self-defense; and
1.22(b) (2) a governmental subdivision may adopt regulations identical to state law.
1.23 Subd. 3. Inconsistent regulations. Local regulation inconsistent with this section is
1.24void.
2.1 Subd. 4. Definitions. As used in this section, "regulate" includes every exercise
2.2of power or authority regardless of type, manner, or purpose and includes restrictions on
2.3location and business operations. "Discharge" does not include shooting activities at an
2.4established shooting range.
2.5 Sec. 2. Minnesota Statutes 2010, section 471.635, is amended to read:
2.6471.635 ZONING ORDINANCES; RETAIL SALE OF FIREARMS.
2.7 Subdivision 1. Limited to location of business premises. Notwithstanding section
2.8471.633
, a governmental subdivision may regulate by reasonable, nondiscriminatory, and
2.9nonarbitrary only enact zoning ordinances, which limit the location of businesses business
2.10premises where firearms are sold at retail by a firearms dealer, provided that limitations,
2.11restrictions, or conditions imposed on a firearms dealer may not be more onerous than
2.12limitations, restrictions, or conditions placed on the most favored seller of other goods.
2.13The authority to regulate a dealer's physical location does not include the authority to
2.14regulate the business activity of selling firearms. Zoning ordinances that are designed for
2.15the purpose of, or have the effect of, prohibiting, restricting, conditioning, or limiting the
2.16sale, purchase, transfer, storage, repair, or manufacture of firearms or ammunition as a
2.17method of regulating firearms or ammunition are in conflict with this section and are void.
2.18 Subd. 2. Firearms dealer defined. For the purposes of this section, a firearms
2.19dealer is a person who is federally licensed to sell firearms and a governmental subdivision
2.20is an entity described in sections471.633 and
471.634 .
1.3firearms and firearms dealers;amending Minnesota Statutes 2010, sections
1.4471.633; 471.635.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 471.633, is amended to read:
1.7471.633 FIREARMS.
1.8 Subdivision 1. Preemption. The legislature preempts all authority of a
1.9home rule charter or statutory city including a city of the first class, county, town,
1.10municipal corporation, or other governmental subdivision of the state, or any of their
1.11instrumentalities, or any combination of them, to regulate:
1.12(1) firearms or ammunition dealers or dealers in firearms or ammunition components;
1.13(2) gun shows; or
1.14(3) the possession, ownership, transport, carrying, storage, transfer, sale, purchase,
1.15licensing, or registration of, or other activities involving, firearms, ammunition, or their
1.16respective components;
1.17to the complete exclusion of any order, ordinance
1.18of proprietary authority by them
1.19 Subd. 2. Exceptions. Notwithstanding subdivision 1:
1.20(1) a governmental subdivision may regulate the actual discharge of firearms subject
1.21to chapter 87A, except an actual discharge of a firearm in self-defense; and
1.22
1.23 Subd. 3. Inconsistent regulations. Local regulation inconsistent with this section is
1.24void.
2.1 Subd. 4. Definitions. As used in this section, "regulate" includes every exercise
2.2of power or authority regardless of type, manner, or purpose and includes restrictions on
2.3location and business operations. "Discharge" does not include shooting activities at an
2.4established shooting range.
2.5 Sec. 2. Minnesota Statutes 2010, section 471.635, is amended to read:
2.6471.635 ZONING ORDINANCES; RETAIL SALE OF FIREARMS.
2.7 Subdivision 1. Limited to location of business premises. Notwithstanding section
2.9
2.10premises where firearms are sold at retail by a firearms dealer, provided that limitations,
2.11restrictions, or conditions imposed on a firearms dealer may not be more onerous than
2.12limitations, restrictions, or conditions placed on the most favored seller of other goods.
2.13The authority to regulate a dealer's physical location does not include the authority to
2.14regulate the business activity of selling firearms. Zoning ordinances that are designed for
2.15the purpose of, or have the effect of, prohibiting, restricting, conditioning, or limiting the
2.16sale, purchase, transfer, storage, repair, or manufacture of firearms or ammunition as a
2.17method of regulating firearms or ammunition are in conflict with this section and are void.
2.18 Subd. 2. Firearms dealer defined. For the purposes of this section, a firearms
2.19dealer is a person who is federally licensed to sell firearms and a governmental subdivision
2.20is an entity described in sections
