| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to public safety; prohibiting the closure of shooting ranges during a state |
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| 3 | 3 | | 1.3 of emergency; amending Minnesota Statutes 2024, section 624.7192. |
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| 4 | 4 | | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 5 | 5 | | 1.5 Section 1. Minnesota Statutes 2024, section 624.7192, is amended to read: |
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| 6 | 6 | | 1.6 624.7192 AUTHORITY TO SEIZE AND CONFISCATE FIREARMS. |
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| 7 | 7 | | 1.7 (a) This section applies only during the effective period of a state of emergency |
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| 8 | 8 | | 1.8proclaimed by the governor relating to a public disorder or disaster. |
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| 9 | 9 | | 1.9 (b) A peace officer who is acting in the lawful discharge of the officer's official duties |
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| 10 | 10 | | 1.10without a warrant may disarm a lawfully detained individual only temporarily and only if |
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| 11 | 11 | | 1.11the officer reasonably believes it is immediately necessary for the protection of the officer |
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| 12 | 12 | | 1.12or another individual. Before releasing the individual, the peace officer must return to the |
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| 13 | 13 | | 1.13individual any seized firearms and ammunition, and components thereof, any firearms |
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| 14 | 14 | | 1.14accessories and ammunition reloading equipment and supplies, and any other personal |
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| 15 | 15 | | 1.15weapons taken from the individual, unless the officer: (1) takes the individual into physical |
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| 16 | 16 | | 1.16custody for engaging in criminal activity or for observation pursuant to section 253B.05, |
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| 17 | 17 | | 1.17subdivision 2; or (2) seizes the items as evidence pursuant to an investigation for the |
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| 18 | 18 | | 1.18commission of the crime for which the individual was arrested. |
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| 19 | 19 | | 1.19 (c) Notwithstanding any other law to the contrary, no governmental unit, government |
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| 20 | 20 | | 1.20official, government employee, peace officer, or other person or body acting under |
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| 21 | 21 | | 1.21governmental authority or color of law may undertake any of the following actions with |
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| 22 | 22 | | 1Section 1. |
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| 23 | 23 | | 25-03652 as introduced02/11/25 REVISOR KLL/EN |
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| 24 | 24 | | SENATE |
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| 25 | 25 | | STATE OF MINNESOTA |
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| 26 | 26 | | S.F. No. 1874NINETY-FOURTH SESSION |
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| 27 | 27 | | (SENATE AUTHORS: GRUENHAGEN) |
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| 28 | 28 | | OFFICIAL STATUSD-PGDATE |
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| 29 | 29 | | Introduction and first reading02/27/2025 |
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| 30 | 30 | | Referred to Judiciary and Public Safety 2.1regard to any firearms and ammunition, and components thereof; any firearms accessories |
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| 31 | 31 | | 2.2and ammunition reloading equipment and supplies; and any other personal weapons: |
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| 32 | 32 | | 2.3 (1) prohibit, regulate, or curtail the otherwise lawful possession, carrying, transportation, |
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| 33 | 33 | | 2.4transfer, defensive use, or other lawful use of any of these items; |
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| 34 | 34 | | 2.5 (2) seize, commandeer, or confiscate any of these items in any manner, except as |
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| 35 | 35 | | 2.6expressly authorized in paragraph (b); |
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| 36 | 36 | | 2.7 (3) suspend or revoke a valid permit issued pursuant to section 624.7131 or 624.714, |
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| 37 | 37 | | 2.8except as expressly authorized in those sections; or |
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| 38 | 38 | | 2.9 (4) close or limit the operating hours of businesses, including but not limited to gun |
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| 39 | 39 | | 2.10ranges, that lawfully sell or, service, or provide training in the lawful use of any of these |
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| 40 | 40 | | 2.11items, unless such closing or limitation of hours applies equally to all forms of commerce. |
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| 41 | 41 | | 2.12 (d) No provision of law relating to a public disorder or disaster emergency proclamation |
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| 42 | 42 | | 2.13by the governor or any other governmental or quasi-governmental official, including but |
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| 43 | 43 | | 2.14not limited to emergency management powers pursuant to chapters 9 and 12, shall be |
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| 44 | 44 | | 2.15construed as authorizing the governor or any other governmental or quasi-governmental |
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| 45 | 45 | | 2.16official of this state or any of its political subdivisions acting at the direction of the governor |
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| 46 | 46 | | 2.17or another official to act in violation of this paragraph or paragraphs (b) and (c). |
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| 47 | 47 | | 2.18 (e)(1) An individual aggrieved by a violation of this section may seek relief in an action |
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| 48 | 48 | | 2.19at law or in equity or in any other proper proceeding for damages, injunctive relief, or other |
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| 49 | 49 | | 2.20appropriate redress against a person who commits or causes the commission of this violation. |
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| 50 | 50 | | 2.21Venue must be in the district court having jurisdiction over the county in which the aggrieved |
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| 51 | 51 | | 2.22individual resides or in which the violation occurred. |
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| 52 | 52 | | 2.23 (2) In addition to any other remedy available at law or in equity, an individual aggrieved |
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| 53 | 53 | | 2.24by the seizure or confiscation of an item listed in paragraph (c) in violation of this section |
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| 54 | 54 | | 2.25may make application for the immediate return of the items to the office of the clerk of |
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| 55 | 55 | | 2.26court for the county in which the items were seized and, except as provided in paragraph |
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| 56 | 56 | | 2.27(b), the court must order the immediate return of the items by the seizing or confiscating |
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| 57 | 57 | | 2.28governmental office and that office's employed officials. |
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| 58 | 58 | | 2.29 (3) In an action or proceeding to enforce this section, the court must award the prevailing |
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| 59 | 59 | | 2.30plaintiff reasonable court costs and expenses, including attorney fees. |
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| 60 | 60 | | 2.31 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 61 | 61 | | 2Section 1. |
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| 62 | 62 | | 25-03652 as introduced02/11/25 REVISOR KLL/EN |
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