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