HF3744
Law enforcement prohibited from using tear gas, chemical weapons, and kinetic energy munitions.
Legislative Session 94 (2025-2026)
AI Generated Summary
- Purpose
This bill aims to stop the use of pepper spray and other similar chemical agents by law enforcement, and to ban the use of certain weapons (chemical weapons and kinetic energy munitions) on civilians. It also creates a process for police agencies to adopt new policies that reflect this prohibition.
Main Provisions
4.1 Prohibited use and supplies - No person may knowingly use tear gas, tear gas compounds, authorized tear gas compounds, or electronic incapacitation devices on a peace officer performing duties. - No person may use tear gas, tear gas compounds, authorized tear gas compounds, or electronic incapacitation devices except as allowed in other parts of the bill. - Tear gas used in crime is treated as a weapon. - Tear gas or tear gas compounds cannot be used in an immobilizing concentration on another person unless allowed by other parts of the bill. - Peace officers are not allowed to use tear gas in the line of duty. - Law enforcement agencies may not supply tear gas to peace officers or authorize their use.
4.2 Exceptions and possession - It remains allowed for a law enforcement agency, peace officer, National Guard, or National Guard reserves to possess or use tear gas or electronic incapacitation devices for official duties, but counties and cities may require licenses to sell these items (per subdivision 9). - Possession, sale, or furnishing of an electronic incapacitation device to law enforcement agencies or officers for official duties is allowed, with licensing rules possible at the local level.
4.3 Definitions and prohibitions on chemical weapons and kinetic energy munitions - The bill defines chemical weapons as toxic chemicals and their precursors, and devices designed to cause death or harm through toxic effects, plus equipment used with those devices. - A toxic chemical is any chemical that can cause death, temporary incapacity, or permanent harm to humans or animals. - Kinetic energy munitions include things like impact rounds such as rubber, baton, plastic, wax, wood, or rubber-coated projectiles. - Law enforcement agencies and peace officers are prohibited from using chemical weapons or kinetic energy munitions on civilian populations.
4.4 Policy requirements and timelines - By November 15, 2026, the board must create a model policy banning chemical weapons and kinetic energy munitions and share it with all chief law enforcement officers. - By January 15, 2027, the chief law enforcement officer of every state and local agency must establish a written policy that is identical or substantially similar to the board’s model policy.
- Significance and expected impact
- The bill codifies a broad ban on certain crowd-control tools and places limits on who can possess or supply them.
- It shifts police policy toward standardized, board-approved guidelines and requires local agencies to adopt similar rules within a set timeframe.
- It strengthens protections for civilians by limiting the use of chemical weapons and certain projectiles in policing.
Relevant Terms tear gas tear gas compound authorized tear gas compound electronic incapacitation device peace officer law enforcement agency chemical weapons toxic chemical kinetic energy munitions impact rounds rubber baton rounds model policy National Guard reserves licensing subdivision 9 Minnesota Statutes 2024 624.731 Minnesota Statutes 2024 626.8438 civilian populations policy implementation timelines
Bill text versions
- Introduction PDF PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| February 25, 2026 | House | Action | Introduction and first reading, referred to | Public Safety Finance and Policy | |
| February 26, 2026 | House | Action | Author added | ||
| March 12, 2026 | House | Action | Author added |
Citations
[
{
"analysis": {
"added": [
"Explicit prohibition on using tear gas, tear gas compounds, authorized tear gas compounds, or electronic incapacitation devices on peace officers.",
"Prohibition on supplying tear gas to peace officers by law enforcement agencies.",
"Definition that tear gas and related devices constitute a weapon when used to commit a crime.",
"Prohibition on using tear gas or a tear gas compound in an immobilizing concentration except as authorized by subdivisions 2 or 6."
],
"removed": [],
"summary": "This bill amends Minnesota Statutes 2024 section 624.731, subdivision 4 to prohibit the use of tear gas, tear gas compounds, authorized tear gas compounds, and electronic incapacitation devices by peace officers in the performance of duties, and to restrict supply of tear gas by law enforcement agencies. It also clarifies that tear gas and related devices can be considered weapons when used to commit a crime and prohibits immobilizing concentrations except as otherwise permitted by the bill.",
"modified": [
"Amendment to existing statute to strengthen prohibitions on tear gas use and supply."
]
},
"citation": "624.731",
"subdivision": "subdivision 4"
},
{
"analysis": {
"added": [
"Explicit permission for possession or use of tear gas or an electronic incapacitation device by law enforcement agencies, peace officers, the National Guard or reserves for official duties.",
"Permission to sell or furnish tear gas or an electronic incapacitation device to the same entities for official duties.",
"Authority for counties and municipalities to impose licensing requirements on sellers under subdivision 9."
],
"removed": [],
"summary": "This bill adds exceptions to 624.731 Subd.6 permitting possession, use, sale, or furnishing of tear gas or a tear gas compound or electronic incapacitation device to a law enforcement agency, peace officer, the National Guard or reserves for official duties, with counties and municipalities allowed to impose licensing requirements on sellers under subdivision 9.",
"modified": [
"Creates statutory exception to prohibitions in Subd.6 to allow official-use possession and related activities."
]
},
"citation": "624.731",
"subdivision": "subdivision 6"
},
{
"analysis": {
"added": [
"Definition of chemical weapons.",
"Definition of toxic chemical.",
"Definition of kinetic energy munitions."
],
"removed": [],
"summary": "This bill defines key terms for the Chemical Weapons and Kinetic Energy Munitions Prohibited Policies Required in Sec.3, including chemical weapons, toxic chemicals, and kinetic energy munitions.",
"modified": []
},
"citation": "626.8438",
"subdivision": "subdivision 1"
},
{
"analysis": {
"added": [
"Prohibition on using chemical weapons and kinetic energy munitions against civilians by law enforcement and peace officers."
],
"removed": [],
"summary": "This bill prohibits the use of chemical weapons and kinetic energy munitions on civilian populations by law enforcement agencies and peace officers.",
"modified": []
},
"citation": "626.8438",
"subdivision": "subdivision 2"
},
{
"analysis": {
"added": [
"Requirement to develop a model policy prohibiting chemical weapons and kinetic energy munitions and distribute it to chief law enforcement officers."
],
"removed": [],
"summary": "This bill requires the board to develop a model policy by November 15, 2026, to implement the prohibition on chemical weapons and kinetic energy munitions, and to distribute the model policy to all chief law enforcement officers.",
"modified": []
},
"citation": "626.8438",
"subdivision": "subdivision 3"
},
{
"analysis": {
"added": [
"Requirement for agencies to adopt policies consistent with the model policy."
],
"removed": [],
"summary": "This bill requires the chief law enforcement officer of every state and local law enforcement agency to establish and enforce a written policy identical or substantially similar to the board's model policy by January 15, 2027.",
"modified": []
},
"citation": "626.8438",
"subdivision": "subdivision 4"
}
]