HF4170

Purpose

This bill would ban possession of semiautomatic militarystyle assault weapons and large-capacity magazines in Minnesota, and it would create criminal penalties for violations. It also changes and adds definitions in Minnesota’s gun laws to implement and enforce this ban.

Main provisions

• Prohibition on possession
  • The bill prohibits possessing semiautomatic militarystyle assault weapons (SMAWS). A weapon is considered an SMAW if it falls into specific model types or if it has certain features that make it militarystyle.
  • It includes a long list of firearm models and types (for example, certain AK-47-type rifles, AR-type rifles, MAC-10/MAC-11, TEC-9, Uzi, Steyr AUG, and multiple other named rifles/pistols) and also covers rifles and pistols that are manufactured by another company under a licensing agreement to be identical or nearly identical to those listed.
  • It also covers firearms that are redesigned, renamed, or renumbered versions of these listed firearms, or that have minor modifications such as a folding stock, adjustable sights, different calibers, bayonet mounts, or other features that make them similar in action design.
  • The bill notes that some of these weapons were previously barred from importation by federal authorities (BATF) and clarifies that permanently inoperable firearms are not considered SMAWs.
• Definitions and scope of SMAW
  • SMAW includes not only named models but also firearms that can accept a detachable magazine and have one or more qualifying features (pistol grips, thumbhole stocks, folding/ telescoping stocks, shrouds around the barrel, flash suppressors, or other features that enable use with a non-trigger hand).
  • It also includes semiautomatic pistols or rifles with fixed or detachable magazines that have more than ten rounds, and pistols with certain additional features (grip, stock types, shrouds, threaded barrels, etc.).
  • The definition explicitly covers semiautomatic shotguns with certain features (pistol grips, folding/ telescoping stocks, large-capacity or detachable magazines) and shotguns with revolving cylinders or conversion kits capable of assembling SMAWs.
• Large-capacity magazines
  • The bill defines “large-capacity magazine” as any feeding device that can hold more than ten rounds, or parts that enable assembly of such a device, when in possession or control of the same person.
  • It provides exceptions: permanently altered devices that can only hold ten or fewer rounds; certain .22 caliber tube feeding devices; and tubular magazines in lever-action firearms.
• Amendments to Minnesota Statutes
  • The proposal would add and modify specific Minnesota Statutes (including sections cited in the bill) to codify the new prohibition and definitions and to create penalties for violations.
  • It references adding new subdivisions and sections to Chapter 624 to implement these prohibitions and definitions, along with cross-references to other related sections.

Significant changes to existing law

• New ban on possession of semiautomatic militarystyle assault weapons, with a detailed, enumerated list of included models and feature-based criteria.
• New, explicit definition of large-capacity magazines (>10 rounds) and specified exemptions.
• Creation of new statutory subdivisions and sections within Minnesota’s gun laws to enforce the SMAW ban and large-capacity magazine prohibition, including penalties for violations.
• Clarification that certain firearms that are permanently inoperable are not considered SMAWs.
• Incorporation of historical importation restrictions and licensing concepts into the scope of the new prohibitions.

Potential implications

• Owners of the listed firearms or any firearm matching the described features could be subject to penalties if they possess SMAWs or large-capacity magazines.
• The law would require firearm owners and dealers to assess whether a firearm or magazine falls under the SMAW or large-capacity definitions.
• Law enforcement and courts would apply the new definitions and penalties in enforcing possession restrictions.

Terminology and key concepts (from the bill)

• Semiautomatic militarystyle assault weapon (SMAW)
• Large-capacity magazine
• Detachable magazine
• Pistol grip
• Thumbhole stock
• Folding stock
• Telescoping stock
• Shroud
• Flash suppressor
• Conversion kit
• Lever-action tubular magazine
• Permanently inoperable firearm
• Enumerated firearm models (e.g., AK-47-type, AR-15-type, Uzi, TEC-9, Steyr AUG, MAC10/MAC11, etc.)
• Licensing/identical design provisions (weapons manufactured under licensing that are identical or nearly identical)

Relevant Terms - semiautomatic militarystyle assault weapon - large-capacity magazine - detachable magazine - pistol grip - folding stock - telescoping stock - shroud - flash suppressor - conversion kit - ten-round limit - permanently inoperable - firearm models (AK-47, AR-15, Uzi, TEC-9, Steyr AUG, MAC-10, MAC-11, etc.) - Minnesota Statutes sections 624.712, 624.713, 624.7131, 624.7132, 624.7134, 624.7141, 624.7181

Relevant Terms (plain) semiautomatic, assault weapon, firearm, magazine, large-capacity magazine, detachable magazine, stock, grip, shroud, flash suppressor, conversion kit, lever-action, tubular magazine, inoperable, model, license, importation, BATF