SF3549 (Legislative Session 94 (2025-2026))

State preemption of local units of government regulating firearms repeal

Related bill: HF3351

AI Generated Summary

Purpose

This bill changes how firearms and related regulations are handled in Minnesota by rolling back long-standing state limits on local control and returning some regulatory power to local governments. It aims to allow local units of government to regulate where firearms dealers can operate (through zoning) and to permit local regulation of discharge of firearms and ammunition, while repealing several existing statewide preemption provisions that previously restricted local authority.

Main Provisions

  • Local zoning authority for firearms dealer locations:

    • The bill authorizes governmental subdivisions to regulate, via reasonable, nondiscriminatory, and nonarbitrary zoning ordinances, where firearms dealers may locate their businesses.
    • A firearms dealer is defined as a person who is federally licensed to sell firearms.
    • The local governmental subdivision must be an entity described in the repealed sections (471.633 and 471.634), though those sections are being repealed in this bill.
  • Repeals of existing preemption and related provisions:

    • Repeals Minnesota Statutes 2024 sections 471.633 (Firearms), 471.634 (Definition), 624.714 subdivision 23 (Exclusivity for carry permits), 624.717 (Local regulation), and 624.7191 subdivision 4 (Local regulation of ammunition or its components).
    • The repealer removes statewide preemption that previously prevented local governments from regulating firearms, ammunition, specific weapons, and related activities, with limited exceptions.
  • Local regulation of discharge and regulation mirroring state law:

    • The bill preserves (and clarifies) that a governmental subdivision may regulate the discharge of firearms and may adopt regulations identical to state law, enabling municipalities/counties to implement rules that are the same as those at the state level.
  • Scope and boundaries:

    • The existing definitions and constraints around what constitutes a municipal corporation or governmental subdivision are to be repealed, which expands which entities can regulate firearms-related activities.
    • Note: School districts and entities composed exclusively of school districts are addressed in the repealed definitions, removing those limitations from the current preemption framework (as the repealed provisions would no longer apply).

Repealed Provisions (What is Being Removed)

  • 471.633 Firearms
  • 471.634 Definition
  • 624.714 subdivision 23 (Exclusivity for carry permits)
  • 624.717 Local Regulation
  • 624.7191 subdivision 4 (Local regulation of ammunition and its components)

Local Regulation and Preemption Changes

  • The bill ends the broad statewide preemption that prevented local units of government from regulating firearms, ammunition, and related components, with limited preserved authority to regulate discharge and to adopt rules identical to state law.
  • It creates a specific local zoning pathway for firearms dealers, expanding local influence over the location of gun retail operations.
  • It also broadens or redefines which entities can regulate firearms-related matters by repealing the prior definitions that limited local authority (including the exclusion of school districts from certain governmental-subdivision designations).

Effects and Public Safety Considerations

  • Potential for uneven local rules: Different cities and counties could adopt varying zoning standards for where firearms dealers may operate, as well as different rules on discharge and ammunition.
  • Local control may respond to community needs more directly but could lead to a patchwork of regulations across the state.
  • Without the repealed preemption, localities may construct regulations aligned with their local safety and land-use goals, potentially affecting firearm access, commerce for firearms dealers, and related activities.

Notable Terminology to Understand

  • preemption
  • zoning ordinances
  • firearms dealer
  • federally licensed
  • home rule charter
  • governmental subdivision
  • discharge of firearms
  • ammunition
  • local regulation
  • carry permit and exclusivity
  • metal-penetrating bullets
  • Saturday night specials
  • municipal corporation
  • school districts

Relevant Terms preemption, zoning ordinances, firearms dealer, federally licensed, home rule charter, governmental subdivision, discharge of firearms, ammunition, local regulation, carry permit, exclusivity, metal-penetrating bullets, Saturday night specials, municipal corporation, school districts

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 17, 2026SenateActionIntroduction and first reading
February 17, 2026SenateActionReferred toJudiciary and Public Safety

Citations

 
[
  {
    "analysis": {
      "added": [
        "Adds governmental subdivisions' authority to regulate the location of businesses where firearms are sold by a firearms dealer via zoning."
      ],
      "removed": [],
      "summary": "This bill amends Minnesota Statutes 2024 section 471.635 to authorize governmental subdivisions to regulate the location of firearms dealers through reasonable nondiscriminatory and nonarbitrary zoning.",
      "modified": [
        "Amends 471.635 to authorize local zoning regulation of firearms dealer locations."
      ]
    },
    "citation": "471.635",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [
        "Repeals 471.633 FIREARMS (and its associated provisions)."
      ],
      "summary": "This bill repeals Minnesota Statutes 2024 section 471.633 (FIREARMS).",
      "modified": []
    },
    "citation": "471.633",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [
        "Repeals 471.634 DEFINITION."
      ],
      "summary": "This bill repeals Minnesota Statutes 2024 section 471.634 (DEFINITION).",
      "modified": []
    },
    "citation": "471.634",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [
        "624.714 subdivision 23 repealed."
      ],
      "summary": "This bill repeals Minnesota Statutes 2024 subdivision 23 of section 624.714 (CARRYING OF WEAPONS WITHOUT PERMIT PENALTIES) which contains the Exclusivity provisions for permits to carry.",
      "modified": []
    },
    "citation": "624.714",
    "subdivision": "subdivision 23"
  },
  {
    "analysis": {
      "added": [],
      "removed": [
        "Repeals 624.717 LOCAL REGULATION."
      ],
      "summary": "This bill repeals Minnesota Statutes 2024 section 624.717 (LOCAL REGULATION).",
      "modified": []
    },
    "citation": "624.717",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [
        "624.7191 subdivision 4 repealed."
      ],
      "summary": "This bill repeals Minnesota Statutes 2024 subdivision 4 of section 624.7191 (METALPENETRATING BULLETS) Local regulation.",
      "modified": []
    },
    "citation": "624.7191",
    "subdivision": "subdivision 4"
  }
]

Progress through the legislative process

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