H.F. No. 2376, as introduced - 86th Legislative Session (2009-2010) Posted on May 07, 2009
1.1A bill for an act
1.2relating to commerce; exempting from federal regulation under the commerce
1.3clause of the Constitution of the United States a firearm, a firearm accessory, or
1.4ammunition manufactured and retained in Minnesota;proposing coding for new
1.5law in Minnesota Statutes, chapter 624.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [624.7182] FIREARMS FREEDOM ACT.
1.8 Subdivision 1. Short title. Subdivisions 1 to 6 may be cited as the "Minnesota
1.9Firearms Freedom Act."
1.10 Subd. 2. Declaration of authority. Legislative authority for this section derives
1.11from the following provisions:
1.12(1) The tenth amendment to the United States Constitution guarantees to the states
1.13and their people all powers not granted to the federal government elsewhere in the
1.14Constitution and reserves to the state and people of Minnesota certain powers as they were
1.15understood at the time that Minnesota was admitted to statehood in 1858. The guaranty
1.16of those powers is a matter of contract between the state and people of Minnesota and
1.17the United States as of the time that the compact with the United States was agreed upon
1.18and adopted by Minnesota and the United States in 1858.
1.19(2) The ninth amendment to the United States Constitution guarantees to the people
1.20rights not granted in the Constitution and reserves to the people of Minnesota certain
1.21rights as they were understood at the time that Minnesota was admitted to statehood in
1.221858. The guaranty of those rights is a matter of contract between the state and people of
1.23Minnesota and the United States as of the time that the compact with the United States
1.24was agreed upon and adopted by Minnesota and the United States in 1858.
2.1(3) The regulation of intrastate commerce is vested in the states under the ninth
2.2and tenth amendments to the United States Constitution, particularly if not expressly
2.3preempted by federal law. Congress has not expressly preempted state regulation of
2.4intrastate commerce pertaining to the manufacture on an intrastate basis of firearms,
2.5firearms accessories, and ammunition.
2.6(4) The second amendment to the United States Constitution reserves to the people
2.7the right to keep and bear arms as that right was understood at the time that Minnesota
2.8was admitted to statehood in 1858, and the guaranty of the right is a matter of contract
2.9between the state and people of Minnesota and the United States as of the time that the
2.10compact with the United States was agreed upon and adopted by Minnesota and the
2.11United States in 1858.
2.12 Subd. 3. Definitions. As used in subdivisions 1 to 6, the following definitions apply:
2.13(1) "Firearms accessories" means items that are used in conjunction with or mounted
2.14upon a firearm but are not essential to the basic function of a firearm, including but not
2.15limited to telescopic or laser sights, ammunition magazines, flash or sound suppressors,
2.16folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for
2.18(2) "Generic and insignificant parts" includes but is not limited to springs, screws,
2.19nuts, and pins.
2.20(3) "Manufactured" means that a firearm, a firearm accessory, or ammunition has
2.21been created from basic materials for functional usefulness, including but not limited to
2.22forging, casting, machining, or other processes for working materials.
2.23 Subd. 4. Prohibitions. (a) This subdivision applies to a firearm, a firearm accessory,
2.24or ammunition that is manufactured in Minnesota from basic materials and that can be
2.25manufactured without the inclusion of any significant parts imported from another state.
2.26(b) A personal firearm, a firearm accessory, or ammunition that is manufactured
2.27commercially or privately in Minnesota and that remains within the boundaries of the state
2.28of Minnesota is not subject to federal law or federal regulation, including registration,
2.29under the authority of Congress to regulate interstate commerce. It is declared by the
2.30legislature that those items have not traveled in interstate commerce.
2.31(c) Generic and insignificant parts that have other manufacturing or consumer
2.32product applications are not firearms, firearms accessories, or ammunition, and their
2.33importation into Minnesota and incorporation into a firearm, a firearm accessory, or
2.34ammunition manufactured in Minnesota does not subject the firearm, firearm accessory, or
2.35ammunition to federal regulation.
3.1(d) It is declared by the legislature that basic materials, such as unmachined steel and
3.2unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject
3.3to congressional authority to regulate firearms, firearms accessories, and ammunition under
3.4interstate commerce as if they were actually firearms, firearms accessories, or ammunition.
3.5(e) The authority of Congress to regulate interstate commerce in basic materials does
3.6not include authority to regulate firearms, firearms accessories, and ammunition made in
3.7Minnesota from those materials.
3.8(f) Firearms accessories that are imported into Minnesota from another state and that
3.9are subject to federal regulation as being in interstate commerce do not subject a firearm to
3.10federal regulation under interstate commerce as a result of being attached to or used in
3.11conjunction with a firearm in Minnesota.
3.12 Subd. 5. Exemptions. Subdivision 4 does not apply to:
3.13(1) a firearm that cannot be carried and used by one person;
3.14(2) a firearm that has a bore diameter greater than 1-1/2 inches and that uses
3.15smokeless powder, not black powder, as a propellant;
3.16(3) ammunition with a projectile that explodes using an explosion of chemical
3.17energy after the projectile leaves the firearm; or
3.18(4) a firearm, other than a shotgun, that discharges two or more projectiles with one
3.19activation of the trigger or other firing device.
3.20 Subd. 6. Marketing of firearms. A firearm manufactured or sold in Minnesota
3.21under this section must have the words "Made in Minnesota" or "Made in MN" clearly
3.22stamped on a central metallic part of the firearm, such as the receiver or frame.
3.23EFFECTIVE DATE.This section applies to firearms, firearms accessories, and
3.24ammunition that are manufactured, as defined in subdivision 3, and retained in Minnesota
3.25after October 1, 2009.