1.2relating to public safety; clarifying and delimiting the authority of public officials
1.3to disarm individuals at any time;proposing coding for new law in Minnesota
1.4Statutes, chapter 624.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. [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
1.16physical custody for engaging in criminal activity or for observation pursuant to section
1.17253B.05, subdivision 2; or (2) seizes the items as evidence pursuant to an investigation for
1.18the commission 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
1.22regard to any firearms and ammunition, and components thereof; any firearms accessories
1.23and ammunition reloading equipment and supplies; and any other personal weapons:
2.1(1) prohibit, regulate, or curtail the otherwise lawful possession, carrying,
2.2transportation, transfer, defensive use, or other lawful use of any of these items;
2.3(2) seize, commandeer, or confiscate any of these items in any manner, except as
2.4expressly authorized in paragraph (b);
2.5(3) suspend or revoke a valid permit issued pursuant to section 624.7131 or 624.714,
2.6except as expressly authorized in those sections; or
2.7(4) close or limit the operating hours of businesses that lawfully sell or service any
2.8of these items, unless such closing or limitation of hours applies equally to all forms
2.9of commerce.
2.10(d) No provision of law relating to a public disorder or disaster emergency
2.11proclamation by the governor or any other governmental or quasi-governmental official,
2.12including but not limited to emergency management powers pursuant to chapters 9
2.13and 12, shall be construed as authorizing the governor or any other governmental or
2.14quasi-governmental official of this state or any of its political subdivisions acting at
2.15the direction of the governor or another official to act in violation of this paragraph
2.16or paragraphs (b) and (c).
2.17(e)(1) An individual aggrieved by a violation of this section may seek relief in an
2.18action at law or in equity or in any other proper proceeding for damages, injunctive relief,
2.19or other appropriate redress against a person who commits or causes the commission of
2.20this violation. Venue must be in the district court having jurisdiction over the county in
2.21which the aggrieved individual resides or in which the violation occurred.
2.22(2) In addition to any other remedy available at law or in equity, an individual
2.23aggrieved by the seizure or confiscation of an item listed in paragraph (c) in violation of
2.24this section may make application for the immediate return of the items to the office of the
2.25clerk of court for the county in which the items were seized and, except as provided in
2.26paragraph (b), the court must order the immediate return of the items by the seizing or
2.27confiscating governmental office and that office's employed officials.
2.28(3) In an action or proceeding to enforce this section, the court must award the
2.29prevailing plaintiff reasonable court costs and expenses, including attorney fees.
2.30EFFECTIVE DATE.This section is effective August 1, 2015.