Law enforcement prohibited from using tear gas, chemical weapons, and kinetic energy munitions.

A bill for an act

relating to public safety; prohibiting law enforcement from using tear gas, chemical

weapons, and kinetic energy munitions; amending Minnesota Statutes 2024, section

624.731, subdivisions 4, 6; proposing coding for new law in Minnesota Statutes,

chapter 626.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 624.731, subdivision 4, is amended to read:

Subd. 4.

Prohibited use.

(a) No person shall knowingly, or with reason to know, use

tear gas, a tear gas compound, an authorized tear gas compound, or an electronic

incapacitation device on or against a peace officer who is in the performance of duties.

(b) No person shall use tear gas, a tear gas compound, an authorized tear gas compound,

or an electronic incapacitation device except as authorized in subdivision 2 or 6.

(c) Tear gas, a tear gas compound, or an electronic incapacitation device shall legally

constitute a weapon when it is used in the commission of a crime.

(d) No person shall use tear gas or a tear gas compound in an immobilizing concentration

against another person, except as otherwise permitted by subdivision 2.

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(e) No peace officer shall use tear gas in the performance of the officer's duties. No law

enforcement agency shall supply tear gas to, or authorize the use of tear gas by, peace

officers employed by the agency.

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Sec. 2.

Minnesota Statutes 2024, section 624.731, subdivision 6, is amended to read:

Subd. 6.

Exceptions.

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(a)
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Nothing in this section
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shall prohibit
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prohibits
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the possession
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or use of by, or the sale or
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, use, sale, or
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furnishing of
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,
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tear gas
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,
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or
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a tear gas compound
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, an

authorized tear gas compound, or electronic incapacitation device to, a law enforcement

agency, peace officer,
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to
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the National Guard or reserves, or a member of the National Guard

or reserves for use in their official duties, except that counties and municipalities may impose

licensing requirements on sellers pursuant to subdivision 9.

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(b) Nothing in this section prohibits the possession, use, sale, or furnishing of an electronic

incapacitation device to a law enforcement agency, a peace officer, the National Guard or

reserves, or a member of the National Guard or reserves for use in their official duties,

except that counties and municipalities may impose licensing requirements on sellers pursuant

to subdivision 9.

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Sec. 3.

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[626.8438] CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS

PROHIBITED; POLICIES REQUIRED.

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Subdivision 1.

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Definitions.

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(a) For purposes of this section, the following terms have

the meanings given.

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(b) "Chemical weapons" means:

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(1) toxic chemicals and precursors of toxic chemicals, except when intended for purposes

not prohibited pursuant to this subdivision and when the types and quantities of such

chemicals are consistent with such purposes;

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(2) munitions and devices specifically designed to cause death or other harm through

toxic properties of toxic chemicals as described in clause (1) that would be released as a

result of the employment of such munitions and devices; or

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(3) any equipment specifically designed for use directly in connection with the

employment of munitions and devices as described in clause (2).

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(c) "Toxic chemical" means any chemical that through its chemical action on life

processes can cause death, temporary incapacitation, or permanent harm to humans or

animals. Toxic chemicals include all chemicals defined as toxic chemicals pursuant to this

paragraph, regardless of the origin or method of production of the chemical and regardless

of whether the chemicals are produced in facilities, in munitions, or elsewhere.

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(d) "Kinetic energy munitions" includes but is not limited to impact rounds, including

rubber baton rounds, and plastic, wax, wood, or rubber-coated projectiles.

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Subd. 2.

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Prohibition.

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Law enforcement agencies and peace officers are prohibited from

using chemical weapons and kinetic energy munitions on civilian populations.

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Subd. 3.

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Model policy required.

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By November 15, 2026, the board must develop a

model policy for law enforcement agencies to implement the prohibition on law enforcement

agencies and peace officers from using chemical weapons and kinetic energy munitions on

civilian populations. The board must distribute the model policy to all chief law enforcement

officers.

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Subd. 4.

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Agency policies required.

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By January 15, 2027, the chief law enforcement

officer of every state and local law enforcement agency must establish and enforce a written

policy that is identical or substantially similar to the board's model policy described in

subdivision 3.

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