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A bill for an act
relating to public safety; requiring appropriate agencies to destroy firearms subject
to forfeiture that are not kept for a law enforcement purpose; amending Minnesota
Statutes 2024, section 609.5315, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 609.5315, subdivision 1, is amended to read:
Subdivision 1.
Disposition.
(a)
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Subject to paragraph (b),
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If the court finds under section
609.5313
,
609.5314
, or
609.5318
that the property is subject to forfeiture, it shall order the
appropriate agency to do one of the following:
(1) unless a different disposition is provided under clause (3) or (4),
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either
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destroy
firearms, ammunition, and firearm accessories that the agency decides not to use for law
enforcement purposes under clause (8)
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, or sell them to federally licensed firearms dealers,
as defined in section
624.7161
, subdivision 1, and distribute the proceeds under subdivision
5 or 5b
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;
(2) sell property that is not required to be destroyed by law and is not harmful to the
public and distribute the proceeds under subdivision 5 or 5b;
(3) sell antique firearms, as defined in section
624.712
, subdivision 3, to the public and
distribute the proceeds under subdivision 5 or 5b;
(4) destroy or use for law enforcement purposes semiautomatic military-style assault
weapons, as defined in section
624.712
, subdivision 7;
(5) take custody of the property and remove it for disposition in accordance with law;
(6) forward the property to the federal drug enforcement administration;
(7) disburse money as provided under subdivision 5, 5b, or 5c; or
(8) keep property other than money for official use by the agency and the prosecuting
agency.
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(b) Notwithstanding paragraph (a), the Hennepin or Ramsey County sheriff may not sell
firearms, ammunition, or firearms accessories if the policy is disapproved by the applicable
county board.
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(c)
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(b)
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If property is sold under paragraph (a), the appropriate agency shall not sell
property to: (1) an officer or employee of the agency that seized the property or to a person
related to the officer or employee by blood or marriage; or (2) the prosecuting authority or
any individual working in the same office or a person related to the authority or individual
by blood or marriage.
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(d)
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(c)
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Sales of forfeited property under this section must be conducted in a commercially
reasonable manner.
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EFFECTIVE DATE.
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This section is effective July 1, 2026.
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