SF3681

Purpose

Explain the bill’s goal: ban the possession of semiautomatic militarystyle assault weapons and large-capacity magazines in Minnesota, with criminal penalties, by updating state statutes.

Definitions and key terms

• Semiautomatic militarystyle assault weapon (SMAW): A broad category defined by a long list of specific firearms (for example, AK-47 type rifles; AR-15 type rifles; Uzi, MAC10/MAC11, TEC9, SIG 550/551, Steyr AUG, and other listed models) and by features that make a firearm resemble those listed. It also includes any firearm that is manufactured or sold under a licensing agreement to be identical or nearly identical to a listed weapon, or that has modifications (e.g., folding or telescoping stock, pistol grip, detachable magazine, shroud around the barrel, flash suppressor, etc.) that meet certain criteria.
• Large-capacity magazine (LCM): A feeding device that can hold more than 10 rounds. The bill also defines certain exceptions to this rule (see “Exceptions” below).
• Detachable magazine: A magazine that can be removed from the firearm without disassembling the firearm.
• Features that trigger SMAW status (examples): pistol grip or thumbhole stock; folding or telescoping stock; shroud around the barrel; flash suppressor; the ability to accept a detachable magazine in locations outside the pistol grip; a threaded barrel or other features that enable attachments like a silencer or forward hand grip.
• Conversion kit: Parts or kits that could allow a semiautomatic militarystyle assault weapon to be assembled if those parts are in the same person’s possession or control.
• Not a SMAW if permanently inoperable: Firearms permanently made nonfunctional are excluded from the SMAW designation.
• Sporting purpose exception: Firearms generally recognized as suitable for sporting purposes under 18 U.S.C. § 925(d) are not considered SMAWs.

Main prohibitions and what the bill seeks to accomplish

• Ban on possession: Prohibits possessing semiautomatic militarystyle assault weapons and large-capacity magazines in Minnesota, with criminal penalties for violations.
• Scope of SMAW definitions: The bill enumerates a long list of specific firearms and adds broad criteria to cover similar or modified versions, including those manufactured under license or with features that change the firearm’s design or function.
• Features that create SMAW status: If a firearm has certain features (pistol grip, thumbhole stock, folding/ Telescoping stock, shroud, flash suppressor, ability to take a detachable magazine, etc.), it may be deemed an SMAW, even if not explicitly listed by model.
• Detachable magazines and capacity: Semiautomatic pistols or firearms with detachable magazines that can hold more than 10 rounds, or that would otherwise enable high-capacity firing through listed features, are included.
• Shotguns and other weapons: The bill extends similar considerations to semiautomatic shotguns (and revolving-cylinder shotguns) with specific attribute-based criteria.
• Conversion kits: Possession of conversion kits or parts that enable assembling an SMAW is prohibited if those parts are in the same person’s possession or control.
• Not all are banned: Weapons permanently inoperable are excluded from SMAW designation. Firearms with recognized sporting purposes are not SMAWs under the sporting-purposes exception.

Large-capacity magazines (LCMs)

• Definition: LCM means any feeding device with a capacity to accept more than ten rounds, or conversion parts that would enable such capacity, when held by the same person.
• Exceptions: LCMs do not include devices permanently altered to accept 10 or fewer rounds; .22 caliber tube feeding devices; or tubular magazines in lever-action firearms.

Significant changes to existing law

• Statutory updates: Adds a new subdivision related to large-capacity magazines and amends multiple sections of Minnesota Statutes (including sections 624.712 and 624.7131–624.7134, 624.7141, and 624.7181) to implement the new prohibitions and definitions.
• Cross-referencing: References current and future statutory supplements (2024 and 2025) to establish the new framework and enforcement.
• Importation note: Some listed weapons are tied to historical federal action (e.g., importation bans by federal authorities) to illustrate which weapons are covered.

Notable clarifications and exceptions

• Sporting purposes exception: Firearms that are generally recognized as suitable for sporting purposes, per federal law, are not considered SMAWs under the sporting-purposes provision.
• Permanently inoperable weapons: If a weapon is permanently unable to fire, it is not a SMAW.
• Licensing and production: If a weapon is manufactured under a licensing agreement to imitate a listed model, it is included in the ban.

Implementation considerations

• The bill seeks to add criminal penalties for possession, implying enforcement through criminal law if individuals possess SMAWs or LCMs in Minnesota.
• It creates precise criteria to identify which firearms count as SMAWs and which magazines count as LCMs, including both model-specific lists and feature-based definitions.

Relevant terms - semiautomatic militarystyle assault weapon - large-capacity magazine - detachable magazine - pistol grip - thumbhole stock - folding stock - telescoping stock - shroud - flash suppressor - conversion kit - capacity more than ten rounds - firearm models (e.g., AK-47, AR-15, Uzi, TEC-9, MAC-10/MAC-11, HK91/HK93/HK94, SIG 550/551, Steyr AUG) - importation barred (ATF) - sporting purposes exception (18 U.S.C. § 925(d)) - permanently inoperable firearms - licensing agreement (manufacturing to imitate listed models)