SF 878 : July 1st or August 1st?

[Squib Joe]

GOCRA website and others have said July 1st is when they can own a suppressor. The guy that authored the bill told me August 1st. Which is it?

[farmerj]

Be safe and go Aug 1. I am confused on the dates on most of it as well.

[jshuberg]

The original bill was not an appropriations bill, and would have gone into effect 1 Aug. However, the language of the original bill was moved into the omnibus bill, which *was* an appropriations bill.

Appropriations bills go into effect 1 Jul unless otherwise specified at the end of the section. Suppressor legalization had no effective date specified, so goes into effect 1 Jul.

It can get tricky. Hopefully the BATFE is capable of understanding the difference. If not, one of the GOCRA lawyers may have to educate them on MN law.

Sent from my iPhone using Tapatalk

[Squib Joe]

The most current engrossment ends the section with:

"This section is effective August 1, 2015, and applies to crimes committed on or after that date."

Unless I'm looking at it wrong

[jshuberg]

Section 19 (suppressors) which starts on page 33 and continues halfway through page 34 does not provide an effective date at the end of the section.

I'm not sure which version you're looking at. I'm looking at my hard copy of the conference committee report on SF 878, which is what was passed into law.


Sent from my iPhone using Tapatalk

[jshuberg]

Suppressor legalization (section 19) goes into effect 1 Jul.

Hunting with suppressors (section 3) goes into effect 1Aug.

Capitol notification (section 20) goes into effect 1 Jul.

Long gun purchase (section 24) goes into effect 1 Jul.

Reciprocity (section 32) goes into effect 1 Jul.

Emergency powers (section 34) goes into effect 1Aug.


Sent from my iPhone using Tapatalk

[RobD]

Jeff is right.

The 3rd engrossment does not have an effective date for the section relevant to suppressor possession. (The Hunting penalties do, Aug 1st.)



645.02 states that absent an effective date:

An appropriation act or an act having appropriation items enacted finally at any session of the legislature
takes effect at the beginning of the first day of July next following its final enactment, unless a different
date is specified in the act.

[Squib Joe]

I'm looking at 3rd engrossment posted yesterday. 33.16 through 36.2

https://www.revisor.mn.gov/bills/text.p ... n_number=0

[jshuberg]

You're combining a bunch of individual sections together. The effective date provided on 36.2 is for section 25, which is not one of the 5 "gun bills" that GOCRA sponsored.

EFFECTIVE DATE. This section is effective August 1, 2015, and applies to crimes committed on or after that date.

Note that it states the effective date is for that section, not all of the sections above it.

Suppressor legalization is section 19, and on the 3rd Engrossment starts on 33.16 and ends on 34.2, without an explicit effective date.
Capitol Notification is section 20, and on the 3rd engrossment starts on 34.3 and ends on 34.26 without an explicit effective date.
.
.
.

[Hmac]

The original bill was not an appropriations bill, and would have gone into effect 1 Aug. However, the language of the original bill was moved into the omnibus bill, which *was* an appropriations bill.

Appropriations bills go into effect 1 Jul unless otherwise specified at the end of the section. Suppressor legalization had no effective date specified, so goes into effect 1 Jul.

It can get tricky. Hopefully the BATFE is capable of understanding the difference. If not, one of the GOCRA lawyers may have to educate them on MN law.

Sent from my iPhone using Tapatalk

If it was an appropriations bill, why wasn't Dayton able to line-item-veto the suppressor bill?

[jshuberg]

The governor only has the power to line-item-veto the appropriations of money. Any policy within an appropriations bill cannot be line-item-vetoed.

[Squib Joe]

You're combining a bunch of individual sections together. The effective date provided on 36.2 is for section 25, which is not one of the 5 "gun bills" that GOCRA sponsored.

EFFECTIVE DATE. This section is effective August 1, 2015, and applies to crimes committed on or after that date.

Note that it states the effective date is for that section, not all of the sections above it.

Suppressor legalization is section 19, and on the 3rd Engrossment starts on 33.16 and ends on 34.2, without an explicit effective date.
Capitol Notification is section 20, and on the 3rd engrossment starts on 34.3 and ends on 34.26 without an explicit effective date.
.
.
.

I hope this is the case, but still troubling that so many people are saying it has to be August 1st

It might be a moot point because nobody is going to get a Form 4 acceptance before August 1st, but they *might* get a delay if the ATF and everyone else is reading it that way and see an earlier date on the form

[jshuberg]

People are often wrong. If BATFE denies an application because they get the dates wrong, it can be easily corrected with a letter from the Revisor of Statutes clarifying the effective date for them. If anyone experiences this kind of problem, please let GOCRA know.


Sent from my iPhone using Tapatalk

[george]

Perhaps one could get a letter like that, post it on here, I would copy it and include it with the form 4 at the time of application. Or do you think the atf would be on top of things?

[jshuberg]

That's a good idea. I talked to Andrew, he's going to get something in writing from the state concerning the effective date for suppressor legalization.

I like writing that - suppressor legalization. Especially in the past-tense. It is a good thing


Sent from my iPhone using Tapatalk