Legality of Owning a Semi-Auto Assault Weapon in Minneapolis

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Legality of Owning a Semi-Auto Assault Weapon in Minneapolis

Postby Drumrboy44 on Thu Oct 18, 2012 12:43 pm

Is anyone familiar with the Minneapolis City Ordinance which seemingly bans owning assault weapons like AK-47s and AR-15s in the City of Minneapolis? It seems to say that you cannot own one in the city limits unless you are an LEO or military. Does anyone have any insight into this?

it says:
393.85. - Assault weapons.

(a) The transportation of firearms in motor vehicles in the City of Minneapolis shall be governed by Minnesota Statutes Section 97B.045.

(b)
This section shall not apply to officers, employees, or agents of law enforcement agencies or the armed forces of this state or of the United States to the extent that any such person is authorized by law to sell, rent, lease, possess, barter, display, or transfer an assault weapon and is acting in the scope of his or her duties.
(c)
Except as provided in subsections (a), (b), (e) and (f), no person shall sell, lease, transfer, possess, or display an assault weapon.
(d)
For purposes of this section, the following terms shall have the indicated meanings:
(1)
"Assault weapon" shall mean:
(a)
all versions of the following firearms, including firearms sold under the designation provided in this clause and firearms that are identical or substantially identical thereto, regardless of manufacturer or designation:
(i)
Automat Kalashnikov (AK-47) semiautomatic rifle type;
(ii)
Beretta AR-70 and BM-59 semiautomatic rifle types;
(iii)
Colt AR-15 semiautomatic rifle type;
(iv)
Daewoo Max-1 and Max-2 semiautomatic rifle type;
(v)
Famas MAS semiautomatic rifle type;
(vi)
Fabrique Nationale FN-LAR and FN-FNC semiautomatic rifle types;
(vii)
Galil semiautomatic rifle type;
(viii)
Heckler and Koch HK-91, HK-93, and HK-94 semiautomatic rifle types;
(ix)
Ingram MAC-10 and MAC-11 semiautomatic pistol and carbine types;
(x)
Intractec TEC-9 semiautomatic pistol type;
(xi)
Sigarms SIG 550SP and SIG 551SP semiautomatic rifle types;
(xii)
SKS with detachable magazine semiautomatic rifle type;
(xiii)
Steyr AUG semiautomatic rifle type;
(xiv)
Street Sweeper and Striker-12 revolving cylinder shotgun types;
(xv)
USAS-12 semiautomatic shotgun type;
(xvi)
Uzi semiautomatic pistol and carbine types; or
(xvii)
Valmet M76 and M78 semiautomatic rifle types;
(b)
Any firearm that is another model made by the same manufacturer as one of the firearms listed in clause (1)(a), has the same action design as one of the listed firearms, and is a redesigned, renamed, or renumbered version of one of the firearms listed in clause (1)(a);
(c)
Any firearm that may be readily converted to an assault weapon, as defined in clause (1)(a) or clause (1)(b);
(d)
Any part or combination of parts, designed or intended to readily convert a firearm into an assault weapon, as defined in clause (1)(a) or clause (1)(b), or any combination of parts from which an assault weapon, as defined in clause (1)(a) or clause (1)(b), may be readily assembled.
(2)
"Assault weapon" shall not include a firearm that has been modified or designed so as to render it permanently inoperable or permanently not a semiautomatic firearm.
(3)
"Substantially identical" shall mean that a model is only a variation of a model listed in clause (1)(a), with minor modifications or enhancements including, but not limited to, a folding or retractable stock, a stock of different composition, an adjustable sight, a case deflector for left-handed shooters, a shorter barrel, a larger ammunition capacity, a different caliber, or a bayonet mount.
(4)
"Semi-automatic" shall mean a firearm that uses a portion of the force of the fired cartridge to expel the case of the fired cartridge and load another cartridge into the firing chamber and that requires a separate function of the trigger to fire each cartridge.
(e)
Any person who lawfully possesses an assault weapon prior to the effective date of this section shall remove it from the City of Minneapolis, render it permanently inoperable, or register it within thirty (30) days with the chief of police pursuant to such procedures as the chief of police may establish. The chief of police shall require submission of information identifying the registrant and the assault weapon being registered and may require payment of a processing fee not to exceed actual processing costs.
(f)
Any person who obtains title to an assault weapon by bequest or intestate succession may retain possession for a period of time not to exceed thirty (30) days and shall within that time transfer title of the assault weapon to the Minneapolis Police Department or to a person who may lawfully possess the assault weapon. (92-Or-178, § 1, 12-18-92)"
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Re: Legality of Owning a Semi-Auto Assault Weapon in Minneapolis

Postby plblark on Thu Oct 18, 2012 12:55 pm

https://www.revisor.leg.state.mn.us/statutes/?id=471.633&year=2011
471.633 FIREARMS.

The legislature preempts all authority of a home rule charter or statutory city including a city of the first class, county, town, municipal corporation, or other governmental subdivision, or any of their instrumentalities, to regulate firearms, ammunition, or their respective components to the complete exclusion of any order, ordinance or regulation by them except that:

(a) a governmental subdivision may regulate the discharge of firearms; and

(b) a governmental subdivision may adopt regulations identical to state law.

Local regulation inconsistent with this section is void.
History:

1985 c 144 s 1
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Re: Legality of Owning a Semi-Auto Assault Weapon in Minneapolis

Postby Drumrboy44 on Thu Oct 18, 2012 1:10 pm

I've seen that... I guess that I'm more concerned with what the police department believes. I called my precinct in Minneapolis, and they told me that it was not legal. I just would prefer not to get arrested, even if I am "correct" under State law.
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Re: Legality of Owning a Semi-Auto Assault Weapon in Minneapolis

Postby CJB on Thu Oct 18, 2012 1:10 pm

Wow. Who the F does Minneapolis think they are? And how many tax dollars were spent creating a city code that is irrelevant?
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Re: Legality of Owning a Semi-Auto Assault Weapon in Minneapolis

Postby Heffay on Thu Oct 18, 2012 1:17 pm

Drumrboy44 wrote:I've seen that... I guess that I'm more concerned with what the police department believes. I called my precinct in Minneapolis, and they told me that it was not legal. I just would prefer not to get arrested, even if I am "correct" under State law.


Actually, you should hope to get arrested and your weapons seized by the city. Then a quick phone call to Berris and you can buy a WHOLE BUNCH MORE new shiny guns with your settlement money as well as get your existing ones back!
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Re: Legality of Owning a Semi-Auto Assault Weapon in Minneapolis

Postby Drumrboy44 on Thu Oct 18, 2012 1:29 pm

Hah, I guess that is a good point. I was told by the 1st Precinct police office at the front desk "I don't care what, if I see you with an AK-47, I'm arresting you, I don't want to be the dumb cop that lets a criminal go with that kind of gun." WTF?
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Re: Legality of Owning a Semi-Auto Assault Weapon in Minneapolis

Postby plblark on Thu Oct 18, 2012 1:32 pm

did you get a name and a badge number and follow up with his superiors? especially in light of the statute referenced?

We're not talking CARRYING it here, are we, we're talking OWNING it, right?
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Re: Legality of Owning a Semi-Auto Assault Weapon in Minneapolis

Postby Drumrboy44 on Thu Oct 18, 2012 1:44 pm

Yes, talking about owning. I think he said his name was Officer Benner, didn't get a badge number though. It is just frustrating that nobody seems to have the answers. I called the ATF, the MN Dept. of Public Safety (who I was referred to by the PD), the Sheriff's office (who I was referred to by the Dept. of Public Safety), and the City Attorney's office (who I was referred to by the Sheriff's office) who told me that they can't give opinions on that issue.

How is one supposed to abide by the law if the people who enforce the law don't understand it???
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Re: Legality of Owning a Semi-Auto Assault Weapon in Minneapolis

Postby Heffay on Thu Oct 18, 2012 2:07 pm

Drumrboy44 wrote:Yes, talking about owning. I think he said his name was Officer Benner, didn't get a badge number though. It is just frustrating that nobody seems to have the answers. I called the ATF, the MN Dept. of Public Safety (who I was referred to by the PD), the Sheriff's office (who I was referred to by the Dept. of Public Safety), and the City Attorney's office (who I was referred to by the Sheriff's office) who told me that they can't give opinions on that issue.

How is one supposed to abide by the law if the people who enforce the law don't understand it???


You can't. The system isn't designed to give you answers. It's designed to protect them.

Feel free to take advantage of such a system if you want. ;-)
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Re: Legality of Owning a Semi-Auto Assault Weapon in Minneapolis

Postby Squib Joe on Thu Oct 18, 2012 2:09 pm

There is an Officer Marcus Benner in the MPD.

The Internal Affairs Unit number is (612) 673-3074

Ask for Sgt. McCarty if possible
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Re: Legality of Owning a Semi-Auto Assault Weapon in Minneapolis

Postby Drumrboy44 on Thu Oct 18, 2012 3:21 pm

Interesting update, an investigator from the Weapons department returned my call and is helping me to get to the bottom of it. He said he was concerned himself, since he had owned a semi-auto assault rifle in Minneapolis for years! He was actually pretty nice about it though. We'll see what happens.
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Re: Legality of Owning a Semi-Auto Assault Weapon in Minneapolis

Postby heather harley on Thu Oct 18, 2012 3:24 pm

Surprisingly, the Mayor didn't include a cheap shot about 'Guns' in his email about the Sign Shop Shooting.

It seemed 'classy' for him to avoid it but it was more surely calculated.

However. THE GREEN PARTY MORON, CAM GORDON, a council member ranted about guns in his monthly email to voters. It's almost fun to listen to them froth-at-the-mouth about "Gun Violence."
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Re: Legality of Owning a Semi-Auto Assault Weapon in Minneapolis

Postby heather harley on Thu Oct 18, 2012 3:28 pm

Drumrboy44 wrote:Interesting update, an investigator from the Weapons department returned my call and is helping me to get to the bottom of it. He said he was concerned himself, since he had owned a semi-auto assault rifle in Minneapolis for years! He was actually pretty nice about it though. We'll see what happens.


You're obviously taking 'The High Road' here. You're representing all civilian firearm owners...it's an 'opportunity' . :)
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Re: Legality of Owning a Semi-Auto Assault Weapon in Minneapolis

Postby Snakeman721 on Thu Oct 18, 2012 5:49 pm

You would be shocked to see some of the laws that various city councils have passed with the council members knowing absolutely NOTHING about the issue!! I'm currently fighting Coon Rapids city hall over an animal issue that makes no sense.
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Re: Legality of Owning a Semi-Auto Assault Weapon in Minneapolis

Postby jshuberg on Thu Oct 18, 2012 7:49 pm

Drumrboy44 wrote:How is one supposed to abide by the law if the people who enforce the law don't understand it???

They probably do understand it, but just don't want to come out and say that the city council of full of ****, and to go ahead and ignore the ordinance. Even if they don't understand it, who cares? That's what lawyers are for. Consider it a payday.
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