SBR legality question for member

[Bessy]

A member of the forum contacted me with a question I'm ill -equipped to answer, so I'm posting it here.

Hello Sir,

I am looking to getting a SBR when I move back to MN in a few weeks.

I used to live in Oakdale and tried to get a SBR but the city ordanace did not allow short rifles. So when I move back I am going to be avoiding Oakdale. I need to live near Minneapolis so if you know of places that a more SBR friendly then others please advise.

Quite frankly this scares the **** out of me. I didn't even realize cities restricted ownership of sbr's. I'm wondering if I could get nicked for being in possession of an sbr within city limits. Anyone know which cities near the Minneapolis are sbr friendly?

[Squib Joe]

I wonder if there is an actual ordinance or is it just a Chief that doesn't like to sign off on forms. If there is an ordinance, preemption laws may also apply and it may not be valid.

[Boone]

Ordinance

"Sec. 13-8. Possession of Certain Items Prohibited. No person, unless specifically permitted under
the terms of either a valid state or federal firearms license or collector’s permit, shall possess any of the
following:
(a) Fully automatic firearms.
(b) Shot guns with a barrel length less than eighteen (18) inches.
(c) Rifles with a barrel length less than sixteen (16) inches.
(d) Weapons made from a rifle or shotgun with an overall length of less than twenty-six (26)
inches.
(e) Semi-automatic pistols with shoulder stocks.
(f) Any unconventional weapon which is capable of being fired and can be concealed on the
person."

[forcefed]

Put a longer flash hider on it? I think they need to be staked in place though, so they can't come off.

[Squib Joe]

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.

[Bessy]

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.

This is all well and good, but do you really want to be the guy that has to fight it in court after the cops confiscate your weapons and try to throw you in jail.

[Squib Joe]

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.

This is all well and good, but do you really want to be the guy that has to fight it in court after the cops confiscate your weapons and try to throw you in jail.

Hell no. The other problem is that Minnesota doesn't exactly allow SBRs - they don't forbid them either, so the preemption statutes may mean squat.

If it were me, I'd ask for a sit down with the CLEO and plead your case before moving in. I don't think I'd move to a different city just to own a SBR

[miked]

Remember a city ordinance violation is only a misdemeanor (state law) which means its only a citaiton unless they can show reason for one of the exceptions.

[Snowgun]

Ordinance

"Sec. 13-8. Possession of Certain Items Prohibited. No person, unless specifically permitted under
the terms of either a valid state or federal firearms license or collector’s permit, shall possess any of the
following:
(a) Fully automatic firearms.
(b) Shot guns with a barrel length less than eighteen (18) inches.
(c) Rifles with a barrel length less than sixteen (16) inches.
(d) Weapons made from a rifle or shotgun with an overall length of less than twenty-six (26)
inches.
(e) Semi-automatic pistols with shoulder stocks.
(f) Any unconventional weapon which is capable of being fired and can be concealed on the
person."

So I put a shoulder stock on my 1911 and it's illegal? wut?

[Ken]

Ordinance

"Sec. 13-8. Possession of Certain Items Prohibited. No person, unless specifically permitted under
the terms of either a valid state or federal firearms license or collector’s permit, shall possess any of the
following:
(a) Fully automatic firearms.
(b) Shot guns with a barrel length less than eighteen (18) inches.
(c) Rifles with a barrel length less than sixteen (16) inches.
(d) Weapons made from a rifle or shotgun with an overall length of less than twenty-six (26)
inches.
(e) Semi-automatic pistols with shoulder stocks.
(f) Any unconventional weapon which is capable of being fired and can be concealed on the
person."

So I put a shoulder stock on my 1911 and it's illegal? wut?

Browning Hi-Power is a classic example of a pistol with a shoulder stock, but then again most of those would fall under C&R rules.

Also, AK47 pistols, AR pistols, etc come to mind.