This analysis clearly illustrates how SF4067 uses broad definitions and bureaucratic hurdles to effectively criminalize common firearm ownership under the guise of public safety. It is a sobering look at how legislative technicalities can be leveraged to erode constitutional rights through administrative overreach.
Deep Dive
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Deep Dive
We Read Minnesota’s Gun Control Bill So You Don’t Have To | SF4067 BreakdownAdded:
Hey everybody, it's Brian Strazer, chairman of the Minnesota Gun Owners Caucus. And in this video, I'm going to walk through the provisions of Senate File 4067. This is the DFL's omnibus gun control bill that passed the Minnesota Senate in May by one vote, 34 to 33. And this bill is currently pending before the Minnesota House, which has yet to take any action on the bill. What I'm going to do in this video is kind of walk through the bill from top to bottom and talk about what it does and what's in the bill. In a separate video, we have collected many questions from all of you and we will work on answering all of those questions so that everyone has a full understanding of what's in this bill. So, I'll remind everybody as we begin this video that you can look at all of this directly on the Minnesota legislative website. Um, so if you were to just Google SF4067, you'll land on this page on the Minnesota Legislature website, and this is the current status of the bill, which is what you see down here. Um, and you can read the current bill text, and that's what we're going to be focusing on as we go through this video. Um, so I'm going to click right here, which is the current bill text, the second engrossment. That just means what the bill looks like after it's been amended a couple times.
And so this is the actual bill text that was passed by the Minnesota Senate um in early May on a 3433 vote. Um I'm going to point out to as we go through this, there are a lot of things in here that have nothing to do with guns. Um so I'm going to talk about those briefly, but we're going to kind of fly past those to focus on uh the gun sections. Okay. A couple things to note as you go through the bill. Um new language is underlined.
So like I'm looking here at this appropriation section. This is new language in statute. Language that's being removed will be struck through.
And if there are large sections being removed, they'll be in a repealer at the very bottom of the bill. So just so you know what you're looking at. Okay. Um first, uh what we have here in the early part of the bill are appropriations. So this is money. Um, some of these appropriations are for things not related to guns, but I want to walk through the ones that are. Um, they are allocating money here in section two for the grandfathering certification for rifles, pistols, and magazines covered by this ban. Um, they are giving uh $100,000 for a public awareness campaign around using red flag gun confiscation orders. This money is going to the Department of Public Safety. They're giving $500,000 to the violence project at Hamlin University, which has come out and testified in favor of all of the DFL's gun control. So, it's kind of the academic backing and they're basically giving them more money to keep doing the same. Um, then they get into some school safety or school security grants. Um, so we'll see here a million dollars for non-public schools. Um, and then there's some kind of writers and guidelines uh connected to this. There are money there's money in here that's human services related around school behavioral health family peer specialists, mobile crisis grants, mental health grants, mental health reimbursement rate increases.
So this is all just budgeting for those grants.
Section four here covers uh grants or budgeting rather for some of the um components here related to school safety and security. So there's an anonymous reporting system. there's specific school safety aid uh in here for $19 million and how that can be used um basically around safe school actions. Um so that beginning we get off with just a lot of appropriation for a number of things here. Then we get into the first kind of gun section of this and this is the ban on semi-automatic military style assault weapons and large capacity magazines. So, we for a long time in Minnesota, decades, we have had this definition of a semi-automatic military-style assault weapon. If you've bought any of these firearms, then you have to have a permit to purchase or a permit to carry in order to purchase them. Part of what they're doing here in the bill is they're changing the definition to what that means.
So that's why this ban is so ownorous and large, covers a large number of firearms because they changed the definition so that now basically almost any semi-automatic firearm or rifle rather is a assault weapon to use their terminology. So we see that language right here. A semi-automatic military assault weapon also includes any semi-automatic rifle that can accept a detachable magazine.
So, if it's a semi-auto rifle and it will take a detachable magazine and if it has any of the following things, then it is covered by this bill. A pistol grip or a thumb hole stock. Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand. a folding or telescopic stock, a shroud attached to the barrel that partially or completely encircles the barrel, allowing the bearer to hold the arm firearm with a non-trigger hand without being burned, but excluding a slide that encloses the barrel.
That's the new very expansive version of this. I'm telling you, if it's a semi-automatic rifle and it takes a detachable magazine, it is covered in this bill and will be banned.
The next section is about semi-automatic pistols. It's a pistol that takes a detachable magazine and is semi-automatic.
And it either has anything functioning as a protruding grip, a folding telescopic or thumbhole stock, a barrel shroud, a detachable magazine that connects anywhere other than the pistol grip, then it is covered by this bill and is now an assault weapon.
In section three, semi-automatic shotguns that have any of the following: a pistol grip or thumb hole stock, any feature capable of functioning as a protruding grip, folding or telescopic stock, fixed magazine capacity in excess of 17 rounds, an ability to accept a detachable shotgun magazine, or has a revolving cylinder, then that is covered by this bill and would be banned. And then lastly, any conversion kit part or combination of parts from which an assault weapon can be assembled, if those parts are in the possession or under control of the same person.
So if you have a collection of parts like I do, I have lowers um and I have a collection of parts that are not assembled that together is constructive possession and is a semi-automatic military style assault weapon. This section is effective July 1st of 2027, so next year. The next section defines large capacity magazines, and they have decided that this means any ammunition feeding device that takes more than 17 rounds or any conversion kit, part or combination of parts by which you could assemble these parts if they're under the control of the same person. It does not mean something that's been altered so it holds 17 rounds or less. It does not mean a 22 caliber tube ammunition feeding device. It does not mean a tubular magazine that's in a lever action firearm. This also takes effect July 1st. So these are definition changes.
Then effective July 1st, 2027, a federal firearms dealer is prohibited from selling a semi-automatic military assault weapon or a large capacity magazine under this statute. The provisions of this section apply to dealers when transferring or selling a pistol. So, what this means is that dealers would no longer be able to sell anything covered by this bill, which includes magazines holding more than 17 rounds, and they can't sell any of these rifles, pistols, or shotguns that we talked about before.
Next, it says in our back in our universal background check process that um any pistol, semi-automatic, military style assault weapon or large capacity magazine, you would need to do the universal background check paperwork that we have to do today. And the person selling the item has to prove to you that they owned it prior to the date of transfer and that they properly certified it or grandfathered it through a process with the Bureau of Criminal Apprehension. A sale receipt or sufficient proof demonstrating that the transfer happened before July 1st or legally acquired it by gift transfer upon death would count.
So, we're changing the universal background check process where you have to prove that it was lawfully possessed prior to that date.
We'll get to the certification in a moment.
Um, it requires now that you maintain a copy of that certification that that happens as a part of this. The same for magazines.
Um, it acts as if magazines have serial numbers. They don't.
The next section goes into the prohibitions.
This covers the sale of military-style assault weapons and large capacity magazines and says that um a firearms dealer after the date of July 1st may not sell these firearms or a large capacity magazine. Um, but it allows you to transfer them or purchase them in a private transaction as long as you follow the requirements of this law, which means they have to prove that they ha they lawfully possessed it or purchased it and registered it through this certification process. There are exemptions here for law enforcement, of course, and federal law enforcement, security officers, immediate family members, uh, all of which are covered here.
The next section here, section seven.
This is the grandfathering and registration clause. So, it is it creates a crime that is unlawful to own or possess a semi-automatic military style assault weapon. All of these guns we've talked about before, or a large capacity magazine that has not been certified as required under this statute.
to certify these and you have to do this for every one of them separately. You have to make an application to the Bureau of Criminal Apprehension. You have to renew it every 3 years. Um, you have to follow the transfer laws. You'll have to pay a fee.
No one knows what this fee is going to be. It could be a dollar. It could be $1,000. It could be $10,000. We don't know. And there's no cap on it here.
If you acquire one through a sale or transfer, a private sale or transfer or or an estate, you have 120 days to obtain certification from the Bureau of Criminal Apprehension. If you don't do that and you are caught with these firearms or magazines, you have committed a gross misdemeanor on your second offense. It is a felony.
The data collected here is private, meaning there won't be some database that, you know, people can go look at.
And again, it exempts firearm manufacturers, dealers, law enforcement, and federal law enforcement.
Article three covers anonymous threat reporting. So, this is a focused on school districts and it requires them I'm sorry, it encourages them to create an evidence-based local anonymous threat reporting system um and kind of goes through that detail. This isn't gunrelated, so we're not going to focus a lot on it. Um there will be a statewide anonymous threat reporting system for schools as well. This covers uh reporting that has to be given back to the legislature from the Department of Education.
This next section changes Minnesota's laws about carrying on school property.
Um what it um uh what it does here is it um it changes the storage requirements for firearms on school property. Today when um you know you can you can carry a firearm with your permit onto school property in your vehicle. You can park your vehicle. you can get out and secure your firearm in the vehicle and go into the school. That's totally legal.
They're completely changing this that requires um how you must store your firearm in those situations um with a lot of specifics about lock containers, safe or other secure device uh or in a locked trunk compartment instead of the current law which has been working just fine. Um so they are are doing that. The next section uh changes our storage requirements.
609.666 is the statute that they're changing. Um what this does, this actually doesn't create a new safe storage requirement in your home the way some of these more egregious bills have done in the past. What this does is it modifies the law that says you must store your firearm in a way that you reasonably know that a child could not gain access to this, which is our current law, but also that a person who is prohibited from possessing a firearm under state law cannot obtain access to that firearm. Um, so that it doesn't dictate how you have to store it. It just modifies the existing law to say you've got to also make sure you're storing it in a way that a person that's prohibited can't gain access to it.
This next section, section five, well, this is the ghost gun, so-called ghost gun regulation. The history here on this is that there is a there's a current Minnesota statute about defacing or removing serial numbers that says that firearms that are required to have a serial number under federal law must have a serial number. This was being misinterpreted by the attorney general's office to mean all privately manufactured firearms have a serial number and they were prosecuting people across the state for this. The Minnesota Supreme Court got an appeal said that statute doesn't actually say that uh and struck those cases down. This is their fix for this. Um which instead of just saying privately manufactured firearms have to have a serial number, they're regulating the whole field of privately manufactured firearms. So, there's a lot in here I want to talk about. What they outline here is they define a ghost gun as a firearm or a finished or unfinished framer receiver that does not have a unique serial number that is engraved or imprinted in metal alloy on the framer receiver or is undetectable by a metal detector and it references the federal standard for this. or a firearm that is manufactured by a 3D printer or a computer numerical controlled milling machine, a CNC or a 3D printer. It's a ghost gun if you make it. It's not a ghost gun if it's made by an FFL manufacturer.
Um, it does not include antique firearms and it does not include pre-1968 firearms, which is when federal law started requiring serial numbers. It has a huge definition of unfinished frame or receiver. A forging, a casting, a printing, an extrusion, a machine body or similar article that has reached a stage where it could be readily completed, assembled, or converted into a functional firearm.
It then creates a crime for altering serial numbers. It creates a crime on owning, possessing, or receiving a ghost gun, which is a five-year felony, uh, and a $10,000 fine, or both.
It states that after August 1st, 2026, um a person who's in possession of a firearm or unfinished frame and receiver that does not have a unique serial number has 180 days to do one of a few things. One, go to an FFL and have them imprint a serial number on the firearm according to this requirement. Two, permanently remove the firearm and unfinished frame or receiver from the state. Three, make it permanently inoperable. Four, give it to the police for destruction.
If you receive a firearm or unfinished frame or receiver without a serial number through inheritance and it's legal for you to have it, you have 30 days to follow the requirements that I just outlined. New residents moving here will have 60 days to do that. Of course, this does not apply to FFLs. It does not apply to um transfer between the owner and an FFL for the purposes of serialization. It does not apply to law enforcement or the members of the armed forces.
Then it begins to regulate the assembly and manufacture of firearms.
And this is very very broad. It defines a symbol as putting together component parts.
It defines manufacturer is fabricating, making, forming, producing, or constructing by manual labor or machinery. And then it says, "If you're an F, unless you're an FFL, you cannot assemble or manufacture more than three firearms in a calendar year.
Before assembling or manufacturing a firearm, um you must request a unique serial number from an FFL with 10 day within 10 days of assembling the firearm, you must have that firearm imprinted with the serial number assigned according to that section and that nothing permits the assembly or manufacturer of ghost guns." So, three a year is all you'll be able to build. It then prohibits you, if you don't have an FFL, to manufacture any firearm using a CNC mill or a 3D printer.
It then creates a crime for selling, transferring, or distributing other than to an FFL any digital instructions in the form of computer aided design files or code or instructions stored and displayed in electronic format as any digital model that could be used to program a 3D printer to manufacture a ghost gun.
It then outlines a process by which FFLs will be required to issue and maintain serial numbers. Even though this is not a thing that they do today, uh I'll skip the detail. You can read it here in the bill, but there's a lot.
The next section uh changes our red flag gun confiscation process here in section 8. It basically says that um it it basically opens up who else can apply to get a red flag gun confiscation order.
Right now it's the police, family members of the respondent or a guardian and mental health professionals can uh do this along with county attorneys.
This now changes this and lets any police officer not just the chief and just expands that definition. Um, it also changes the length of a red flag gun confiscation order to make it longer. Uh, or there are options for longer perhaps is the way I should describe that. I won't dwell on this.
Uh, everyone knows how we feel about the red flag orders. There's a lot in here.
Um, none of it. It really reduces a lot of due process uh that is uh in the law today. It allows for a a red flag order of up to five years.
Um, so there's a lot going on here. It doesn't deal with any of the um concerns we had if the due process in this in the red flag process. It doesn't alleviate any concerns we have about law enforcement uh negligently storing firearms. I mean, there's just a lot uh going on here.
We will kind of scroll through that.
This is more parts of the red flag process. Um, section 21 re retroactively reenacts the binary trigger ban back to January 1st, 2025. Of course, they have to do this because we got this struck down in court, which they're now appealing. Um, but they're going to put it back in here um by uh putting it in the statute.
Um, we'll talk about the repealer at the bottom here, but they repeal 609.667.
Um this section is about uh human services mental health funding. I won't uh dwell on here. Um article five covers what they would describe as conforming amendments. This is changing other statutes to align with the new statutory law that's in here. Um a lot of this has to do with just uh the definition of a semi-automatic military style assault weapon that's in Minnesota law.
Um just scrolling through this.
Um everything below here is what is being repealed. So what they're repealing is some mental health payment terms and then they're repealing 609.667 as it is today. And this is the rem the current law on removal or alteration of serial numbers. So, that's what the bill does. Um, I'll summarize this uh briefly before we wrap up so everyone um has this in a straightforward way. This creates new funding and grant programs for gun violence prevention, for school security, for intervention programs and related state initiatives. It bans so-called semi-automatic military style assault weapons by completely redefining what they are and then prohibiting almost all of them and some pistols and shotguns based largely on cosmetic features, not really anything functional. Existing owners can grandfather them through a process with the Bureau of Criminal Apprehension for an unknown fee. Uh, and you'll have to maintain that every 3 years. It bans magazines holding more than 17 rounds and has restrictions on possession, transfer, and future sales. Creates a mandatory registration requirement for all of these grandfathered firearms and magazines. Um, including renewal requirements and criminal penalties if you don't register and follow the law.
It expands so-called ghost gun restrictions by regulating um how you can build firearms at home and limits you to only three uh assemblies or manufacturing of firearms each year.
you'll have to be they'll have to be serialized through an FFL.
Um, it criminalizes the possession or transfer of unserialized privately manufactured firearms and many unfinished frames or receivers. It bans the possession or distribution of 3D printer files, CAD files, codes, and digital instructions used to make firearms. Um, it creates new prohibitions related to possessing equipment or tools intended to use intended to manufacture firearms. Uh it uh retroactively reenacts the binary trigger ban uh here in Minnesota. Um it expands locations and other circumstances uh here by which you can manufacture personally manufacture firearms. Um and then there's a lot of information here about data. Um has additional funding to the Bureau of Criminal Apprehension, the Department of Public Safety task with implementing all of these new regulations. And then it has all of the implementation timelines and definitions. And of course, all police and state, local, county, federal are exempted from all of these. The major practical effect here, ban on many commonly owned semi-automatic firearms, including rifles, pistols, and shotguns.
A magazine ban, registration if you want to grandfather in your existing firearms. aggressive regulation of homemade privately manufactured firearms, which we have done in this country since the founding, and expanded criminal penalties tied to the possession of these firearms and magazines and compliance requirements that you must follow or you will become a felon. Hopefully, this gave you a good background as to what is in the bill. In our next video, I will try to tackle the 100 plus questions that all of you have submitted to us via social media. Thanks again. Thanks for your support. And if you do nothing else today, make sure you go to our action center at gunowners.mnaction and tell the legislature, the House of Representatives, that you oppose these bills.
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