HomeMy WebLinkAbout20110606 - VII-6 & VIII-C-1
MEMORANDUM TO: Honorable Mayor and Hastings City Council Members FROM: Daniel J. Fluegel, City Attorney DATE: April 21, 2011 RE: Possession of Firearms Ordinance REQUESTED ACTION The
City Council is requested to adopt an Ordinance amending Section 94.05 of the City Code setting forth specified unlawful acts in City Parks. BACKGROUND Since 1985 the Minnesota Legislature
has preempted all authority of cities to regulate firearms, ammunition, or their respective components to the complete exclusion of any local ordinance regulating them. Minnesota Statutes
§471.633 provides that local regulations inconsistent with the law are void. The Statute still allows cities to regulate the discharge of firearms and negligent or reckless handling
of a firearm remains a crime. Legislation in 2003 and 2005 expanded the ability to carry firearms with a permit and specifically prevents local governments from prohibiting firearms
on governmental property. For many years, Hastings Code §94.05 (and the prior ordinance) provided that it is unlawful in any park for any person to be in possession of any gun, firearm,
air gun or pellet gun. The ability of the City to impose this regulation is preempted by the Statute referenced above. The conflict has been raised by an individual interested in these
laws who has been persistent in identifying the conflict and requested that the City take action to modify its ordinance to conform with the State law requirements. Staff believes it
is appropriate to modify the ordinance to remove the restriction on possession of firearms in parks. Again, other restrictions contained in the City Ordinance, including City Code §130.01,
will continue to prohibit and make a crime any reckless handling of a firearm or discharge of a firearm except in the specific exceptions contained in the Ordinance. There will be no
change proposed to those Ordinance sections. ATTACHMENTS 1. Minnesota Statutes §471.633; and 2. Proposed Ordinance §94.05
Minnesota Statutes Annotated Currentness Municipalities (Ch. 471-472B) Chapter 471. Municipal Rights, Powers, Duties More Miscellany 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. CREDIT(S)
Laws 1985, c. 144, § 1. CROSS REFERENCES Classification of cities, first, second, third, and fourth classes defined, see § 410.01. Home rule charter city, defined, see § 410.015. Statutory
city, defined, see § 410.015. LIBRARY REFERENCES Weapons 2. Westlaw Topic No. 406. C.J.S. S. Weapons §§ 2 to 8. RESEARCH REFERENCES 2011 Electronic Update ALR Library 19 ALR 6th 335,
Validity, Construction, and Application of Municipal Restrictions on Location or Operations of Facilities for Sale or Use of Firearms. M. S. A. § 471.633, MN ST § 471.633 Current with
laws of the 2011 Regular Session through Chapter 2 (C) 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. END OF DOCUMENT
CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2011-___, THIRD SERIES An Ordinance of the City of Hastings Identifying Unlawful Acts In City Parks BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF HASTINGS: HASTINGS CITY CODE CHAPTER 94, SECTION 94.05 IS AMENDED AS FOLLOWS (new language is underlined, strikethrough language is deleted): § 94.05 ADDITIONAL UNLAWFUL ACTS.
It is unlawful in any park for any person to: (M) Be in possession of any gun, firearm, air gun, pellet gun, explosive, bow and arrow, or other similar device; provided, however, that
nothing herein contained shall prohibit the discharge of fireworks by an organization or group of organizations authorized in writing by the City Council,; nor as to the discharge of
firearms, shall this division (M) apply to a peace officer in the discharge of his or her duties; or Council member _____________________ moved a second to this Ordinance, and upon being
put to a vote it was adopted by a majority of all Council members present. Adopted by the Hastings City Council on this ____ day of ________, 2011, by the following vote: Ayes Nays:
Absent: CITY OF HASTINGS Paul J. Hicks, Mayor ATTEST: _________________________ Melanie Mesko Lee, City Clerk I hereby certify that the above is a true and correct copy of the Ordinance
presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the ____ day of ______, 2011, as disclosed by the records of the City of Hastings on file and of record
in the office. Melanie Mesko Lee, City Clerk 3.