Roger Beach
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In 1978 the MN Legislature passed a law allowing Mn residents to acquire "collectable machine guns," leaving the definition of "collectable" to the discretion of the Superintendent of the Bureau of Criminal Apprehension. (BCA)
When the law went into effect in August of that year I began calling the BCA to learn what machine guns would be considered collectable. I was told they didn't know. I continued to call and write for some months with no success. I felt the Superintendent's decision was that none were collectable.
In the 1981 session of the MN Legislature they added options to the the implementation of an Administrative Rule. Administrative Rules were used to correct the unintended consequences of clumsy wording in a law which made the law difficult to apply. The Legislature added a provision for a citizen who was unsuccessful in negotiating a rule with the bureaucracy enforcing the law that allowed the citizen to write their own rule and petition the bureaucracy to adopt it. I immediately drafted a rule and sent the petition. My rule asked BCA to adopt the Federal Curios and Relics List to be adopted as the MN definition of a collectable machine gun.
My petition was denied. The required response read, "We do not ever intend to promulgate a rule allowing private citizens to possess automatic weapons in the interest of public safety," or word to that effect.
I took a copy of that letter to the committee in the Legislature responsible for Administrative rules and told the staff person, "The BCA is thwarting the intent of the Legislature" and she asked if I could prove it. I handed her the letter and she added the subject to the next meeting of the committee.
The committee reminded the Superintendent of the BCA that they made the laws, not BCA, and directed him to begin the rule making process.
Their first rule exceeded their statutory authority and failed legal review by the MN Attorney General. The next 2 versions came out and failed as well.
The fourth version contained many unnecessary and restrictive requirements and fees, but passed muster at the Attorney General's office and was sent to the Secretary of State for public comment.
I went to the BCA and "persuaded" them to recall the rule.
The fifth rule adopted the Federal Curio and Relics List as the MN definition of a collectable machine gun. They gave up. It was 1983.
You can go to the MN Revisor of Statutes website to read the Statute and rule.
Website: https://www.revisor.mn.gov/
Select "Statutes" and go to 609.67
Select "Ruless" and go to 7500.5100
The Machine Guns map on this website is incorrect.
Roger Beach
In 1978 the MN Legislature passed a law allowing Mn residents to acquire "collectable machine guns," leaving the definition of "collectable" to the discretion of the Superintendent of the Bureau of Criminal Apprehension. (BCA)
When the law went into effect in August of that year I began calling the BCA to learn what machine guns would be considered collectable. I was told they didn't know. I continued to call and write for some months with no success. I felt the Superintendent's decision was that none were collectable.
In the 1981 session of the MN Legislature they added options to the the implementation of an Administrative Rule. Administrative Rules were used to correct the unintended consequences of clumsy wording in a law which made the law difficult to apply. The Legislature added a provision for a citizen who was unsuccessful in negotiating a rule with the bureaucracy enforcing the law that allowed the citizen to write their own rule and petition the bureaucracy to adopt it. I immediately drafted a rule and sent the petition. My rule asked BCA to adopt the Federal Curios and Relics List to be adopted as the MN definition of a collectable machine gun.
My petition was denied. The required response read, "We do not ever intend to promulgate a rule allowing private citizens to possess automatic weapons in the interest of public safety," or word to that effect.
I took a copy of that letter to the committee in the Legislature responsible for Administrative rules and told the staff person, "The BCA is thwarting the intent of the Legislature" and she asked if I could prove it. I handed her the letter and she added the subject to the next meeting of the committee.
The committee reminded the Superintendent of the BCA that they made the laws, not BCA, and directed him to begin the rule making process.
Their first rule exceeded their statutory authority and failed legal review by the MN Attorney General. The next 2 versions came out and failed as well.
The fourth version contained many unnecessary and restrictive requirements and fees, but passed muster at the Attorney General's office and was sent to the Secretary of State for public comment.
I went to the BCA and "persuaded" them to recall the rule.
The fifth rule adopted the Federal Curio and Relics List as the MN definition of a collectable machine gun. They gave up. It was 1983.
You can go to the MN Revisor of Statutes website to read the Statute and rule.
Website: https://www.revisor.mn.gov/
Select "Statutes" and go to 609.67
Select "Ruless" and go to 7500.5100
The Machine Guns map on this website is incorrect.
Roger Beach
