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DRAFT ORDINANCE NO. 2025-17

AN ORDINANCE AMENDING CHAPTER 22 OF THE EDINA CITY CODE TO CREATE A NEW ARTICLE XI CONCERNING FIREARMS

THE CITY COUNCIL OF EDINA ORDAINS:

Section I. Chapter 22 - MISCELLANEOUS OFFENSES of the Edina City Code is amended to add the following new Article XI. - FIREARMS:

ARTICLE XI. - FIREARMS

Sec. 22-314. - Purpose.

The City Council finds that there is a public safety and welfare crisis resulting from gun violence in the City. The City finds that semi-automatic military-style assault weapons, ghost guns, large-capacity magazines, and binary triggers have not commonly been used for self-defense purposes, yet these firearms and firearm modifications inherently have a significantly higher capacity for causing damage, injury, and death compared to ordinary firearms used for lawful self-defense purposes. The City finds it necessary for the public safety and welfare to regulate such firearms and firearm modifications to mitigate the damage, injury, and death posed by use of such weapons for non-lawful purposes.

Sec. 22-315. - Definitions.

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Assault weapon means a semiautomatic military-style assault weapon, as defined in Minnesota Statutes, Section 624.712, subd. 7 and as listed by the Bureau of Criminal Apprehension in accordance with Minnesota Statutes, Section 624.712, subd. 8, as may amended from time to time.

Binary trigger means a device, mechanism, component, or part designed, marketed, created, or assembled as part of a firearm to discharge one round of ammunition when the trigger is pulled and an additional round of ammunition when the trigger is released.

Firearm means a firearm, as defined in Minnesota Statutes, Section 97A.015, subd. 19, as may be amended from time to time, but not including firearms collected as part of the licensed curation of relic firearms/curios per 27 C.F.R. 478.

Firearm component means any component or part that is designed, manufactured, created, printed, or assembled to form part of a firearm.

Ghost gun means any firearm or firearm component not marked with a serial number required under federal, state, or local law, whether manufactured, assembled, or constructed in whole or in part by any person. Ghost gun does not include any firearms manufactured prior to 1968, antique firearms as defined in Title 18, Section 921(a)(16) of the United States Code, or firearms incapable of discharging a shot by means of an explosive or otherwise incapable of being restored to a firing condition.

Large capacity magazine means any ammunition feeding device, whether accessory to a firearm or a firearm component, that has a capacity of more than twenty (20) rounds or is designed, marketed, created, or assembled to have a capacity of more than twenty (20) rounds. A large capacity magazine does not include a tubular magazine that is contained in a lever-action firearm or a .22 caliber fixed tubular magazine.

Locking device means a firearm component, firearm accessory, or external device or mechanism that renders a firearm inaccessible, inoperable, or both. A locking device includes but is not limited to biometric locks, trigger locks, barrel locks, cylinder locks, gun vaults, locked cabinets, locked boxes, or any other locked container where a key is kept separate from the container and not readily available to an unauthorized person.

Person means any individual, partnership, corporation, association, or other legal entity.

Unauthorized person means a person who is not the owner of the firearm, does not have permission from the owner of the firearm to possess the firearm, a person under the age of 18 years old, or a person who is otherwise prohibited under federal, state, or local law from possessing the firearm.

Sec. 22-316. - Prohibited Acts.

Possession. No person shall possess an assault weapon, large capacity magazine, binary trigger, or ghost gun within the City.
Manufacturing. No person shall manufacture, produce, assemble, or construct an assault weapon, large capacity magazine, binary trigger, or ghost gun within the City.
Sale or transfer. No person shall sell, transfer, or import an assault weapon, large capacity magazine, binary trigger, or ghost gun within the City.
Negligent storage. No person shall negligently store or leave a loaded or unloaded firearm unattended in a location where the person knows or reasonably should know that an unauthorized person is likely to gain access to the firearm. It shall not constitute negligent storage for a person to take reasonable steps to secure a firearm against unauthorized access with a locking device.

Sec. 22-317. - Exceptions.

The prohibitions in section 22-316 do not apply in the following circumstances:

Active or reserve federal, state, county, or municipal law enforcement officers, including members of the armed forced of the United States, National Guard, and reserves, where the officer or member is duly authorized to perform a prohibited act within the scope of their official duties;
Persons transporting a prohibited firearm or firearm component through the City, provided that such firearm or firearm component is unloaded and in a locked container and the transport otherwise complies with all applicable federal, state, and local laws;
Persons transporting a prohibited firearm or firearm component to a law enforcement agency, military agency, federal firearms licensee, or other entity lawfully permitted to receive such firearms for disposal, sale, resale, or transfer occurring outside of the City and the transport otherwise complies with all applicable federal, state, and local laws; and
Persons actively using a prohibited firearm or firearm component for lawful self-defense purposes.

Sec. 22-318. - Penalties.

Each day that a violation of section 22-317 continues is a misdemeanor offense subject to imprisonment for not more than 90 days, payment of a fine not to exceed $1,000, or both.
Nothing in this section shall preclude the City from seeking injunctive or equitable relief in addition to or in lieu of criminal prosecution to prevent or abate violations of this Article.

Sec. 22-319. – Effective Dates

This Article shall not be effective or enforced until the date the City Council certifies by resolution that this Article is not preempted by state law.

Sec. 22-320. - Severability.

If any portion of this Article is held invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, that portion shall be severed and the remaining portions of this Article remain in full force and effect.

Section II. This ordinance shall be effective upon passage and publication, and passage of a resolution by the City Council certifying that this ordinance is not preempted by state law.