President Obama touted his gun confiscation agenda during his visit to Minneapolis Monday. One of the first things he touted was his call to ban “military-style assault weapons.”

He later said that it was time to limit clips to no more than 10 rounds. President Obama’s advance team didn’t do their homework because Rep. Michael Paymar has introduced HF241, which would define assault weapon as:

Subd. 7. Semiautomatic military-style Assault weapon. “Semiautomatic
1.17military-style Assault weapon” means any:
1.18(1) any of the following firearms:
1.19(i) Avtomat Kalashnikov (AK-47) semiautomatic rifle type;
1.20(ii) Beretta AR-70 and BM-59 semiautomatic rifle types;
1.21(iii) Colt AR-15 semiautomatic rifle type;
1.22(iv) Daewoo Max-1 and Max-2 semiautomatic rifle types;
1.23(v) Famas MAS semiautomatic rifle type;
1.24(vi) Fabrique Nationale FN-LAR and FN-FNC semiautomatic rifle types;
2.1(vii) Galil semiautomatic rifle type;
2.2(viii) Heckler & Koch HK-91, HK-93, and HK-94 semiautomatic rifle types;
2.3(ix) Ingram MAC-10 and MAC-11 semiautomatic pistol and carbine types;
2.4(x) Intratec TEC-9 semiautomatic pistol type;
2.5(xi) Sigarms SIG 550SP and SIG 551SP semiautomatic rifle types;
2.6(xii) SKS with detachable magazine semiautomatic rifle type;
2.7(xiii) Steyr AUG semiautomatic rifle type;
2.8(xiv) Street Sweeper and Striker-12 revolving-cylinder shotgun types;
2.9(xv) USAS-12 semiautomatic shotgun type;
2.10(xvi) Uzi semiautomatic pistol and carbine types; or
2.11(xvii) Valmet M76 and M78 semiautomatic rifle types;
2.12(2) any firearm that is another model made by the same manufacturer as one of the
2.13firearms listed in clause (1), and has the same action design as one of the listed firearms,
2.14and is a redesigned, renamed, or renumbered version of one of the firearms listed in clause
2.15(1), or has a slight modification or enhancement, including but not limited to a folding or
2.16retractable stock; adjustable sight; case deflector for left-handed shooters; shorter barrel;
2.17wooden, plastic, or metal stock; larger clip size; different caliber; or a bayonet mount; and
2.18(3) any firearm that has been manufactured or sold by another company under a
2.19licensing agreement with a manufacturer of one of the firearms listed in clause (1) entered
2.20into after the effective date of Laws 1993, chapter 326, to manufacture or sell firearms that
2.21are identical or nearly identical to those listed in clause (1), or described in clause (2),
2.22regardless of the company of production or country of origin.
2.23The weapons listed in clause (1), except those listed in items (iii), (ix), (x), (xiv),
2.24and (xv), are the weapons the importation of which was barred by the Bureau of Alcohol,
2.25Tobacco, and Firearms of the United States Department of the Treasury in July 1989.
2.26Except as otherwise specifically provided in paragraph (d), a firearm is not a
2.27″semiautomatic military-style assault weapon” if it is generally recognized as particularly
2.28suitable for or readily adaptable to sporting purposes under United States Code, title 18,
2.29section 925, paragraph (d)(3), or any regulations adopted pursuant to that law.
2.30(1) semi-automatic rifle that has the capacity to accept a detachable magazine and
2.31has one or more of the following:
2.32(i) a pistol grip or thumbhole stock;
2.33(ii) any feature capable of functioning as a protruding grip that can be held by the
2.34nontrigger hand;
2.35(iii) a folding or telescoping stock; or
3.1(iv) a shroud attached to the barrel, or that partially or completely encircles the
3.2barrel, allowing the bearer to hold the firearm with the nontrigger hand without being
3.3burned, but excluding a slide that encloses the barrel;
3.4(2) semi-automatic pistol, or any semi-automatic, centerfire, or rimfire rifle with a
3.5fixed magazine, that has the capacity to accept more than seven rounds of ammunition

During his speech, as with all his speeches, President Obama said that his political opponents are attempting to gin up fear with talk of confiscating guns. “Nothing could be further from the truth,” President Obama said. While Rep. Paymar didn’t use the term confiscate in his legislation, banning semi-automatic pistols that have standard issue clips is confiscation. As such, it doesn’t stand a chance of passing constitutional muster in the SCOTUS:

Under Heller and McDonald, it is settled that Americans have a constitutional right to possess handguns for purposes of self-defense. The overwhelming majority of handguns in the United States are semiautomatics. A semiautomatic handgun is essentially inoperable without a magazine. (I suppose you could put a single bullet in the chamber and use the gun like an old-fashioned derringer, but that would reduce its value for self-defense to close to the vanishing point. [UPDATE: As a commenter points out, even that wouldn't work with the many pistols that have magazine safeties.]) The vast majority of magazines have more than a seven-bullet capacity. There are some small pistols designed for concealed carry with magazines that limited, but any ordinary-sized pistol comes with a magazine that will hold at least ten bullets, and usually more. So a magazine that holds more than seven bullets is not “high capacity,” it is “standard capacity.”

President Obama didn’t criticize Rep. Paymar’s gun confiscation legislation during his visit to highlight the legislature’s gun confiscation hearings this week at the Capitol.

By not criticizing Rep. Paymar’s legislation, he’s opening himself up to speculation that he’s ok with confiscating semi-automatic pistols. Couple his legislative agenda to ban scary-looking weapons with his not speaking out against Chicago’s ban of handguns and it’s pretty clear that President Obama isn’t opposed to banning handguns.

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