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HF 3744

Law enforcement prohibited from using tear gas, chemical weapons, and kinetic energy munitions.

2025-2026 Regular Session Introduced by Mary Clardy and 5 co-sponsors

Prohibits use of tear gas, chemical weapons, and kinetic energy munitions by law enforcement, and requires a statewide model policy and agency adherence.

Author added Pursell
#firearmsanddangerousweapons #lawenforcement #publicsafetydepartment
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WeVote Research Nonpartisan
Bill Summary · HF 3744

Summary of HF 3744 (2025-2026) – Minnesota

Purpose and Intent

HF 3744 aims to restrict and ultimately prohibit the use of tear gas, chemical weapons, and kinetic energy munitions by law enforcement and peace officers in Minnesota. The bill also requires the development and adoption of a statewide policy framework to implement these prohibitions and ensure uniform compliance across state and local agencies.

Key Provisions and Changes

Section 1: Prohibition on Tear Gas Use by Peace Officers

  • Prohibits peace officers from using tear gas, tear gas compounds, authorized tear gas compounds, or electronic incapacitation devices in the performance of their duties.
  • Prohibits supplying tear gas to peace officers or authorizing its use by agencies.
  • Clarifies that tear gas can be a weapon when used in the execution of a crime.
  • Establishes an immobilizing-concentration prohibition for tear gas, unless otherwise permitted by other subdivisions.

Section 2: Exceptions and Possession

  • Sets limited exceptions for possession, use, sale, or furnishing of tear gas to law enforcement agencies or National Guard members for official duties, with counties and municipalities potentially imposing licensing requirements on sellers.
  • Keeps allowances for electronic incapacitation devices to law enforcement agencies or National Guard members, again with potential local licensing.

Section 3-4: New Chemical Weapons and Kinetic Energy Munitions Prohibition and Policy Framework (new Chapter [626.8438])

  • Defines terms:
    • Chemical weapons: includes toxic chemicals, precursors, and munitions/devices designed to deploy toxic chemicals, plus equipment used in such deployment.
    • Toxic chemical: chemicals capable of causing death, incapacitation, or harm.
    • Kinetic energy munitions: includes impact rounds (e.g., rubber bullets) and similar projectiles.
  • Subd. 2 (Prohibition): Prohibits law enforcement agencies and peace officers from using chemical weapons and kinetic energy munitions on civilian populations.
  • Subd. 3 (Model policy): The Minnesota Board of Peace Officer Standards and Training (or equivalent board) must develop a model policy by November 15, 2026, and distribute it to all chief law enforcement officers.
  • Subd. 4 (Agency policies required): By January 15, 2027, every state and local law enforcement agency must establish and enforce a written policy that is identical or substantially similar to the board’s model policy.

Affected Parties and Entities

  • Law enforcement agencies (state, county, municipal) and peace officers currently authorized to use tear gas or other devices.
  • Agencies that stock or authorize tear gas or electronic incapacitation devices.
  • The Minnesota Board of Peace Officer Standards and Training (or the applicable board responsible for policy guidance).
  • The National Guard or reserves are referenced in existing exceptions but subject to licensing rules at the local level.

Procedural and Timeline Aspects

  • Model policy deadline: November 15, 2026.
  • Agency policy adoption deadline: January 15, 2027.
  • The bill introduces new statutory sections codifying prohibitions and mandating policy development and adoption.

Potential Impact

  • A significant shift in crowd-control and policing practices, reducing or eliminating the use of chemical irritants and kinetic impact projectiles.
  • Encourages standardized, statewide policy guidance to ensure consistent prohibitions and safe alternatives across all jurisdictions.
  • May affect procurement, training, and operational protocols within law enforcement agencies.
  • Possible need for local licensing regimes for sellers of tear gas, balancing public safety with regulation of chemical products.

Compiled from official sources — confirm details with the bill’s official record.

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