Minnesota Legislature
HF 128
1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:34am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 01/14/2009 | |
| 1st Engrossment | Posted on 03/12/2009 |
| Committee Engrossments | ||
|---|---|---|
| 1st Committee Engrossment | Posted on 02/19/2009 |
Current Version - 1st Engrossment
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A bill for an act
relating to game and fish; removing bow and gun case requirements; amending
Minnesota Statutes 2008, sections 97B.035, subdivision 2; 97B.041; 97B.045,
subdivision 1; 97B.051; 609.66, subdivision 1d.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 97B.035, subdivision 2, is amended to read:
Subd. 2.
Possession of crossbows.
A person may not possess a crossbow outdoors
or in a motor vehicle during the open season for any game, unless the crossbow is
deleted text begin unstrung, anddeleted text end in deleted text begin a case or in a closed trunk ofdeleted text end a motor vehiclenew text begin and the bow is not armed
with a bolt or arrownew text end .
Sec. 2.
Minnesota Statutes 2008, section 97B.041, is amended to read:
97B.041 POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED
IN DEER ZONES.
A person may not possess a firearm or ammunition outdoors during the period
beginning the fifth day before the open firearms season and ending the second day after
the close of the season within an area where deer may be taken by a firearm, except:
(1) during the open season and in an area where big game may be taken, a firearm
and ammunition authorized for taking big game in that area may be used to take big game
in that area if the person has a valid big game license in possession;
(2) an unloaded firearmdeleted text begin that is in a case or in a closed trunk of a motor vehicledeleted text end ;
(3) a shotgun and shells containing No. 4 buckshot or smaller diameter lead shot
or steel shot;
(4) a handgun or rifle capable of firing only rimfire cartridges of .17 and .22 caliber,
including .22 magnum caliber cartridges;
(5) handguns possessed by a person authorized to carry a handgun under sections
624.714 and 624.715 for the purpose authorized; and
(6) on a target range operated under a permit from the commissioner.
This section does not apply during an open firearms season in an area where deer
may be taken only by muzzleloader, except that muzzleloading firearms lawful for the
taking of deer may be possessed only by persons with a valid license to take deer by
muzzleloader during that season.
Sec. 3.
Minnesota Statutes 2008, section 97B.045, subdivision 1, is amended to read:
Subdivision 1.
Restrictions.
new text begin (a) new text end A person may deleted text begin notdeleted text end transport deleted text begin adeleted text end new text begin an uncased, unloadednew text end
firearm in a motor vehicle unless deleted text begin the firearm isdeleted text end :
(1) deleted text begin unloaded and in a gun case expressly made to contain a firearm, and the case
fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened,
and without any portion of the firearm exposed;deleted text end new text begin restricted under section 97A.091,
97B.081, or 97B.086; or
new text end
deleted text begin
(2) unloaded and in the closed trunk of a motor vehicle; or
deleted text end
deleted text begin (3) a handgun carried in compliance with sections 624.714 and 624.715.deleted text end new text begin (2) within
the boundaries of a home rule charter or statutory city, including a city of the first class,
county, town, municipal corporation, or other government subdivision that has prohibited
the discharge of a firearm under section 471.633, in which case a firearm must be unloaded
and in a gun case expressly made to contain a firearm, and the case must fully enclose the
firearm by being zipped, snapped, buckled, tied, or otherwise fastened, and without any
portion of the firearm exposed.new text end
new text begin
(b) For the purposes of this section, "firearm" does not include a pistol as defined in
section 624.712, subdivision 2.
new text end
Sec. 4.
Minnesota Statutes 2008, section 97B.051, is amended to read:
97B.051 TRANSPORTATION OF ARCHERY BOWS.
Except as specified under section 97B.055, subdivision 2, a person may not transport
an archery bow in a motor vehicle unless the bow isdeleted text begin :deleted text end new text begin not armed with a bolt or arrow.new text end
deleted text begin
(1) unstrung;
deleted text end
deleted text begin
(2) completely contained in a case; or
deleted text end
deleted text begin
(3) in the closed trunk or rear-most enclosed portion of a motor vehicle that is not
accessible from the passenger compartment.
deleted text end
Sec. 5.
Minnesota Statutes 2008, section 609.66, subdivision 1d, is amended to read:
Subd. 1d.
Possession on school property; penalty.
(a) Except as provided under
paragraphs (c) and (e), whoever possesses, stores, or keeps a dangerous weapon or uses or
brandishes a replica firearm or a BB gun while knowingly on school property is guilty of a
felony and may be sentenced to imprisonment for not more than two years or to payment
of a fine of not more than $5,000, or both.
(b) Whoever possesses, stores, or keeps a replica firearm or a BB gun on school
property is guilty of a gross misdemeanor.
(c) Notwithstanding paragraph (a) or (b), it is a misdemeanor for a person authorized
to carry a firearm under the provisions of a permit or otherwise to carry a firearm on or
about the person's clothes or person in a location the person knows is school property.
Notwithstanding section 609.531, a firearm carried in violation of this paragraph is not
subject to forfeiture.
(d) As used in this subdivision:
(1) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch
or less in diameter;
(2) "dangerous weapon" has the meaning given it in section 609.02, subdivision 6;
(3) "replica firearm" has the meaning given it in section 609.713; and
(4) "school property" means:
(i) a public or private elementary, middle, or secondary school building and its
improved grounds, whether leased or owned by the school;
(ii) a child care center licensed under chapter 245A during the period children are
present and participating in a child care program;
(iii) the area within a school bus when that bus is being used by a school to
transport one or more elementary, middle, or secondary school students to and from
school-related activities, including curricular, cocurricular, noncurricular, extracurricular,
and supplementary activities; and
(iv) that portion of a building or facility under the temporary, exclusive control
of a public or private school, a school district, or an association of such entities where
conspicuous signs are prominently posted at each entrance that give actual notice to
persons of the school-related use.
(e) This subdivision does not apply to:
(1) active licensed peace officers;
(2) military personnel or students participating in military training, who are on-duty,
performing official duties;
(3) persons authorized to carry a pistol under section 624.714 while in a motor
vehicle or outside of a motor vehicle to directly place a firearm in, or retrieve it from, the
trunk or rear area of the vehicle;
(4) persons who keep or store in a motor vehicle pistols in accordance with section
624.714 or 624.715new text begin ,new text end or other firearms deleted text begin in accordance with section 97B.045deleted text end new text begin provided:
new text end
new text begin
(i) the firearm is unloaded and in a gun case expressly made to contain a firearm, and
the case fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise
fastened, and without any portion of the firearm exposed; or
new text end
new text begin (ii) the firearm is unloaded and in the closed trunk of a motor vehiclenew text end ;
(5) firearm safety or marksmanship courses or activities conducted on school
property;
(6) possession of dangerous weapons, BB guns, or replica firearms by a ceremonial
color guard;
(7) a gun or knife show held on school property;
(8) possession of dangerous weapons, BB guns, or replica firearms with written
permission of the principal or other person having general control and supervision of the
school or the director of a child care center; or
(9) persons who are on unimproved property owned or leased by a child care center,
school, or school district unless the person knows that a student is currently present on the
land for a school-related activity.
(f) Notwithstanding section 471.634, a school district or other entity composed
exclusively of school districts may not regulate firearms, ammunition, or their respective
components, when possessed or carried by nonstudents or nonemployees, in a manner
that is inconsistent with this subdivision.