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HF 239

as introduced - 88th Legislature (2013 - 2014) Posted on 01/31/2013 01:22pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to public safety; establishing equal penalties for persons who possess
guns on private property after being ordered to leave the premises; amending
Minnesota Statutes 2012, section 624.714, subdivision 17.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 624.714, subdivision 17, is amended to read:


Subd. 17.

Posting; trespass.

(a) A person carrying a firearm on or about his or her
person or clothes under a permit or otherwise who remains at a private establishment
knowing that the operator of the establishment or its agent has made a reasonable
request that firearms not be brought into the establishment may be ordered to leave the
premises. A person who fails to leave when so deleted text begin requesteddeleted text end new text begin orderednew text end is guilty of a deleted text begin pettydeleted text end new text begin gross
new text end misdemeanor. deleted text begin The fine for a first offense must not exceed $25. Notwithstanding section
609.531, a firearm carried in violation of this subdivision is not subject to forfeituredeleted text end new text begin A
person who is convicted a second or subsequent time is guilty of a felonynew text end .

(b) As used in this subdivision, the terms in this paragraph have the meanings given.

(1) "Reasonable request" means a request made under the following circumstances:

(i) the requester has prominently posted a conspicuous sign at every entrance to
the establishment containing the following language: "(INDICATE IDENTITY OF
OPERATOR) BANS GUNS IN THESE PREMISES."; or

(ii) the requester or the requester's agent personally informs the person that guns
are prohibited in the premises and demands compliance.

(2) "Prominently" means readily visible and within four feet laterally of the entrance
with the bottom of the sign at a height of four to six feet above the floor.

(3) "Conspicuous" means lettering in black arial typeface at least 1-1/2 inches in
height against a bright contrasting background that is at least 187 square inches in area.

(4) "Private establishment" means a building, structure, or portion thereof that is
owned, leased, controlled, or operated by a nongovernmental entity for a nongovernmental
purpose.

(c) The owner or operator of a private establishment may not prohibit the lawful
carry or possession of firearms in a parking facility or parking area.

(d) This subdivision does not apply to private residences. The lawful possessor of a
private residence may prohibit firearms, and provide notice thereof, in any lawful manner.

(e) A landlord may not restrict the lawful carry or possession of firearms by tenants
or their guests.

(f) Notwithstanding any inconsistent provisions in section 609.605, this subdivision
sets forth the exclusive criteria to notify a permit holder when otherwise lawful firearm
possession is not allowed in a private establishment and sets forth the exclusive penalty
for such activity.

(g) This subdivision does not apply to:

(1) an active licensed peace officer; or

(2) a security guard acting in the course and scope of employment.