HF 3567

as introduced - 86th Legislature (2009 - 2010) Posted on 03/09/2010 10:42am

A bill for an act
relating to public safety; broadening the definition of "BB gun" to include certain
realistic appearing airsoft guns; amending Minnesota Statutes 2008, sections
609.66, subdivision 1d; 609.713, subdivision 3; 624.7181, subdivision 1.

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

Section 1.

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 new text begin : (i) new text end fires or ejects a shot measuring .18 of an inch
or less in diameter new text begin and weighing ten grains or less; or (ii) reasonably appears to be a
pistol, revolver, rifle, shotgun, semi-automatic military-style assault rifle, machine gun,
or rocket launcher that is designed to fire or eject a less-than-lethal plastic projectile of
any size but weighing 10.0 grains or less, unless the device is permanently colored bright
yellow, blaze orange, neon green, or bright pink on 80 percent or more of its surface area
including 80 percent or more of any part of the surface area which is generally visible
in daylight or under ordinary prevailing lighting conditions when the device is held in a
person's hand or hands or is worn in a holster new text end ;

(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 624.715 or other firearms in accordance with section 97B.045;

(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.

Sec. 2.

Minnesota Statutes 2008, section 609.713, subdivision 3, is amended to read:

Subd. 3.

Display replica of firearm.

(a) Whoever displays, exhibits, brandishes,
or otherwise employs a replica firearm or a BB gun in a threatening manner, may be
sentenced to imprisonment for not more than one year and one day or to payment of a fine
of not more than $3,000, or both, if, in doing so, the person either:

(1) causes or attempts to cause terror in another person; or

(2) acts in reckless disregard of the risk of causing terror in another person.

(b) For purposes of this subdivision:

(1) "BB gun" means a device that new text begin : (i) new text end fires or ejects a shot measuring .18 of an
inch or less in diameter new text begin and weighs ten grains or less; or (ii) reasonably appears to be a
pistol, revolver, rifle, shotgun, semi-automatic military-style assault rifle, machine gun,
or rocket launcher that is designed to fire or eject a less-than-lethal plastic projectile of
any size but weighing 10.0 grains or less, unless the device is permanently colored bright
yellow, blaze orange, neon green, or bright pink on 80 percent or more of its surface area
including 80 percent or more of any part of the surface area which is generally visible
in daylight or under ordinary prevailing lighting conditions when the device is held in a
person's hand or hands or is worn in a holster new text end ; and

(2) "replica firearm" means a device or object that is not defined as a dangerous
weapon, and that is a facsimile or toy version of, and reasonably appears to be a pistol,
revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other
firearm. The term replica firearm includes, but is not limited to, devices or objects that
are designed to fire only blanks.

Sec. 3.

Minnesota Statutes 2008, section 624.7181, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section, the following terms have
the meanings given them.

(a) "BB gun" means a device that new text begin : (i) new text end fires or ejects a shot measuring .18 of an inch
or less in diameter new text begin and weighing ten grains or less; or (ii) reasonably appears to be a
pistol, revolver, rifle, shotgun, semi-automatic military-style assault rifle, machine gun,
or rocket launcher that is designed to fire or eject a less-than-lethal plastic projectile of
any size but weighing 10.0 grains or less, unless the device is permanently colored bright
yellow, blaze orange, neon green, or bright pink on 80 percent or more of its surface area
including 80 percent or more of any part of the surface area which is generally visible
in daylight or under ordinary prevailing lighting conditions when the device is held in a
person's hand or hands or is worn in a holster new text end .

(b) "Carry" does not include:

(1) the carrying of a BB gun, rifle, or shotgun to, from, or at a place where firearms
are repaired, bought, sold, traded, or displayed, or where hunting, target shooting, or
other lawful activity involving firearms occurs, or at funerals, parades, or other lawful
ceremonies;

(2) the carrying by a person of a BB gun, rifle, or shotgun that is unloaded and in
a gun case expressly made to contain a firearm, if the case fully encloses the firearm
by being zipped, snapped, buckled, tied, or otherwise fastened, and no portion of the
firearm is exposed;

(3) the carrying of a BB gun, rifle, or shotgun by a person who has a permit under
section 624.714;

(4) the carrying of an antique firearm as a curiosity or for its historical significance
or value; or

(5) the transporting of a BB gun, rifle, or shotgun in compliance with section
97B.045.

(c) "Public place" means property owned, leased, or controlled by a governmental
unit and private property that is regularly and frequently open to or made available for use
by the public in sufficient numbers to give clear notice of the property's current dedication
to public use but does not include: a person's dwelling house or premises, the place of
business owned or managed by the person, or land possessed by the person; a gun show,
gun shop, or hunting or target shooting facility; or the woods, fields, or waters of this state
where the person is present lawfully for the purpose of hunting or target shooting or
other lawful activity involving firearms.

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective August 1, 2010, and apply to incidents involving
firearms occurring on or after that date.
new text end