HF 3283

Introduction - 94th Legislature (2025 - 2026)

Posted on 05/01/2025 10:07 a.m.

A bill for an act
relating to public safety; authorizing establishments with on-sale intoxicating liquor
licenses to prohibit the carry of firearms by off-duty peace officer; amending
Minnesota Statutes 2024, section 624.714, subdivision 17.

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

Section 1.

Minnesota Statutes 2024, 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 requested is guilty of a petty misdemeanor. 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 forfeiture.

(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) The owner or operator of a private establishment may not prohibit the lawful carry
or possession of firearms by a peace officer, as defined in section 626.84, subdivision 1,
paragraph (c), within the private establishment or deny the officer access thereto, except new text begin as
provided under paragraph (e) or new text end when specifically authorized by new text begin other new text end statute. The owner
or operator of the private establishment may require the display of official credentials issued
by the agency that employs the peace officer prior to granting the officer entry into the
private establishment.

new text begin (e) The owner or operator of a private establishment that has an on-sale intoxicating
liquor license may prohibit the lawful carry or possession of firearms by an off-duty peace
officer, as defined in section 626.84, subdivision 1, paragraph (c), within the private
establishment or deny the officer access thereto.
new text end

deleted text begin (e) deleted text end new text begin (f) new text end 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.

deleted text begin (f) deleted text end new text begin (g) new text end A landlord may not restrict the lawful carry or possession of firearms by tenants
or their guests.

deleted text begin (g) deleted text end new text begin (h) new text end 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.

deleted text begin (h) deleted text end new text begin (i) new text end This subdivision does not apply to a security guard acting in the course and scope
of employment. The owner or operator of a private establishment may require the display
of official credentials issued by the company, which must be licensed by the Private Detective
and Protective Agent Services Board, that employs the security guard and the guard's permit
card prior to granting the guard entrance into the private establishment.