HF 352

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; terroristic threats; making display 
  1.3             of replica grenades or explosive device a crime; 
  1.4             amending Minnesota Statutes 1996, sections 609.66, 
  1.5             subdivision 1d; and 609.713, subdivision 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 609.66, 
  1.8   subdivision 1d, is amended to read: 
  1.9      Subd. 1d.  [FELONY; POSSESSION ON SCHOOL PROPERTY.] (a) 
  1.10  Whoever possesses, stores, or keeps a dangerous weapon or uses 
  1.11  or brandishes a replica firearm or a BB gun or a replica of a 
  1.12  firearm, grenade, or other explosive device on school property 
  1.13  is guilty of a felony and may be sentenced to imprisonment for 
  1.14  not more than two years or to payment of a fine of not more than 
  1.15  $5,000, or both. 
  1.16     (b) Whoever possesses, stores, or keeps a replica firearm 
  1.17  or a BB gun on school property is guilty of a gross misdemeanor. 
  1.18     (c) As used in this subdivision: 
  1.19     (1) "BB gun" means a device that fires or ejects a shot 
  1.20  measuring .18 of an inch or less in diameter; 
  1.21     (2) "dangerous weapon" has the meaning given it in section 
  1.22  609.02, subdivision 6; 
  1.23     (3) "replica firearm" has the meaning given it in section 
  1.24  609.713; and 
  1.25     (4) "school property" means: 
  2.1      (i) a public or private elementary, middle, or secondary 
  2.2   school building and its grounds, whether leased or owned by the 
  2.3   school; and 
  2.4      (ii) the area within a school bus when that bus is being 
  2.5   used to transport one or more elementary, middle, or secondary 
  2.6   school students. 
  2.7      (d) This subdivision does not apply to: 
  2.8      (1) licensed peace officers, military personnel, or 
  2.9   students participating in military training, who are performing 
  2.10  official duties; 
  2.11     (2) persons who carry pistols according to the terms of a 
  2.12  permit; 
  2.13     (3) persons who keep or store in a motor vehicle pistols in 
  2.14  accordance with sections 624.714 and 624.715 or other firearms 
  2.15  in accordance with section 97B.045; 
  2.16     (4) firearm safety or marksmanship courses or activities 
  2.17  conducted on school property; 
  2.18     (5) possession of dangerous weapons, BB guns, or replica 
  2.19  firearms by a ceremonial color guard; 
  2.20     (6) a gun or knife show held on school property; or 
  2.21     (7) possession of dangerous weapons, BB guns, or replica 
  2.22  firearms with written permission of the principal. 
  2.23     Sec. 2.  Minnesota Statutes 1996, section 609.713, 
  2.24  subdivision 3, is amended to read: 
  2.25     Subd. 3.  (a) Whoever displays, exhibits, brandishes, or 
  2.26  otherwise employs a replica firearm or a BB gun in a threatening 
  2.27  manner, or a replica of a firearm, grenade, or other explosive 
  2.28  device is guilty of a felony and may be sentenced to 
  2.29  imprisonment for not more than one year and one day or to 
  2.30  payment of a fine of not more than $3,000, or both, if, in doing 
  2.31  so, the person either:  
  2.32     (1) causes or attempts to cause terror in another person; 
  2.33  or 
  2.34     (2) acts in reckless disregard of the risk of causing 
  2.35  terror in another person.  
  2.36     (b) For purposes of this subdivision: 
  3.1      (1) "BB gun" means a device that fires or ejects a shot 
  3.2   measuring .18 of an inch or less in diameter; and 
  3.3      (2) "replica firearm, grenade, or other explosive device" 
  3.4   means a device or object that is not defined as a dangerous 
  3.5   weapon, and that is a facsimile or toy version of, and 
  3.6   reasonably appears to be a pistol, revolver, shotgun, sawed-off 
  3.7   shotgun, rifle, machine gun, rocket launcher, or any other 
  3.8   firearm.  The term replica firearm includes, but is not limited 
  3.9   to, devices or objects that are designed to fire only blanks.  
  3.10     Sec. 3.  [EFFECTIVE DATE.] 
  3.11     Sections 1 and 2 are effective August 1, 1997, and apply to 
  3.12  crimes committed on or after that date.