HF 459

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/01/2021 04:30pm

A bill for an act
relating to public safety; allowing permitted and trained school staff to carry
firearms; amending Minnesota Statutes 2020, sections 609.66, subdivision 1d;
624.714, subdivision 18, by adding a subdivision; proposing coding for new law
in Minnesota Statutes, chapter 299C.

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

Section 1.

new text begin [299C.26] ACTIVE SHOOTER FIREARM TRAINING; SCHOOL
TEACHERS AND EMPLOYEES.
new text end

new text begin (a) The superintendent of the Bureau of Criminal Apprehension, in consultation with
security and law enforcement experts with appropriate qualifications and experience in
responding to active shooter situations, must establish a school and postsecondary institution
teacher and employee firearm training program that includes at a minimum training in active
shooter situations. The bureau must offer the training to teachers and other school and
postsecondary institution employees at least once a year. The bureau may contract with a
private organization to provide the training under this paragraph.
new text end

new text begin (b) The training must be provided at no cost to teachers and other employees of public
elementary, middle, and secondary schools; charter schools under chapter 124E; and
postsecondary institutions under chapter 136F or 137. The training program must admit
only school and postsecondary institution teachers and employees who have completed
training for a permit to carry under section 624.714 within one year of the date of attending
the training under this section or have a permit to carry under section 624.714.
new text end

new text begin (c) For the purposes of this section:
new text end

new text begin (1) "teacher" has the meaning given in section 122A.06, subdivision 2; and
new text end

new text begin (2) "employee" has the meaning given in section 181.931, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2020, section 609.66, subdivision 1d, is amended to read:

Subd. 1d.

Possession on school property; penalty.

(a) Except as provided under
paragraphs (d) and (f), whoever possesses, stores, or keeps a dangerous weapon while
knowingly on school property is guilty of a felony and may be sentenced to imprisonment
for not more than five years or to payment of a fine of not more than $10,000, or both.

(b) Whoever uses or brandishes a replica firearm or a BB gun while knowingly on school
property is guilty of a gross misdemeanor.

(c) Whoever possesses, stores, or keeps a replica firearm or a BB gun while knowingly
on school property is guilty of a misdemeanor.

(d) Notwithstanding paragraph (a), (b), or (c), 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.

(e) 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.

(f) 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; deleted text begin or
deleted text end

(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 deleted text begin . deleted text end new text begin ; or
new text end

new text begin (10) teachers and employees of public elementary, middle, and secondary schools; charter
schools under chapter 124E; and postsecondary institutions under chapter 136F or 137 who
have a school permit to carry under section 624.714, subdivision 8b.
new text end

(g) 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2020, section 624.714, is amended by adding a subdivision to
read:

new text begin Subd. 8b. new text end

new text begin School permit to carry. new text end

new text begin (a) A teacher or other employee of a public
elementary, middle, or secondary school; charter school under chapter 124E; or postsecondary
institution under chapter 136F or 137 may apply to the sheriff of the county where the
teacher or employee resides for a school permit to carry. A nonresident as defined in section
171.01, subdivision 42, who is a teacher or other employee of a public elementary, middle,
or secondary school; charter school under chapter 124E; or postsecondary institution under
chapter 136F or 137, may apply to any sheriff.
new text end

new text begin (b) Unless a sheriff denies a permit under the exception in subdivision 6, paragraph (a),
clause (3), a sheriff must issue a school permit to carry to an applicant if, at the time of
submitting an application to the sheriff, the applicant:
new text end

new text begin (1) is employed as a teacher or other employee of a public elementary, middle, or
secondary school; charter school under chapter 124E; or postsecondary institution under
chapter 136F or 137;
new text end

new text begin (2) either has a permit to carry or is applying for the permit to carry simultaneously with
the school permit to carry;
new text end

new text begin (3) has successfully completed the training program under section 299C.26 within one
year of the date of the application for the school permit to carry;
new text end

new text begin (4) completes an application for a school permit to carry; and
new text end

new text begin (5) is not prohibited from carrying under subdivision 2, paragraph (b), clauses (4) and
(5).
new text end

new text begin (c) The commissioner shall adopt statewide standards governing the form and contents
of the application for a school permit to carry. The requirements, form, and contents of the
application and application process must include, at a minimum, the requirements, form,
and contents of the application and application process required under subdivision 3 for a
permit to carry.
new text end

new text begin (d) The sheriff may charge a processing fee for a permit application under this subdivision
in an amount not to exceed the actual and reasonable direct cost of processing the application
or $100, whichever is less. Of this amount, $10 must be submitted to the commissioner and
deposited into the general fund.
new text end

new text begin (e) The application content and process for a school permit to carry may be combined
with the content and process for an applicant applying for a permit to carry under subdivision
3.
new text end

new text begin (f) An investigation and background check of the applicant must be conducted according
to subdivision 4.
new text end

new text begin (g) A school permit to carry must be on an official, standardized permit card adopted
by the commissioner, containing only the name, residence, and driver's license number or
state identification card number of the permit holder, if any, and that the card is a school
permit to carry. The permit card must also identify the issuing sheriff and state the expiration
date of the permit. The permit card must clearly display a notice that a permit, if granted,
is void and must be immediately returned to the sheriff if the permit holder becomes
prohibited by law from possessing a firearm.
new text end

new text begin (h) A school permit to carry issued under this subdivision expires one year after the date
of issue. It may be renewed in the same manner and under the same criteria which the
original permit was obtained.
new text end

new text begin (i) Unless stated otherwise in this subdivision, the other provisions in this section that
apply to an applicant for a permit to carry also apply to an applicant for a school permit to
carry.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2020, section 624.714, subdivision 18, is amended to read:

Subd. 18.

Employers; public colleges and universities.

(a) An employer, whether
public or private, may establish policies that restrict the carry or possession of firearms by
its employees while acting in the course and scope of employment. Employment related
civil sanctions may be invoked for a violation.

(b) A public postsecondary institution regulated under chapter 136F or 137 may establish
policies that restrict the carry or possession of firearms by its students while on the
institution's property. Academic sanctions may be invoked for a violation.

(c) Notwithstanding paragraphs (a) and (b), an employer or a postsecondary institution
may not prohibit the lawful carry or possession of firearms in a parking facility or parking
area.

new text begin (d) This subdivision does not apply to teachers and employees authorized to carry firearms
under section 609.66, subdivision 1d, paragraph (f).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end